HomeMy WebLinkAbout2019-005CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
,4 -RESOL UTION R,4 TIFYING THE CRT CO UNCILSAPPROVAL OF THE VA CA TION OF
THE DRAIM4 GE,4ND UTILITY EASEMENT 0 VER 0 UTLOT T OF THE ROYAL GOLF CLUB
AT LAKE ELMO
WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHERE, AS, the City Council approved a final plat for The Royal Golf Club at Lake
Elmo on June 6, 2017 through adoption of Resolution No. 2017-47; and
WHEREAS, a drainage and utility easement over the entirety of Outlot T of The Royal
Golf Club at Lake Elmo (the "Property") was dedicated to the City on the plat, which was duly
recorded with the County Recorder on September 29, 2017, as Document Number 4129859; and
WHEREAS, the Property has been replatted as part of The Royal Golf Club at Lake
Ehno 3rd Addition, which plat was approved by the City Council on December 4, 2018 and the
approval was ratified by the City Council by the adoption of Resolution No. 201.8-OXX; and
WHEREAS, new drainage and utility casements over the Property have been dedicated
by H.C. Golf Land, LLC, the fee owner of the Property in the final plat of The Royal Golf Club
at Lake Elmo Yd Addition; and
WHEREAS, H.C. Golf Land, LLC, the fee owner of the Property and the developer of
The Royal Golf Club at Lake Elmo Yd Addition filed a petition with the City pursuant to
Minnesota Statutes Section 412,851 to vacate the drainage and utility easement over the Property
that was dedicated to the City in The Royal Golf Club at Lake Elmo final plat due to the
dedication of new drainage and -utility casements over the Property made to the City in plat of
The Royal Golf Club at Lake Elmo 3`1 Addition; and
WHEREAS,, the City Clerk reviewed and examined the signatures on said petition to
vacate and detennined that such signatures constituted all of the owners abutting upon the
easement to be vacated; and
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a
public hearing for November 11, 2018 to consider the proposed vacation of the easement; and
WHEREAS, notice of the public hearing was posted, published in the City's official
newspaper and mailed to the owners of affected properties, all in accordance with law; and
5496280 SJS LAS 15-57
WHEREAS, the Planning Commission held the public hearing on the proposed vacation
on November 11, 2018, at which healing all interested parties were heard; and
WHEREAS, following the public heating, the Planning Commission recommended to
the City Council that the vacation of the easement as described in Exhibit A be approved because
it is in the public interest due to the fact that a replacement drainage and utility easement has
been dedicated to the City in The Royal Golf Club at Lake Elmo Yd Addition final plat; and
WHEREAS, at its meeting on December 4, 2018, the City Council approved the
vacation of the easement; and
WHEREAS, the City Council is adopting this Resolution ratifying its approval of the
vacation of the easement that occurred of December 4, 2018; and
NOW THEREFORE, BE IT RESOLVED THAT the City Council does hereby ratify
its approval of the vacation of the easement that occurred on December 4, 2018, as follows:
1. The City hereby declares that the easement legally described in Exhibit A attached
hereto to be vacated upon the recording of the final plat of The Royal Golf Club of
Lake Elmo 3rd Addition; and
2. The City Clerk or her designee is authorized and directed to prepare and present to
the Washington County Auditor a notice that the City has completed these vacation
proceedings and record with the Washington County Recorder the notice of vacation
of the easement.
Passed and duly adopted this 2d day of January, 2019 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pe ay r
549628vl SJS LA515-57
10-14,111
a,
Legal Description of the Vacated Easement
Drainage and utility easements over Outlot T as shown on the recorded plat of The Royal Golf
Club at Lake Elmo, Washington County, Minnesota.
549628vI sJS LA515-57