HomeMy WebLinkAbout2014-020RESOLUTION NO. 2014-020
A RESOLUTION VACATING A PUBLIC RIGHT OF WAY
BLOCK ONE (1) THOMPSON, PARKER AND
MOWER'S SECOND ADDITION TO STILLWATER
WHEREAS, a Petition was presented praying for the vacation of a Public Right of Way
within Block One (1) Thompson, Parker and Mower's Second Addition in the City of Stillwater,
Minnesota hereinafter described; 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 21"
day of January, 2014, 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 street be returned to the tax rolls.
WHEREAS, it appears in the public interest that the street be vacated since it is no longer
needed for public purposes and if returned to the tax rules 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:
All that Public Right of Way created by Deed dated August 5, 1882
recorded August 11, 1882 in Book 4 of Deeds page 512, lying within Lots
1 thru 12, Block One (1) of Thompson, Parker and Mower's Second
Addition to Stillwater according to the Plat thereof on file and of record in
the Office of the Register of Deeds, Washington County, Minnesota
Adopted by affirmative vote of all the members of the City Council of the City
Stillwater this 21St day of January, 2014.
CITY OF STILLWA'
Ken
T:
Diane F. Ward
Survey Fade For- CERTIFICATE ®F SURVEY Survey Made By:
Alice Colombo PARCEL DESCRIPTION SUPPLIED; Stack Land Surveying
215 North Harriet Street 7090 No. Fairy Falls Road
Stillwater, MN 55082 (Doc. No. 728137 Wash. Co. records) Stillwater, MN 55082
Lots Eight (B), Nine (9), Ten (10), Eleven }el. (651) 439 -5630
NOTES: (11) and Twelve (12), including the vacated
Bearing system is an alley between said Lots Nine (9) and Ten (10)
assumed datum, and Eight (8) in Block One (1) of Thompson,
o Indicates #13774 Parker and Mower's Second Addition to Stillwater,
iron pipe inplace. according to the plat thereof on file and of record
• Indicates iron pipe in the office of the Register of Deeds of Washington
found as noted. County, Minnesota.
"R." Ind. Record value. DESCRIPTION REPORT:
"M." Ind, meas. value.
"Deed" Ind. Deed value. A public right -of -way was created by Deed (Bk. 4, Pg. 512) in 1882,
"T" Ind. Fe. Post guard over and across portions of Lots 1 thru_12, inclusive, Blk. 1, of
stake set. Thompson, Parker, and Mower's 2nd Add. This right -of -way was re
As directed, survey work conveyed to Herbert McKusick by Deed (Bk. 82, Pg. 475) in 1917 by the
was limited to the desc. City of Stillwater. I am not aware of any formal Resolution that
outside boundary lines of "Vacates" this conditional right -of -way. Re =er this matter to an
the above desc. parcel, attorney for an opinion on the status of this right -of -way and
and that no improvements, if the public right -of -way has been extinguished. If no longer ho
or utilities were to be valid, references to the right -of -way could be deleted from 4V'd,
the record parcel description. /ql ~fie'
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I hereby certify that this survey, plan, or report was' .
prepared by. me or under my direct supervision and that
/f}% f am a duly Registered Land Surveyor on er the laws of
the S to of Min c ota.,
.. .......................:!'{..:...... ...............................
Date.. Jan. 2, 2014 Reg.No .... 13774
................................
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MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE GRAND GARAGE
324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082 -5165
TELEPHONE: (651) 439 -9464 • FACSIMILE: (651) 439 -5641
www.MAGNusoNLAwFiRm.com
DAvID T. MAGNUSON
DTMAGNusoN@MAGNusoNLAwFiRm.com
TO: Mayor and City Council
I ✓
FROM: David T. Magnuson
DATE: January 10, 2014
RE: Resolution Vacating a Street
CASI R BUTTS
cm @MAGNUSONLAWFIRM.com
ATTORNEY - CLIENT PRIVILEGED
This memo is submitted as an explanation of the Resolution Vacating a Street that is on
the agenda. An abutting owner has asked that an unused and never opened right of way be
vacated. The right of way was dedicated to the City in 1882. Later, in 1917, abutting owners
re- conveyed this right of way to the City, however, since it had been dedicated as a street, the
conveyances to the City did not release the easement. For title purposes, the street must be
vacated in order that it can be disregarded. A map is attached to this memo that depicts the
phantom street. This action is purely technical, but will help owners of the abutting land sell
without flaws in their title.
DTM/jp
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