HomeMy WebLinkAbout2019-011 (vacating public sewer easements located within the City) RESOLUTION NO. 2019-011
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING
PUBLIC SEWER EASEMENTS LOCATED
WITHIN THE CITY OF STILLWATER, MINNESOTA
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, Matthew and Michelle Harty ("Landowners") petitioned to vacate the
public sewer easements over property at 808 6th Avenue South, Stillwater, Minnesota, which are
legally described on the attached Exhibit A ("Existing Easements"); and
WHEREAS, the City of Stillwater wishes to vacate the Existing Easements in exchange
for a new public sewer easement described on the attached Exhibit B; 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 the City Council of the City of
Stillwater:
1. That the City of Stillwater, pursuant to Minn. Stat. § 412.851, hereby vacates the public
sewer easements situated in the City of Stillwater, County of Washington, State of
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 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.
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3. That the City Clerk shall prepare a notice to be presented to the Washington County
Auditor reflecting the completion of the proceedings herein.
BE IT FURTHER RESOLVED, a new sanitary sewer easement will be established and
accepted by the City as described on the attached Exhibit B.
BE IT FURTHER RESOLVED, that the vacation of the Existing Easements is
contingent upon the execution of the new sanitary sewer easement by Landowners.
Enacted by the City Council of the City of Stillwater, Minnesota this 8th day of January, 2019.
CITY OF.er WATER
Ted Kozlowski, Mayor
ATTEST:
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Beth Wolf, City Cler;
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EXHIBIT A
LEGAL DESCRIPTION OF
EASEMENTS TO BE VACATED
Easement No. 1
An easement for sewer purposes as given, granted and conveyed per Document No. 51661, Book
of Deeds No. 74 at Page 390, Office of the County Recorder, dated March 15, 1912 and recorded
April 8, 1912, more particularly described as follows:
Lot number Ten (10) of Block Number One in Churchill, Nelson and Slaughter's Addition to
Stillwater, as the same was surveyed and platted and is now of record in the office of the
Register of Deeds of said Washington County, Minnesota, the center line of proposed sewer
across said lot being part of a line described as follows: to wit: Beginning at a point in the
center line of South First Street One Hundred (100) feet north of the center line of East
Churchill Street and running thence northeasterly in a direct line to a point in the center line
of Sixth Avenue South; said point being Two Hundred and Twenty five (225) feet south of
the intersection of the center lines of Hill Street and said Sixth Avenue South.
Easement No. 2
An easement for sanitary sewer purposes as given, granted and conveyed per Document No.
217601, Book of Deeds No. 242 at Page 418, Office of the County Recorder, dated and recorded
September 12, 1961, more particularly described as follows:
Lot Eight (8) and the North Ten (10) feet of Lot Nine (9) in Block One (1) of Churchill,
Nelson and Slaughter's Addition to Stillwater, according to the plat thereof on file and of
record in the office of the Register of Deeds of Washington County, Minnesota.
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