HomeMy WebLinkAbout2021-106CITY OF LAI{E ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2021-106
A RESOLUTIONAPPROVING VA CA TING DRAINA GE AND UTILITY EASEMENTS ON
O UTLOTS G, H, AND I OF WILDFLOWER AT LAKE ELMO
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Robert Engstrom Companies, 4801 West 81" Street, #101, Bloomington,
MN (the "Owner") has submitted an application to the City of Lake Elmo ("City") on property
known as Outlots G, H, and I of Wildflower at Lake Elmo as described in Exhibit A (the
"Property); and
WHEREAS, the application is for vacating drainage and utility easements on the
Property described in Exhibit B, a copy of which is on file in the City of Lake Elmo Community
Development Department; and
WHEREAS, the easements do not terminate at or abut upon public water; and
WHEREAS, the City is authorized by Minn. Stat. § 462.358, subd. 7 to vacate drainage
and utility easements by following the procedure available for vacating city roads; and
WHEREAS, the City may vacate city roads using the procedure set out in Minn. Stat. §
412.851; and
WHEREAS, the Owner, who owns all of the property in which the easements are
located, submitted a petition requesting the vacation of the easement; and
WHEREAS, the City provided notice of and conducted a public hearing regarding the
proposed vacation on October 5th, 2021; and
WHEREAS, the City hereby finds and determines:
1) Vacating the drainage and utility easements are in the public interest; and
2) The present and potential use of the land does not provide access to public waters; and
3) The vacation would not impact conservation of natural resources and
4) The proposed Wildflower 4t1 Addition will replace the current easements with drainage
and utility easements that do not conflict with lot configurations and building placements.
Resolution 2021-106
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby vacate
the easements described in Exhibit B effective as of the date of this Resolution;
BE IT FURTHER RESOLVED, the City detennines no damages are owed for the
vacation of the easement; and
BE IT FURTHER RESOLVED, this Resolution shall constitute the notice of
completion and the City Clerk is hereby authorized and directed to file this Resolution with the
office of the County Auditor to be entered into the transfer record and then record it with the
office of the County Recorder.
Passed and duly adopted this 5a' day of October, 2021 by the City Council of the City of Lake
Elmo, Minnesota.
ayor Charles Cadenhea
ATTEST:
Ju e J hnson, it Clerk
Resolution 2021-106
Exhibit A
Outlot G, Outlot H, and Outlot I of WILDFLOWER AT LAKE ELMO 1st ADDITION,
according to the record plat thereof, Washington County, Minnesota, as delineated and dedicated
on said WILDFLOWER AT LAKE ELMO 1st ADDITION
Resolution 2021-106
Exhibit B
All drainage and utility easements lying over, under, and across Outlot G, Outlet H, and Outlot I,
WILDFLOWER AT LAKE ELMO 1st ADDITION, according to the record plat thereof,
Washington County, Minnesota, as delineated and dedicated on said WILDFLOWER AT LAKE
ELMO 1st ADDITION.
Resolution 2021-106