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HomeMy WebLinkAbout2019-143 (Vacating a Public Drainage Easement located within the City) RESOLUTION NO. 2019-143 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT LOCATED WITHIN THE CITY OF STILLWATER,MINNESOTA WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the 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, Mark and Marlene Pavlick ("Landowners") petitioned to vacate the public drainage easement over property at 8483 Marylane Avenue North, Stillwater, Minnesota,which is legally described on the attached Exhibit A; 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 at the City of Stillwater, 216 Fourth Street North, 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 drainage easement 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. 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. 1 Adopted by the City Council of the City of Stillwater this 3rd day of December, 2019. Ted Kozlowski, Mayor ATTEST: a Beth Wolf, City Cler 2 EXHIBIT A LEGAL DESCRIPTION OF PUBLIC DRAINAGE EASEMENT TO BE VACATED That part of the drainage easement dedicated within the recorded plat of RIVARD ADDITION, Washington County, Minnesota, lying 10 feet on either side of a centerline described as follows: Commencing at the southeast corner of Lot 1, Block 1 said RIVARD ADDITION; thence north 130.0 feet along the east property line to the point of beginning of said centerline line to be described;thence South 85 degrees 37 minutes 31 seconds West, a distance of 270.04 feet,more or less, to a point located on the west property line located 100.0 feet north of the southwest corner of said Lot 1 and there terminating. Except those parts lying within the West 10 feet and the East 10 feet of said Lot 1. A-1