HomeMy WebLinkAboutResolution 2011-042RESOLUTION NO 2011-042
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
A )ZESOL UT ION DENYING IIA CA TION 0,F'A PLATTED RIGHT -OF -WA Y AND DEDICATION
OF NEW EASEMENT SOUTH OF L OT 9, BLOCK 2 OF THE MYRON ON ELLMA N
SUBDIVISION
THE 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 Right-of-Way Vacation
from Alan and Ralea Kupferschmidt, 2769 Legion Avenue North, to remove the existing road
right-of-way and to replace it with an easement to the City; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing road right-of-way south of Lot 9, Block 2 of the Myron Ellman
Subdivision, described as follows:
That pail of Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB-
DIVISION, Washington County, Minnesota which lies easterly of the southerly extension
of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB-DIVISION,
WUEIZEAS, an associated request has been made to the City Council to dedicate a new
drainage and utility easement in replacement of the proposed right-of-way dedication, described
as follows:
An easement for drainage and utility purposes over, under and across that part of vacated
Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB-DIVISION,
Washington County, Minnesota which lies easterly of the southerly extension of the west
line of Lot 9, Block 2, said MYRON ELLMAN SUB-DIVISION.
WHEREAS, an associated request has been made to the City Council to dedicate a new
access easement in replacement of the proposed right-of-way dedication, described as follows-,
An easement for access purposes over and across that part of vacated Twelfth Street as
dedicated on the plat of MYRON ELLMAN SUB-DIVISION, Washington County,
Minnesota which lies easterly of the southerly extension of the west line of Lot 9, Block
2, said MYRON ELLMAN SUB-DIVISION.
WHEREAS, the City Planner reviewed and examined the signatures on. said request and
determined that such signatures constituted the majority 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 and access easement was held on the 4th day of October 2011 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 Myron Ellman Subdivision by the City Planner on
the 22nd September, 2011 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 not
benefit the public interest because:
1) The proposed vacation would limit the potential future uses for City.
2) The property proposed for vacation is the only dedicated access to a land-locked piece of
property owned by the City.
3) The City Engineers have expressed concern regarding the potential impact of a reduced
or eliminated setback to the City infrastructure located in that area.
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 right-of-way and dedication of a new drainage and utility easement
and access easement is hereby denied 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 4th day of October 2011.
Attest:
(Sharon Lumby, City Clerk)