HomeMy WebLinkAboutResolution 2005-058C3 x
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CITY OF LAKE ELMO
RESOLUTION NO 2005-058
A RESOLUTION RESCINDING RESOLUTION NO. 2004-107 AND RELATING TO THE
VACATION PORTIONS 55TH STREET NORTH VARIOUS PLATTED
DRAINAGE f
WHEREAS, by document dated April 20, 2005, the City of Lake Elmo received a
request from property owners who reside adjacent to 551h Street North to vacate a certain
portion of 55th Street North and certain drainage and utility easements located on platted
Lots 3 trough 9, Block 4, Carriage Station; and
WHEREAI��he request was considered by the Lake Elmo City Council at a public
hearing on the 2-1 day of -� A.,-, � e- r , 2005; and
WHEREAS, at the public hearing, the City Council received the oral /written report of
the City's consulting engineer which recommended that the City obtain various drainage
and utility easements which would replace those to be vacated and a trail way easement
concurrent with any vacation of 55th Street North; and
WHEREAS, at the conclusion of the public hearing, the Lake Elmo City Council
determined that it was in the public's interest to vacate certain portions of 55t" Street North
and certain platted drainage and utility easements subject to various conditions.
BE IT RESOLVED that the bake Elmo City Council hereby vacates the following
portion of 5511 Street North:
Beginning at the northwest corner of the southwest one quarter
of Section 5, Township 29 North, Range 20 West; thence
North 89 degrees 34 minutes 51 seconds East along the north
line of said southwest one quarter a distance of 918.44 feet;
thence South 00 degrees 44 minutes 54 seconds East a
distance of 66 feet to the north line of Lot 3, Block 4, Carriage
Station; thence South 89 degrees 34 minutes 51 seconds
West, a distance of 918.44 feet to the west line of said Section
6; thence North 00 degrees 44 minutes 54 seconds west a
distance of 66 feet to the point of beginning and there
terminating, except the west 140.92 feet thereof.
BE IT FURTHER RESOLVED, that the platted drainage and utility easements over
the north ten (10) feet, except the east and west five (5) feet thereof of each of Lots 4
through 9, Block 4, Carriage Station; and that the platted drainage and utility easement
over the north ten (10) feet of the west forty -five (45) feet of Lot 3, Block 4, Carriage
Station, except the west five (5) feet thereof, is hereby vacated,
BE IT FURTHER RESOLVED, that the above described vacations are subject to the
following conditions:
1. The owners of Lots 3 through 9, Block 4, Carriage Station shall convey
drainage, utility and trail way easements to the City of Lake Elmo, as
described on the report of the City Engineer dated May 11, 2005 and
retained on file with the City of Lake Elmo (the "Engineer's Report ").
2. The owners of Lots 3 through 5, Block 4, Carriage Station shall convey, by
quit claim to Carol Palmquist Eilers, the north 33 feet of vacated 56h Street
North accruing to such parcels by reason of said vacation, as described in the
Engineer's Report, subject to easements, restrictions and covenants of record.
3. The owners of Lots 7 through 9, Block 4, Carriage Station shall convey, by
quit claim deed, to Walter H. Longacre and Jane K. Longacre, the north
thirty -three (33) feet of vacated 55" Street, accruing to such parcels by
reason of said vacation, as described in the Engineer's Report, subject to
easements, restrictions and covenants of record.
4. The owners of Lot 6, Block 4, Carriage Station shall convey, by quit claim
deed, to Carol Palmquist Eilers, a portion of the north thirty -three (33) feet of
vacated 55th Street North, accruing to such parcel by reason of said vacation;
and by quit claim deed to Walter H. Longacre and Jane K. Longacre, a
portion of the north thirty -three (33) feet of vacated 55th Street North,
accruing to such parcel by reason of said vacation, both as described in the
Engineer's Report, subject to easements, restrictions and covenants of record
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BE IT FURTHER RESOLVED, that Resolution No. 2004 -107, which has not been
recorded because of conditions of approval were amended hereby, be and is hereby
rescinded.
CITY OF LAKE ELMO
By: �M
Dean A. Johnston
FAusers \Janice\Je" \LR55th Street - Resolution.doc
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Its: Mayor