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Home My WebLink About2011-103 RESOLUTION 2011 -103 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING PART OF NORTH BROADWAY ST CASE NO. 2011-14 WHEREAS, a Petition was presented praying for the vacation of part of North Broadway Street in the City of Stillwater, Minnesota, hereinafter described; and, WHEREAS, the Stillwater Planning Commission held a public hearing on 13th day of June, 2011, to consider the vacation request and after receiving all public comments the Commission unanimously recommended City Council approve the street vacation of part of North Broadway Street; and WHEREAS, the City Council did determine that the Petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that is was proper for them to proceed with the vacation pursuant to Minnesota Statutes §440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the 5th day of July, 2011, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City and the abutting owners that the portion of the street be returned to the tax rolls; and WHEREAS, the property owner has agreed to provide a storm sewer easement in exchange for the proposed street vacation; and WHEREAS, it appears in the public interest that a portion of the street be vacated since it is no longer needed for public purposes and if returned to the tax rolls would improve. the tax base of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Petition be and the same is hereby granted, that the following Street, be and the same is hereby vacated: (AS DESCRIBED IN BOOK 204 OF DEEDS, PAGE 12) That portion of the El /2 of vacated North Broadway Street lying West of Lot 23, Block 32, described d as follows: Beginning at the SW corner of said Lot 23, Block 32, of said Addition, thence West on the prolongation of the south line of said Lot, 30 feet, thence North 39'48' East 46.9 feet to the west tine of Lot 23, thence South on said west line 36 feet to the point of beginning. A copy of a survey depicts the areas the map attached hereto as Exhibit A; and Page 2 of 2 BE IT FURTHER RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the vacation shall be filed with Washington County Recorder's office only after and executed storm sewer easement is provided to the City and approved to form by the Stillwater City Attorney. Adopted by affirmative vote of all the members of the City Council of the City of Stillwater this 5th day of July, 2011. CITY OF STILLWA Ke `: cki, M Tor ATT ST: Diane F. Ward, City Clerk EXISTING LEGAL DESCRIPTION: -------- HiCWXY �T OF WAY -14E N89'34'00"E "0 HOAR"Hw set - - - -1 � <�- (The following legal description per Warranty Deed! DML " . ...... co 223.77 No�51)7759) CORNER of Lot 5 Work 32 CarO and Scholenburg's Addition to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , , Aggg� DE LOT 5 v- EoLHD ?• or Stillwater, accordin to the plat thereof on flit and of 03 -oura, ? pow Pi oj OF Lot Lee PROPOSED EASEMENT' g Es' & oz wR� or record in the office of the County Recorder, Washington Qz' LOT COR.k V 1 1 County, Minnesota, together with that portion of the E112 An easement for underground storm sewer purposes under and across that pan If 1 Of Vacated North Broadway, which accrues thereto by 1 reason of the vacation thereof. CONTACTS 9 1 13"E 11P Lot 23, Block 32, Caril and Schuteriburg's Addition to Stillwater, according to the the following described property: L 8.00 Tile $OUTH O� THE plat thersol'on