HomeMy WebLinkAbout2021-044STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION 2021-044
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT
B AND OUTLOT E OF LEGACY AT NORTH STAR THIRD 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 a Preliminary Plat and for the Legacy at North
Star development in Lake Elmo on February 20, 2018 through adoption of Resolution 2018-013;
and
WHEREAS, the City Council approved the Legacy at North Star Third Addition Final
Plat on April 7, 2020 through adoption of Resolution 2020-034, which includes PID#s 11-029-
21-43-0035 and PID# 11-029-21-44-0046;and
WHEREAS, PID#s 11-029-21-43-0035 and PID# 11-029-21-44-0046 are owned by
GWSA Land Development, LLC, Plymouth, MN 55441 (Owner); and
WHEREAS, the City of Lake Elmo was granted a Drainage and Utility Easement over
portions ofPID#s 11-029-21-43-0035 and PID# 11-029-21-44-0046 and these easements were
recorded with the Legacy at North Star Third Addition Plat by the Office of the Registrar of
Titles of Washington County on June 1, 2020; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the Drainage and Utility Easements recorded with the Legacy at North Star
Third Addition by the Office of the Registrar of Titles of Washington County, Minnesota over
PID# 11-029-21-43-0035 and PID# 11-029-21-44-0046, legally described as follows:
All of the drainage and utility easements, as created and dedicated over, under, and across
Outlet B and Outlot E, Legacy at North Star Third Addition, according to the plat thereof,
Washington County, Minnesota.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined the signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing to consider the
vacation of the Drainage and Utility Easements on the March 8, 2021 before the Planning
Commission 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 heard; and
WHEREAS, the City Council in its discretion has determined that the vacation of the
easements will benefit the public interest because:
1) The City has granted Final Plat Approval for Legacy at North Star Fourth Addition,
which includes PID# 11-029-21-43-0035 and PID# 11-029-21-44-0046; which will grant
the City more appropriate easements for similar purposes.
WHEREAS, the City Council, at its meeting on April 6, 2021, 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 an existing Drainage and Utility Easements is hereby granted in accordance with
the property descriptions provided above, subject to the following condition of approval:
1) New easements as requested by the City Engineer and Public Works Director shall be
recorded with the Legacy at North Star Fourth Addition Final Plat.
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 6th day of April, 2021.
Effective Date: y - % - Z
Approved:
Charles Cadenhead, Mayor
Attested by:
r4d", P :�10*1:4