HomeMy WebLinkAboutRes 2016-73 Easement Vacation Village Preserve STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2016-73
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS OVER OUTLOTS C, G,
&H, VILLAGE PRESERVE
THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Lake Elmo approved the final plat of Village Preserve on May
5,2015 with blanket drainage and utility easements over Outlots C, G and H; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing drainage and utility easements on Outlots C, G and H, Village
Preserve; and
WHEREAS, the City of Lake Elmo had received a request for the Final Plat of Village
Preserve 2nd Addition from GWSA Land Development, LLC, 10850 Old County Road 15, Suite
#200, Plymouth, MN 55441,replatting Outlots C, G and H, Village Preserve into a residential
development; and
WHEREAS, the City Council approved the Final Plat of Village Preserve 2nd Addition
on April 19, 2016 with new drainage and utility easements as required of the development; and
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
WHEREAS, a public hearing to consider the vacation of the drainage and utility
easement was held on the August 22, 2016 at 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 Outlots C, G and H, Village Preserve by the City Clerk on the 8th day of August,
2016 and all interested and affected persons were given an opportunity to voice their concerns
and be heard; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit
the public interest because:
1) The proposed replat of Outlots C, G and H, Village Preserve into Village Preserve 2nd
Addition complies with all applicable zoning and subdivision regulations.
2) The dedication of a new easement will be provided with the recording of Village Preserve
2nd Addition to provide the same function as the one being vacated with no negative
impact to the public.
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 drainage and utility 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 9th day of September, 2016.
Effective Date:
Approved:
Mike Pearson, Mayor
Attested by:
Julie Johnson, City Clerk