IRS and Of record In the Office Ofthe CounlyRecorder, Washington and LEON & SHARON - - County, , Minnesota together with that Portion of the El 12 of vacated North 1QR10 3�.Op FEET M All of Lot 23, Block 32, Carli and Schulenburg'S Addition to THURMES TRA J WI IDH LE5 Broadway, which accrues thereto try frames of the Vacation thereof. Stillwater, according to the plat thereof on We and of 101 RIDGE LANE AaJACEwT To TRACT I record in the office of the County Recorder, Washington STILLWATER, MN 55082 'ca, Said easement is described as BEGINNING at the southwest corner of said Lot 23; County, Minnesota, Together with that portion of the El /2 T'651-439-2837 MP the along the on an assumed bearing of North 89 degrees SO minutes 13 seconds East of Vacated North Broadway, which accruess thereto by e South line of said Lot 23 a distance of 71.46 feet; thence North 56 try reason of the vacation thereof, except that portion of the degrees OS minutes 47 seconds West a distance of 18.56 feet; thence South 83 El 12 of vacated North Broadway Street tying west of Lot Or c degrees 29 minutes S4 seconds West a distance of 69.91 feet, thence South 15 1 23, Black 32, described as follows: Beginning at the SW degrees 33 minutes 5S Seconds West distance of 2.78 feet ro the westely axtensk corner of said Lot 23, Block 32, of said Addition, thence 7E- of the southerly lrisoutherly line of said Lot 23: thence North 89 degrees S O minutes 3 Odl West on the prolongat of the south line of said Lot, 30 East a distance of 14.15 Net to I POINT OF BEGINNING. feet, thence North 39 East 46.9 feet to the West line at % LOT 23, thence South on said West line 36 feet to the poms, COUNTY/CITY: at beginning. (AASTRACT PROPIAT(i PROPOSED V ACATION: arid WAS 4 - 11 - C> RUFF N: LIT (AS DESCRIBED IN BOOK 204 OF DEEDS, PAGE 12) 1 tzi C O 11-1 N -- 11 jj - ♦ That portion of the El 12 of vacated North Broadway Street Ali If Lot "j of REGISTERED LAND SURVEY No. 7 as new on ♦ Tying West of Lot 23, Block 32, described as follows: ME in the office of the Registrar of Titles in and for The --- ---------------- ------------------------- --------- 'a Beginning at the SW corner of said Lot 23, Block 3Z, of Said 1 1:� County of Washington, State of Minmeanstut, EXCEPT the 4= a T V O F= 1 ♦ Addition prolongation of the South Mae ;A f I ♦ % of Owing: of L; thence West on the pr t. 30feet� the- North 39'48' East 46.9 feet TOUTS West line of Lot 23, thence South on said West line 36 fee to / % the point of beginning. 1. The point of beginning of this description Is the most sue '- Sout corner of Tract thence North along the wen ♦ line of said Tract 'J' on a bearing N. 00'00' E, for 92.36 ft: t a raecti m T F for S6.8 h. [I its Int rm with EXCHANGE AREAS: thetce S. 25'1 3' line of Said Tract 'j': thence S. 38*03' W. along said Southeasterly line o( Tract 'j" for 39.3 ft. REVISIONS: AREA OF PRO POSED EASEMENT -535 SQ.FT t i" DATE REVISION ♦ AREA OF PROPOSED VACATION =53 S SQFT 2. Ali that tpo beginning. rn of Tract * j" of F•LS, N. 7 lying and Inin % 8-20-09 KELLININARY ISSUE 7 - % Registered Land Survey No. 7. Immediately adjacent CO to Tracts "E", 'F' and "H'of al 5-5-11 P EXCHANGE IS 3. The West 12 fL of said Tract - j - of Registered Land 4 41 �j';: Survey No. 7, lying and being Immediately adjacent to DENOTES PROPOSED VACATION Tracts T and'K" of said ILLS. *7. % i 4. The East Twenty-five (2 S) feet of all that pan ofTrmt zc % DENOTES PROPOSED