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HomeMy WebLinkAbout2000.05.01 RESO 2000-0011f* RESOLUTION 2000- 11 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING PONDING AND FLOWAGE EASEMENTS WITHIN THE PLAT OF DEER PARK ESTATES. WHEREAS, the City of Hugo has been petitioned by the developers of the major subdivision of Deer Park Estates to vacate the ponding and flowage easements, which had previously existed within the parameters of that plat. The applicant's petition provides that the old ponding and flowage easements would be vacated, and that new, more accurately calculated drainage and utility easements would be dedicated to the City at the time of final plat approval; and, WHERAS, it appears to the City Council that the public interest would be served by vacating the old ponding and flowage easements and receiving, along with the filing of the Final Plat, newly dedicated easements. This will help clear up any title issues that may exist with the lots involved in Deer Park Estates. It will also be a trade-off so that the Council will obtain the new and more accurate drainage and utility easements as are referenced on the plat; and, WHEREAS, it appears for the foregoing reasons to be in the public interest to vacate the easements and described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AS FOLLOWS: 1. That all of the ponding and flowage easements described below be and the same are hereby vacated: See Attached Exhibit A. 2. That the City Administrator shall prepare a Notice of Completion of these proceedings, which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of real estate and land affected thereby. Such notice shall be presented to the County Auditor/Treasurer who shall enter the same in his/her transfer records and note upon the instrument over his/her official signature the words, "Entered in the transfer records.". The Notice shall then be filed with the County Recorder, all as required pursuant to Minnesota Statutes Section 412.851. voted in favor: WHEREUPON, a vote being taken upon the motion, the following members Barnes, Leroux, Stoltzman, Petryk and Haas The following voted against: NONE WHEREUPON, said motion was declared duly passed and adopted by the City Council this 1st day of May , 2000. ATTEST: MaryCreager, City "EXHIBIT A" Proposed Vacation Description Existing Ponding, and Flowage Easement Descriptions: Ponding and Flowage Easement Descriptions "B" through "J", Inclusive, as the same are described in Document Number 442914, on file and of record in the Office of the County Recorder, Washington County, Minnesota Note: The above vacation to be recorded just before the recording of the Final Plat of DEER PARK ESTATES. Descriptions Prepared BY: Stack Land Surveying P O Box 857 Stillwater, MN 55082 tel: (651) 439-5630 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly Ucensed Land Surveyor under the laws of -the State of Minnesota "6f1 �l�tayl Barrett M. Stack D.W.-3-1? — OO Lianas No. 13774 RESOLUTION 2000-11- A CITY OF HUGO WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING THE ABANDONED FRANK COURTEAU ROAD WTTHIN THE PLAT OF DEER PARK ESTATES. WHEREAS, the Developer of Deer Park Estates has requested that an abandoned road running across the Plat be vacated; and, WHEREAS, the road at issue has been abandoned for more than forty (40) years. That road was known as the Frank Courteau Road. It appears that no formal vacation proceeding ever took place when the road was abandoned some time around 1915; and, WHERAS, it appears to the City Council that the public interest would be served by vacating the abandoned Frank Courteau Road. This will help clear up any title issues that may exist with the lots involved in Deer Park Estates; and, WHEREAS, it appears for the foregoing reasons to be in the public interest to vacate the abandoned public road described herein. NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AS FOLLOWS: 1. That the abandoned Frank Courteau Road as it crossed the land contained within the major subdivision of Deer Park Estates is hereby vacated. The legal description of the area is described as follows: See Attached Exhibit A. 2. That the City Administrator shall prepare a Notice of Completion of these proceedings, which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of real estate and land affected thereby. Such notice shall be presented to the County Auditor/Treasurer who shall enter the same in his/her transfer records and note upon the instrument over his/her official signature the words, "Entered in the transfer records." The