HomeMy WebLinkAboutResolution 2010-001RESOLUTION NO 2010-001
A RESOL UTION VACATING A DRAINAGE AND UTILITY EASEMENT AND DEDICATING A
NEW EASEMENT BETWEEN LOTS 2 AND 3, BLOCK 1 OF CARDINAL VIEW ADDITION
YHE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Lake Elmo has received a request for a Minor Subdivision from
Terry and Karen Moody, 1535 15th Street Court North, and D & T Development, 533 Hayward
Avenue North #100, Oakdale, MN, to relocate the lot line dividing Lots 2 and 3, Block I of
Cardinal View Addition five feet to the west; and
WHEREAS, the City Administrator has approved the Minor Subdivision subject to City
Council approval of a petition to vacate the existing and rededicate a new drainage and utility
easement between these two lots; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing drainage and utility easement between Lots 2 and 3 Block 1 of
Cardinal View, described as follows:
That part of the 10.00 foot wide drainage and utility easement as shown and dedicated on
CARDINAL VIEW, according to the recorded plat thereof on file and of record in the
Office of the County Recorder, Washington County, Minnesota, being 5 feet wide on
each side of the lot line between Lot 2, Block 1 and Lot 3, Block 1, said CARDINAL
VIEW which lies northerly of the 10.00 foot wide drainage and utility easement along the
southerly line of said Lot 2 and Lot 3, Block 1, and southerly of the east and west
extension of the most northerly line of said Lot 3.
WHEREAS, an associated request has been made to the City Council to dedicate a new
drainage and utility easement along the proposed lot line between Lots 2 and 3 Block 1 of
Cardinal View, described as follows:
A 10.00 foot wide drainage and utility easement over that part of Lot 2, Block 1,
CARDINAL VIEW, according to the recorded plat thereof on file and of record in the
Office of the County Recorder, Washington County, Mirmesota, lying 5.00 feet each side
of the following described line: Beginning at the southeast comer of said Lot 2; thence
North 25 degrees 46 minutes 37 seconds West a distance of 10.38 feet to it's intersection
with a line parallel with and 5.00 feet westerly of the east line of said Lot 2; thence North
03 degrees 00 minutes 47 seconds East, along said parallel line, a distance of388.53 feet;
thence North 90 degrees 00 minutes 00 seconds East a distance of 5.01 feet to the
northwest comer of Lot 3, Block 1, said CARDINAL VIEW and said line there
terminating.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined that such signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, a public hearing to consider the vacation and rededication of the drainage
and utility easement was held on the 12th day of January 2010 before the City Council in the
Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter
after due published and posted notice had been given, as well as personal mailed notice to all
property owners within Cardinal View by the City Clerk on the 31St day of December, 2009 and
all interested and affected persons were given an opportunity to voice their concerns and be
heard; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit
the public interest because:
1) The proposed Minor Subdivision complies with all applicable zoning and subdivision
regulations.
2) The dedication of a new easement will provide the same function as the one being
vacated with no negative impact to the public.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELM O, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation of an existing and dedication of a new drainage and utility easement is hereby
granted in accordance with the property descriptions provided above.
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 12th day of January 2010.
Effective Date: '0
Approved:
Dean A. Johnston, Mayor
WEEIM
Bruce Mfesselt, C* Administrator