HomeMy WebLinkAbout2024-095 (Vacating a Permanent Drainage and Utility Easement Located Within the City)City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-095
A RESOLUTION VACATING
A PERMANENT DRAINAGE AND UTILITY EASEMENT LOCATED
WITHIN THE CITY OF STILLWATER, MINNESOTA
WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the City of Stillwater, 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 owner of certain real property located at 201 Olive Street West and
211 Olive Street West, Stillwater, Minnesota, legally described on the attached Exhibit A
("Property"), petitioned to vacate the Permanent Drainage and Utility Easement recorded on
March 29, 2022 as Document No. 4365230; and
WHEREAS, a notice of a public hearing on said vacation was duly published and
posted in accordance with applicable Minnesota Statutes and a public hearing was held on
said vacation at the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota; 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 City Council of the City of Stillwater:
1. That pursuant to Minn. Stat. § 412.851, hereby vacates the Permanent Drainage
and Utility Easement recorded on March 29, 2022 as Document No. 4365230 over
the Property, located at 201 Olive Street West and 211 Olive Street West,
Stillwater, Minnesota, legally described on the attached Exhibit A.
2. That said vacation has no relationship to the City's Comprehensive Plan and
therefore the Stillwater 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 said notice of vacation shall be recorded prior to but simultaneously with the
recording of the required new easements associated with the lot line
reconfiguration.
4. That the City Clerk shall record this Resolution and take any other actions deemed
necessary to reflect the completion of the proceedings herein.
Adopted by the Stillwater City Council this 20th day of August, 2024.
CITY OF STILLWA E _ f
Michael Polehna, Vice Mayor
ATTEST:
�17,11-111MIZ
Beth Wolf, City Cler
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EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY
Real property located in the City of Stillwater, County of Washington, State of
Minnesota described as follows:
Parcel 1:
The West 75.00 feet of the following described property:
All that part of Lots 1 and 2, Block 33, Original Town, now City of Stillwater, described as
follows, to-wit:
Beginning at the Northeast corner of said Block 33, and running thence west along the north
line of said Block, 150.72 feet to the northwest corner of said Lot 1, thence South along the
west line of said Lots 1 and 2, 95 feet to an iron pipe monument, thence East on a line parallel
to said north line of said Block, 150.72 feet to an iron pipe monument set on the east line of
said Block, thence North along said east line 95 feet to the point of beginning. All of the same
lying and being in the City of Stillwater, County of Washington, State of Minnesota.
And
The South 15.00 feet of Lot 2 and all of Lot 3, Block 33, Original Town, Now City of Stillwater.
Together with an easement for Drainage, Utility, Driveway, Ingress and Egress purposes
over, under and across that part of the North 32.00 feet of the South 67.00 feet of the following
described property:
That part of the following described property lying Easterly of the Westerly 75.00 feet thereof:
All that part of Lots 1 and 2, Block 33, Original Town, now City of Stillwater, described as
follows, to-wit:
Beginning at the Northeast corner of said Block 33, and running thence west along the north
of said Block 150.72 feet to the northwest corner of said Lot 1, thence South along the west
line of said Lots 1 and 2, 95 feet to an iron pipe monument, thence East on a line parallel to
said north line of said Block 150.72 feet to an iron pipe monument set on the east line of said
Block, thence North along said east line 95 feet to the point of beginning. All of the same lying
and being in the City of Stillwater, County of Washington, State of Minnesota.
And
The South 15.00 feet of Lot 2, and all of Lot 3, Block 33, Original Town, now City of Stillwater.
Parcel 2:
That part of the following described property lying Easterly of the Westerly 75.00 feet thereof:
All that part of Lots 1 and 2, Block 33, Original Town, now City of Stillwater, described as
follows, to-wit:
Beginning at the Northeast corner of said Block 33, and running thence West along the north
line of said Block, 150.72 feet to the northwest corner of said Lot 1, thence South along the
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west line of said Lots 1 and 2, 95 feet to an iron monument, thence East on a line parallel to
said north line of said Block, 150.72 feet to an iron pipe monument set on the east line of said
Block, thence North along said east line 95 feet to the point of beginning. All of the same lying
and being in the City of Stillwater, County of Washington, State of Minnesota.
And
The South 15.00 feet of Lot 2 and all of Lot 3, Block 33, Original Town, now City of Stillwater.
Subject to an easement for drainage, utility, driveway, ingress and egress purposes over,
under and across the North 32.00 feet of the South 67.00 feet for the benefit of the following
described property:
The West 75.00 feet of the following described property:
All that part of Lots 1 and 2, Block 33, Original Town, now City of Stillwater, described as
follows, to-wit:
Beginning at the Northeast corner of said Block 33, and running thence west along the north
line of said Block, 150.72 feet to the northwest corner of said Lot 1, thence South along the
west line of said Lots 1 and 2, 95 feet to an iron pipe monument, thence East on a line parallel
to said north line of said Block, 150.72 feet to an iron pipe monument set on the east line of
said Block, thence North along said east line 95 feet to the point of beginning. All of the same
lying and being in the City of Stillwater, County of Washington, State of Minnesota.
And the South 15.00 feet of Lot 2, and all of Lot 3, Block 33, Original Town now City of
Stillwater.
Abstract Property