Notice shall then be filed with the County Recorder, all as required pursuant to Minnesota Statutes Section 412.851. WHEREUPON, a vote being taken upon the motion, the following members voted in favor: Barnes, Leroux, Stoltzman, Petryk and Haas The following voted against: NONE WHEREUPON, said motion was declared duly passed and adopted by the City Council this 1st day of May , 2000. ATTEST: Mary �Areager, City Clerk "EXHIBIT A" Proposed Vacation Description• Abandoned Township Road Ri t -of --Way All that part of the abandoned Township Road Right -of -Way as established in 1883+- and locally known as the "Frank Courteau Road", contained within the following described parcel of land, to wit: All that part of the North Half of the Northwest Quarter of Section 27, Township 31 Porth, Range 21 West, Washington County, Minnesota, described as follows, to wit: Commencing at the northeast corner of said North Half of the Northwest Quarter: thence South 89 degrees 10 minutes 09 seconds West, assumed bearing, along the northerly line thereof, a distance of 1155.71 feet to the point of beginning of the parcel being described; thence continuing South 89 degrees 10 minutes 09 seconds West, along said northerly line 1351.59 feet to a point 115.00 feet easterly, as measured along said northerly line, from the northwest corner of said North Half of the Northwest Quarter; thence South 33 degrees 15 minutes 27 seconds East 438.00 feet; thence South 19 degrees 42 minutes 15 seconds East 1006.90 feet to the southerly line of said North Half of the Northwest Quarter; thence North 89 degrees 14 minutes 34 seconds East, along said southerly line, 1021.34 feet to the intersection with a line which bears south 10 degrees 42 minutes 03 seconds East from the point of beginning; thence North 10 degrees 42 minutes 03 seconds West, along said line, 1343.67 feet to the point of beginning. Descriptions Prepared By: Stack Land Surveying P 0 BOX 857 Stillwater, MN 55082 tel: (651) 439-5630 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws�heStateo-fMflinnesota. �y, G Barrett M. Stack Date: 4 — ©�j License No. 13774 PBIIVTEB'S AFFIDAVIT OF PUBLICATION C"VF HUW The Hugo City Caind will hold a pubNc 1101ft an 1, 20M at:0 pM Hugo CIV Ha oon�sidw vacatiion of -the ftwapoami Ponding d Flowage Easement the 810110 Are drib through `fDocumt � mnow 442814. on file end of rsood Irl the CfAos of #w CouRecorder, Washington County. AM that part of the abandoned lownsW Road RV" -Way es 48MAshed in 1888+. and locally known as the 'Frank Courteau Roar' conWned will& the following deecrW. 1361001 of Id. to wit: All that Part of the North Half at the NM#Nmd QWAW 01.890on 27, Town ft 91: Nor Range 21 Wes, Washington CouMy, 4. Macrlbsd as follows, b wit af.seid Norlh Hall of #10 Northwest Quarter South 88 4e9resa 10 minutes 08 seoonds; WOOL asemined 1mbilmly NR#Wed. as distat 15571 ast #0 , of beginnkg, of the paras being det�, . V8oulh 80 degrees to MkM s: along +611d north" One, 1351.58 ted to a POW. 115.00 feet *amply, ae• measured akng Bald norM ft Ihns trope the, northwest Comer of said North No of the. wrss Quarte► tI 111 Soulh 35 degrws is: tee 27 seconds East 498.00 fes; thsrroe 119 degrr+es 15Noorlds ; 100580 feet b #03=1 Ams d said Nath; "Mbf the Nortlrwres Quarter; if log NOM N.1 degrees 14 minutea.34 seconds Ess. siong, Von YM as 60 whihOrly IM ch1.34 bowSou h0 d9gren. 42 minulss o9 seoonds East from the point of: begMarirrgt thence Now 10 degrees 42 nrimdes 10 No Point ofOftng said:Am. 1345:87 feet" oris Mrr io 0°"pe140t wg be hood at. Mary Am CmW. ply clerk 2000.Pub aped in the Whit Bear Pres April 12, AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper ]mown as White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, MA -07, and other applicable laws, as amended. (B) The p CITY OF HUGO PUBLIC HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each weeks;, for successive weeks, it was first published on WEDNESDAY , the 12 day of APRIL , 20-M, and was thereafter printed and published on everyto and including , the day of-, 20_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and sworn to before me on this 12 day of APRIL MATfIiCE SCHIA,:EPS ,t NOTAM( PUBLIC Mii r ta�.:'C'Cf. My Commission Exp';;er..: Notary Public, Ramsey County, Minn. My commission expires January 31, 2006 (1) Lowest classified rate paid by commercial users for comparable (2) Maximum rate allowed by law for the above matter. (3) Rate actuary charged for the above matter. i (Line, word, or inch rate) (Line, word, or inch rate) $ 6.20/INCH (Lute, word, or inch rate)