HomeMy WebLinkAbout2019-063STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2019-063
A RESOL UTION VACA TING DRAINAGE AND UTILITY EASEMENTS FOR THE
UNION FIRSTADDITION
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 for the Bentley Village
development (now known as Union Park) in Lake Elmo on March 19, 2019 through adoption of
Resolution 2019-XXX; and
WHEREAS, the City Council approved the Union Park First Addition Final Plat on
September 3, 2019 through adoption of Resolution 2019-062, and
WHEREAS, the development site of the Union Park Addition includes PID#s 34-029-
21-34-0006 and PID# 34-029-21-43-0003; which are owned by IMPS — Lake Elmo LLC,
Minnetonka NIN 55042 (Alan Dale - Owner); and
WHEREAS, the City of Lake Elmo was granted two drainage and utility easements
lying south of 5 1h Street North and these easements were recorded at the Office of the Registrar
of Titles of Washington County; and
WHERE AS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the two drainage and utility easements legally described as follows:
Easement Vacation Request I — West Parcel
LEGAL DESCRIPTION - VACATION OF DRANAGE AND UTILITY EASEMENT PER
DOC. NO. 407703
A 30.00 Drainage & Utility Easement lying over, under and across that part of the East Half
of the Southwest Quarter of Section 34, Township 29, Range 21, Washington County,
Minnesota, the centerline of which is described as follows:
Commencing at the southeast comer of said East Half of the Southwest Quarter of
Section 34; thence North 00 degrees 06 minutes 31 seconds East, assumed hearing
along the east line of said East Half of the Southwest Quarter, a distance of 1105.27
feet; thence northwesterly along a non -tangential curve concave to the northeast having
a central angle of 29 degrees I I minutes 27 seconds, a radius of 760.00 feet for an arc
distance of 3 7.20 feet, the chord of said curve bears North 75 degrees 34 minutes 45
seconds Nest; thence forth 60 degrees 59 minutes 01 seconds Nest, tangent to said
curve a distance of 68. 11 feet to the point of beginning of the centerline to be
described; thence South 24 degrees 47 minutes 08 seconds Nest, a distance of 109.07
feet; thence South 34 degrees 47 minutes 21 seconds hest, a distance of 52.00 feet and
said centerline there tenninatng.
The sidelines of said easement are to be prolonged shortened to term, irate at a line
bearing north 60 degrees 59 minutes 01 seconds Nest from said point of beginning.
Area: 4,832 sf or 0.11 acres
Easement Vacation Request2 — East Parcel
LEGAL, DESCRIPTION = VACATION OFDRAINAGE ND UTILITY iT PER DOC. NO.
4007703
30.00 Drainage & Utility Easement lying over, under and across that part of the West half of
the Southeast Quarter of Section 34, Township 29, range 21, Washinggton County, Minnesota,
the centerline of which is described as follows.
Commencing at the southwest corner of said West Half of the Southeast Quarter of
Section 34, thence North 00 degrees 06 minutes 31 seconds East, assumed bearing
along the west line of said. "west Half of the Southeast Quarter, a distance of 1105.27
feet; thence northeasterly along a non -tangential curve concave to the northwest
having a central angle of 39 degrees 09 minutes 56 seconds, a radius of 760.00 feet for
an arc distance of 519.51 feet, the chord of said curve beats North 70 degrees 14
minutes 34 seconds East; thence forth 50 degrees 39 minutes 36 seconds East, tangent
to said curve a distance of 284.70 feet to the point of beginning of the centerline to be
described; thence South 39 degrees 52 minutes 31 seconds East, a distance of 139.66
feet, thence South 66 degrees 39 minutes 51 seconds East, a distance of 22.00 feet and
said centerline there terminating.
The sidelines of said easement are to be prolonged shortened to terminate at a Brie bearing North
50 degrees 39 minutes 36 seconds East from said point of beginning.
Area: 4,850 sf or 0.11 acres
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined the signatures constituted all of'the landowners abutting upon the easements to be
vacated; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing to consider the
vacation of the drainage and utility easements on August 12, 2019 in the Lake Elmo City Hall
located at 3800 Laverne Avenue North after due published and posted notice had been given and
all interested and affected persons were given an opportunity to voice their concerns and be
I eard; and
WHEREAS, the City Council in its discretion has determined that the proposed vacation
of the existing drainage and utility easements will benefit the public interest because:
1) The City has granted Final Plat Approval for the Union Park First Addition, which
includes P1D#s 34-029-21-34-0006 and PID# 34-029-21-43-0003; which will grant the
City new drainage and utility easements for similar purposes.
WHEREAS, the City Council, at its meeting on September 3, 2019, considered the
easement vacation request.
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 existing drainage utility easements lying south of 5 th Street North is hereby
granted in accordance with the property descriptions provided above, subject to the following
conditions of approval:
1. The final plat of Union Park being approved by the City Council and recorded at Washington
County. The final plat must include the dedication of new drainage and utility easements.
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 lst day of October, 2019.
Effective Date:
Approved:
Mike Pearson, Mayor
Attested by:
Julie Jo son, City erk