HomeMy WebLinkAbout2023-078CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2023-078
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS INRELATION TO
THE PRAIRIE SKY FINAL PLAT (PIDS 13.029.21.21.0009 AND 13.02 9.21.21.0 017)
WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, the City has received a request from Landucci Construction, LLC, a limited
liability company (the "Applicant") to vacate the existing Drainage and Utility Easements that were
established on the Final Plat of Brookman 3rd Addition; and
WHEREAS, the land encumbered by the existing easements is on property legally
described on Exhibit A attached hereto; and
WHEREAS, the property encumbered by the Drainage and Utility Easements will be
encumbered by new Drainage and Utility Easements in association with the Prairie Sky Final Plat
reflecting current City standards; and
WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City scheduled a public
hearing for August 15, 2023, to consider the proposed vacation of the Drainage and Utility
Easements; 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 the law; and
WHEREAS, the City held the public hearing on the proposed vacations on August 15, 2023
at which hearing all interested parties were heard; and
WHEREAS, following the public hearing, the City determined that the vacation of the
Drainage and Utility Easements are in the public interest because replacement of easements will be
dedicated to the City in the Prairie Sky final plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as
follows:
1. The City hereby declares that the Drainage and Utility Easements detailed in Exhibit A are
vacated upon all of the following conditions being satisfied:
a. The recording of the plat of Prairie Sky that includes the drainage and utility
easments as required by the City;
2. Upon satisfaction of all of the above conditions, 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 Washington County Recorder the
notice of completion of the vacation proceedings.
Passed and duly adopted this 15'' day of August, 2023 by the Lake Elmo Minnesota City Council.
Charles Cadenhead, Mayor
ATTEST:
J lie ohnson, i Clerk
Resolution 2023-078
Exhibit A
Legal Description of Drainage and Utility Easements
ALL THOSE PARTICULAR DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON THE PLAT OF BROOKMAN
3RD ADDITION COUNTY, MINNESOTA TOGETHER WITH THAT DRAINAGE, UTILITY AND ROADWAY EASEMENT
AS DESCRIBED WITHIN DOCUMENT NO. 3566556 AS AMENDED BY DOCUMENT NO. 3690147 EMBRACED WITHIN
THE FOLLOWING DESCRIBED PARCEL OF LAND:
Lot 2, Block 3, BROOKMAN 3RD ADDITION, according to the plat on file and of record in the office of the County Recorder,
Washington County, Minnesota, lying Easterly of the following described line: Commencing at the Northwest comer of said Lot 2;
thence North 89 degrees 21 minutes 23 seconds East, assumed bearing, along the North line of said Lot 2, 264.71 feet to the point of
beginning of said line; thence South 11 degrees 13 minutes 30 seconds West, 328.54 feet to the South line of said Lot 2 and said line
there terminating, Washington County, Minnesota.