HomeMy WebLinkAbout2024-016 (Amended Resolution Vacating a Portion of Unbuilt Public Right-Of-Way Located Within the City)STATE OF MINNESOTA
COUNTY OF WASHINGTON
-'afer
--
The Birthplace of Minnesota
CERTIFICATION
}
} SS
}
I, Beth Wolf City Clerk or the City of Stillwater do herby certify that foregoing is a true and
correct copy of RESOLUTION NO.2024-016, RESOLUTION AMENDING DOCUMENT
NO.4386508 VACATING A PORTION OF UNBUILT PUBLIC RIGHT-OF-WAY
LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA, adopted by the City of
Stillwater City Council at a meeting held, according to law, at Stillwater, Minnesota, on the 6 h
day of February, 2024, as the same appears on file and of record in the offices of the City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Stillwater, this 21St day of February, 2024.
Beth Wolf, City Cler
■■,%jti a 1111 fi►►►
♦'�■ STILL!!,
\♦ �� 'ice fr
-ems -
•..���NNES��,,■�•
City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-016
AMENDED
RESOLUTION VACATING A PORTION OF UNBUILT PUBLIC RIGHT-OF-WAY
LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, by that certain plat of Carli and Schulenburg's Addition to Stillwater,
Minnesota recorded on November 30, 1867 in the Washington County Register of Deeds,
as amended by that certain Sectional Map of Stillwater Minn. recorded as Document No.
416049 on March 19, 1981 in the Washington County Recorder's Office, Third Street was
dedicated as a public right-of-way; and
WHEREAS, Kathleen M. Middleton Revocable Trust, dated December 9, 1997, as
amended ("Owner"), is the fee owner of the following real property in Washington County,
Minnesota, with a property address of 101 Hazel Street, Stillwater, MN 55082 and legally
described as:
AND
The East 50 feet of Lot 1 and East 50 feet of the North Half of Lot 2, all in Block
46, Carli and Schulenburg's Addition to Stillwater, Minnesota
Abstract Property
P I D: 21.030.20.13.0030
The South Half of Lot 2, Block 46, Carli and Schulenburg's Addition to Stillwater,
Minnesota
Abstract Property
PI D: 21.030.20.13.0032
("Owner's Property"); and
WHEREAS, the City of Stillwater ("City") is the fee owner of the following real
property in Washington County, Minnesota, legally described as follows:
Lots 1-6, Block 47, together with the East half of adjacent vacated Third Street,
Carli and Schulenberg's Addition to Stillwater.
Abstract Property
PI D: 21.030.20.13.0037
("City Property"); and
WHEREAS, Owner petitioned to vacate a portion of Third Street that is located
between Owner's Property and City Property; and
WHEREAS, Third Street is legally described as follows:
That part of North Third Street as dedicated in the plat of CARLI &
SCHULENBURG'S ADDITION as perfected and on file in the office of the County
Recorder, Washington County Minnesota, lying South of East Hazel Street and
North of the north line of Lot 3, Block 46 and its easterly extension. Said north line
being the same as that described in Document No. 553625.
Subject to easements & restrictions of record, if any.
and depicted on Exhibit A ("Street"), attached hereto and incorporated herein; and
WHEREAS, the Street was never built; and
WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the majority
landowners, with a majority vote of its members, the City Council may vacate any street,
alley, public grounds, public way or any part thereof within the City by Resolution; and
WHEREAS, the City of Stillwater wishes to vacate the Street described above and
depicted on Exhibit A for the benefit of Owner and the City, and to convey by operation
of law, half of said Street to Owner's Property and half to City's Property; and
WHEREAS, a notice of a public hearing on said vacation was duly published,
posted and mailed in accordance with applicable Minnesota Statutes, and a public
hearing was held on said vacation; and
WHEREAS, the City Council of Stillwater then proceeded to hear all persons
interested in said vacation and all persons interested were afforded an opportunity to
present their views and objections to the granting of said vacation; and
WHEREAS, the City Council of Stillwater has determined that the vacation would
be in the public interest.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater
as follows:
1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Street described
above and depicted on Exhibit A.
2. That said vacation has no relationship to the City's Comprehensive Plan
and therefore the Stillwater City Council has dispensed with the
requirements of Minn. Stat. § 462.356, Subd. 2, that may require the
Stillwater Planning Commission to perform a Comprehensive Plan
compliance review of said vacation that may constitute a disposal of real
property pursuant to § 462.356, Subd. 2.
3. That the City Clerk shall prepare a notice to be presented to the Washington
County Auditor reflecting the completion of the proceedings herein.
2
Adopted by the Stillwater City Council this 6th day of February, 2024.
CITY OF STIL
Ted wski, Mayor
ATTEST:
A17V
Beth Wolf, City Cle
EXHIBIT A
DEPICTION OF STREET TO BE VACATED
`o
0 0 KK0
c L
rr
z G
3
>
0
�
c gn m
at v 'S w EN
v n:
�
v
° O
Ens
Z
8
za°z
Gas
a
.� 3 viL b5v'ni
s
F
o
iwo w
EZO
o IEE{ w gy
a
LL. `.
z (9 f
ti K
a
3 0
w
(LL, e
U)
4i 44
Z Z W m O
E��
v�
8 u
ja
c axi �
$
uv
a I,•I
a
uuo
rw
x�
1
"La
1
LU
=
l
G ul a
1
uj
N,
°.
1 3 3 a
.c s o a i H 1 .N
�
Si9FK OH J00
-
wY:
NOUVDVAG3SQdobd
N.
,� `sahift.Qunvn
g
u
c
� �
A-1