HomeMy WebLinkAboutRes 2016- Auto Owners Easement Vacation (2) STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2016-
A RESOLUTION VACATING A WATER MAIN EASEMENT OVER A PORTION OF LOT I
BLOCK I OF EAGLE POINT B USINESS PARK 8TH ADDITION
WHEREAS,the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council approved the Preliminary and Final PUD Plans for the
Auto Owners Insurance Building located in Eagle Point Business Park as Lot 1, Block I HOA
3rd Addition(Lot) on August 18, 2015; and
WHEREAS, the Lot is owned by Auto Owners Insurance Company, 6101 Anacapri
Boulevard, Lansing, MI 48917 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Water Main Easement over a portion
of the Lot, and this easement was recorded by the Office of the Registrar of Titles of Washington
County on December 23, 2015; and
WHEREAS, the City requested an amendment to the originally proposed locations of
fire hydrants on the Lot; and
WHEREAS, consequentially an amendment to the originally proposed location of the
Water Main Easement was required and was recorded by the Office of the Registrar of Titles of
Washington County on April 19, 2016; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Water Main Easement recorded on December 23, 2015 over a portion of
Lot 1 Block 1 of Eagle Point Business Park 81h Addition legally described as follows:
An easement over, under and across that part of Lot 1, Block 1, HOA 3rd ADDITION,
according to the recorded plat thereof, Washington County, Minnesota, described as
commencing at the southwest corner of said Lot 1; thence on an assumed bearing of
North, along the westerly line of said Lot 1, a distance of 219.13 feet; thence on a bearing
of East 9.50 feet to the point of beginning of the easement to be described; thence on a
bearing of North 43.50 feet; thence on a bearing of East 177.06 feet; thence on a bearing
of North 25.50 feet; thence on a bearing of East 23.80 feet; thence North 45 degrees 00
minutes 00 seconds East 60.10 feet; thence North 22 degrees 30 minutes 00 seconds East
43.50 feet; thence on a bearing of North 142.26 feet; thence on a bearing of East 30.00
feet; thence on a bearing of South 89.44 feet; thence South 72 degrees 18 minutes 14
seconds East 20.02 feet to the easterly line of said Lot 1; thence southwesterly 70.48 feet,
along said easterly line of Lot 1, along a curve concave to the southeast not tangential
with the last described line, to a point of tangency; thence South 16 degrees 02 minutes
57 seconds West, tangent to said curve, along said easterly line of Lot 1, a distance of
27.53 feet to a point of curvature; thence southwesterly 25.37 feet along said easterly line
of Lot 1, along a tangential curve concave to the northwest to a point of reverse
curvature; thence southwesterly 58.80 feet, along said easterly line of Lot 1, along a
reverse curve; thence South 45 degrees 00 minutes 00 seconds West 57.49 feet; thence on
a bearing of South 41.77 feet; thence on a bearing of East 48.00 feet; thence North 65
degrees 00 minutes 00 seconds East 17.31 feet to said easterly line of Lot 1; thence
southeasterly 39.00 feet, along said easterly line of Lot 1, along a curve concave to the
northeast not tangential with the last described line, to an easterly corner of said Lot 1;
thence South 1 degree 23 minutes 22 seconds East, along said easterly line of Lot 1, a
distance of 3.93; thence South 65 degrees 00 minutes 00 seconds West 50.04 feet; thence
on a bearing of West 84.66 feet; thence on a bearing of North 78.06 feet; thence on a
bearing of West 121.49 feet; thence on a bearing of South 13.50 feet; thence on a bearing
of West 30.00 feet to the point of beginning.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined that such signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, a public hearing to consider the vacation of the Water Main Easement was
held on the 131h day of June 2016 before the Planning Commission in the Lake Elmo City Hall
located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and
posted notice had been given, as well as personal mailed notice to all property owners within 350
feet of the Lot by the City Clerk on the 25th day of May 2016 and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, the Planning Commission in its discretion has determined that the vacation
will benefit the public interest because:
1) The new Water Main Easement will serve requested hydrant locations.
WHEREAS, the Council, at its meeting on the 5th day of July 2016, considered the
recommendation of the Planning Commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of an existing Water Main Easement is hereby granted in accordance with the
property descriptions provided above.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 5th day of July 2016.
Effective Date:
Approved:
Mike Pearson, Mayor
Attested by:
Julie Johnson, City Clerk