EASEMENT t Yg and being immediately East of the North ♦ I Thirty-five (35) feet of Tract 1'. % -k. % 1 (ft Is the grantor's intention, to release her easement over NORTH f the East Seven M feet of the West Twelve 0 2) fear of the - - - - - - - - - - - - - - - - - - - j North Thirty -five (3 5) feet of that pan of Tfact' lying and 0 10 20 being immediately East of the North Thirty -clot (35) feet or 0 Tract'r.) (TORRENS PROPERTY) 5E-" SCALE: I INCH - 10 FEET AREA: L - - - - - - - - - - - 5 f. 16 - fCTAl- AREA OF PARCEL - 43,814 SQ.FT. 1.01 ACRES S89*42'24 W TOTAL AREA EXCLUDING HIGHWAY EASEMENT - 31,443 -------- -- --------- 4 ---------- 6 1 ------ SET '014- NO ----------- 23 x � ' SQ.FT 10.72 ACRES mom CERTIFICATION: I here y -tify that mis plan was SURVEY NOTES: prepared by me. or under In dren 1--hiLe and ft, I Am a out, ' d Survey., ..or, the laws LicensedLan 1. BEARINGS ARE ASSUMED. If d1 state If MINNESOTA- 4A 2. UNDERGROUND UTILITIES NOT SHOWN. C nerej. Y&H Registration No: 41572 1 ' t i care: A R !I EXISTING EASEMENT NOTES: PROJECT LOCATION. Th< following easements as shown on Chicago Tide Insurance Company title commitment no. 2389. dated 21., 1996 1. E-SAMS and r eserving m the State of MI-Ma tic mine rals and mineral rights, as provided 41 by law. (NOT SHOWN ON SURVEY) to 2. Highway Easement per Dar. No. 50241 (AS SHOWN ON SURVEY) - RIDGE LA.NE A ----------- PID#2103020410008 -------------- -- --------- - ---- m nq SYMBOLS: PID*2103020410005 I* __ ------------------- ------------- 60 2%-ac __ ---- D MANHOLE a HYDRANT PID#2103020410018 4 CATCHBASIN SIGN 0 SANITARY MANHOLE t LIGHT POLE FENCE TELE/ELEC 'o" AIASSIT CONCRETE UNDERGROUND ELECTRIC SAN. SEWER D ENOTES FOUND 4� i J2 IRON PIPE WATERMAIN + S#IDO DENOTES SETET) R /Z 25718 IRON STORM SEWER 200 E. Ch..In. S MARK LS ELECTRIC MANHOLE To BE SET Stillwater. MIN W82 as 6 TI Fax 6 .275.8976 Phone 1,275.8969 p Vino - - \-'� - ---- dim@ ILL.Ale. OL- 3A U NDERGR O UND UTILITIES NOTES: =Urvery W, net - -- ----- --- E.'GlioUND UTILITIES SHOWN HAVE BEEN LOCATED FROM -- ------------ �' �U THE LIN FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UT ILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES + ly NOT WARRANT THAT THE UNDERGROUND UTIUTE5 SHOWN ARE IN Ow LOT Lee THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE CORNERSTONE i INFORMATION AVAILABLE, THIS SURVEY HAS NOT PHYSICALLY iT S I W �.T 5ET LOCATED THE UNDERGROUND UTILITIES, ADDITIONAL UTILITIES OF LAND SURVEYING, INC WHICH WE ARE UNAWARE MAY EXIST. t 150.00 A , �'-' I '\ ------------ SURVEY coc N89*5 I -$W COR�R .4 9., 0'13 E OF LOT "- S P� AT ,00 PI-AT P� OF aoti Ant FILE "ME TMRME5.DWG SYERL OF LOT 21 A PA.CPARCEL � St BY eAekETT 1, B E CALLEF"Eymm � ur Gopher State One Call PROJECT NO. RHO9010 'T,IE 5 O DATED FEES 12. -1 SEA RID L 3 (filLrea" SUEsACE cr� LOT GE LANE DRIVE I aA CERTIFICATE OF --------- --- SURVEY IN � PS - - - - -- r- !-3 I( l 11 •• •• 4 1 r s ° " rr �° i V) 1 t E w STfLL� ° i OUI GLAiP1 � � 1 ,4 e ° °•�• ° •. ° Jf 204. �O — ^� ' v ° ° z •9 FOUND IRON PG_ t2 ON LOT LINE 954 :'W 4 � ', i O r ,_ m `f ' ° • 583 6 •�� • 1 f }: I _ - LINK FENCE 5G 589 °5( SOUTH LINE 150.00 OF LOT 23 \ .00 '— » / 89 30 / ,—FOUND SPIKE AT \, l 4.15 - -- — r „ ' — 5 ORNER / PARCEL CORNER N89.50'1 YE OF LOT 23 / — �� r\ � WESTERLY !1 CA N rvi l BASIN � � 1 1, m EXTENSION 5URFACE} 1 OF THE fig;- UMtNOUS UE , p RIV E SOUTH LIN / ` OF LOT 23 !,! RIDGE r _ CA 1 OA) turd � os��