HomeMy WebLinkAboutResolution 2013-106A Vacating a Permanent Public Utility Easement and AgreementS J IM ':
A RESOLUTION VACATING A PERMANENT PUBLIC UTILITY EASEMENT AJW'
AGREEMENT
, ,
RESOLVETHE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY
SFOLLOWS:
WHEREAS, the City Council previously passed Resolution No. 2013-90A noting its interest in
vacating pursuant to Minnesota Statute § 412.851 a Permanent public Utility Easement and
Agreement on the subject property legally described as:
The north 474.06 feet of the Northwest Quarter of the Southwest
Quarter of Section 36, Township 29 North, Range 21 West,
according to the United States Government Survey thereof and
situated in Washington County, Minnesota;
and
WHEREAS, that said public utility easement located in the City of Lake Elmo, County
of Washington, State of Minnesota is described as follows, to -wit:
A perpetual easement for public utility purposes over, under and across the following
described property:
®ver, under and across that part of the north 474.06 feet of the Northwest
Quarter of the Southwest Quarter of Section 36, Township 29 North,
Range 21 Fest, Washington County, Minnesota, except the west 50 feet
thereof. Said perpetual easement lyes northerly and easterly of the
following described line:
and setting a public hearing to consider the vacation of such street, and
Resolution 2013-106A
WHEREAS, a public hearing to consider the vacation of such street was held. on the third day of
December, 2413, before the City Council in the City Hall located at 3840 Laverne Avenue North
at 7:00 p.m. after due published and posted notice had been given, as well as personal mailed
notice to all affected property owners by the City Clerk on the seventh day of November, 2013,
and all interested and affected persons were given an opportunity to voice their concerns and be
heard; and
WHEREAS, any person, corporation or public body owning or controlling easements contained
upon the property vacated, reserves the right to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace or otherwise; attend thereto; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit the public
interest by promoting disciplined and balanced market-driven growth; and
WHEREAS, four-fifths of all members of the City Council concur in this resolution'.
NOW THEREFORE, BE IT RESOLVED BY THE CITE' COUNCIL OF THE CITY O
LAKE ELMO, COUNTY OF WASHINGTON, MINNESOTA, that such petition for
vacation is hereby granted and the easement described as follows is hereby vacated:
A perpetual easement for public utility purposes over, under and across the following
described property:
Over, ender and across that part of the worth 474.06 feet of the Northwest
Quarter of the Southwest Quarter of Section 36, Township 29 North,
Ravage 21 West, Washington County, Minnesota, except the west 50 feet
thereof. Said perpetual easement lies northerly and easterly of the
following described line.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign
all documents necessaiy to effectuate the intent of this resolution.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF
DECEMBER, 2013.
Resolution 2013-106A
EFFECTIVE DATE:
AYES NAYS
Mike meson, Mayor
Wally Nelson, Council Member
ne Smith, Council Member
itis i Moyer, Council Member
12
'Mike Reeves, Council Member
Approved:
CITY OF LAKE ELM®
3
Mayor
(Seal)
Adam Bell
City Clerk
Resolution 2013-106A