HomeMy WebLinkAboutResolution 2013-106B Vacating a Temporary Construction Easement and AgreementCITY OF LAKE ELMO
P, RESOLUTION VACATING A TEMPORARY CONSTRUCTION EASEMENT A_X*
AGREEMENT
'iwrurry-uvr,,,ur OF T-nE ciTy OF LAKE ELMO, MINNESOTA DOES HEREBY
RESOLVE
WHEREAS, the City Council previously passed Resolution No. 2013-90B noting its interest in
vacating pursuant to Minnesota Statute § 412.851 Temporary Construction Easement and
Agreement legally described as:
A temporary easement for construction purposes over, 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 West, Washington
County, ]Minnesota, except the west 50 feet thereof. Said temporary easement
lies northerly and easterly of the following described line -
Commencing at the northwest corner of said Northwest Quarter of the
Southwest Quarter, thence on. an assumed bearing of South 00 degrees 02
minutes 54 seconds Fest, along the west line of said Northwest Quarter of
the Southwest Quarter, a distance of 90.00 feet to the point of beginning of
the line to be described; thence North. 89 degrees 48 minutes 29 seconds East a
distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East a
distance of 190.69 feet; thence North 89 degrees 48 minutes 29 seconds East a
distance of 408.06 feet; thence South 00 degrees 01 minutes 17 seconds East a
distance of 349.06 feet to the south line of said north 474.06 feet of the
Northwest Quarter of the Southwest Quarter and said line there terminating;
and setting a public hearing to consider the vacation of such street; and
WHEREAS, a public hearing to consider the vacation of such street was held on the third day of
December, 2013, before the City Council in the City Hall located at 3800 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 casements 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.
Resolution 2013-106B
WHEREAS, four-fifths of all members of the City Council concur in this resolution;
NOW THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITE' OF
LAKE ELMO, COUNTY OF WASHINGTON, MINNESOTA, that such petition for
vacation is hereby ranted and the easement described as follows is hereby vacated:
A temporary easement for construction purposes over, 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 Nest, Washington
County, Minnesota, except the west 50 feet thereof. Said temporary easement
lies northerly and easterly of the following described line:
Commencing at the northwest corner of said Northwest Quarter of the
Southwest Quarter; thence on an assumed bearing of South 00 degrees 02
minutes 54 seconds West, along the west line of said Northwest Quarter of
the Southwest Quarter, a distance of 90.00 feet to the point of beginning of
the line to be described; thence North 89 degrees 48 minutes 29 seconds East a
distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East a
distance of 190.69 feet; thence North 89 degrees 48 minutes 29 seconds East a
distance of 408.06 feet; thence South 00 degrees 01 minutes 17 seconds East a
distance of 349.06 feet to the south line of said north 474.06 feet of the
Northwest Quarter of the Southwest Quarter and said line there terminating;
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 LAKE ELM® CI'T'Y COUNCIL ON THE THIRD DAY OF
DECEMBER, 2013.
EFFECTIVE BATE: - l
AYES NAYS
a
ep
ike-earson Mayor
Wally Nelson, Council Member
Anih Smith, Council Member
Resolution 2013-106B
Approved.
CITY OF LAKE ELM®
Mike Pearson
Mayor
(Seal)
ATTEST:
Adam Bell
City Cleric
Resolution 2013-106B