HomeMy WebLinkAboutRESOLUTION 2017-069A- OL UTI N VACATING A PUBLIC ROADWAYAND UTILITYEASEMENT
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 a Preliminary Plat formerly known as Lermar
Diedrich Townhouses (PID 36.029.21.32.0002 and 36.029.21.32.0034) on July 7, 2015; and
WHEREAS, PID# 36.029.21.32.0002 is owned by Tammy Diedrich and Gerhard
Rieder, 7401 Wyndham Way, Woodbury,' 55125 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Public Roadway and Utility Easement
over a portion of the PID# 36.029.21.32.0002, and this easement was recorded by the Office of
the Registrar of Titles of Washington County on November 4, 2013 as Document Number
39701798;and
WHEREAS, the City has received an application for Final Plat approval for PID#s
36.029.21.32.0002 and 36.029.21.32.0034; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Public Roadway and Utility Easement recorded on November 4, 2013
over a portion of PlD# X029.21.32,0002, legally described as follows,
667.00 feet and a central angle of 37 degrees 51 minutes 38 seconds; thence South 52 degrees 19
minutes 56 seconds East tangent to said curve, a distance of 51.70 feet; thence southeasterly a
distance of 173.84 feet a long a tangential curve, concave to the northeast, having.a radius of
667.00 feet and a central angle of 14 degrees 55 minutes 58 seconds, to the east line of said
Northwest Quarter of the Southwest Quarter there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate on said cast
line of the Northwest Quarter of the Southwest Quarter.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
detertnined that such sii" s constituted all of the landowners abuttina unon the nortion of
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feet of the Public Roadway and Utility Easement by the City Clerk on the 2 day of April 2017
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 Applicant, upon receiving Final Plat approval, will construct the northern portion of
5"' Street along PlD#s 36.029.21 .32.0002 and 36.029.2132.0034.
WHEREAS, the Council, at its meeting on the 5ffi day of July 2017, considered the
recommendation of the Planning Commission.
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1) Final Plat of the Property over which the easement is subject must be approved by
Council and recorded.
BE IT FURIHER RESOLVED, that the N�r and City Clerk am hereby authonized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 5th day of July 2017.
Effective Date:
Approved:
Pearson, ayor