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Home My WebLink About2018-10-19 WC Recorded Document 1256110 - Vacation Completion 0PSC WV Receipt:#412396 1256110 VAC Traferred CRV Not Requiredd $46 00 II I III II I N I II I III II Return to: Certified Filed and/or recorded on: E-SIMPLIFILE 4844 North 300 West 10/19/2018 8.55 AM Suite zoz 1256110 Provo UT 84604 Certificate#: 73516 Office of the Registrar of Titles Washington County,Minnesota Jennifer We genius,Registrar of Titles Kevin Corbid,Auditor Treasurer STATE OF MINNESOTA ) COUNTY OF Wathivt n ) ss CITY OF Oo -Part-H-C 6kt ) I, the undersigned, being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing: NOTICE OF COMPLETION OF VACATION PROCEEDING with the original thereof on file in my office, and that the same is a full, true and complete copy of the City Council of said City WITNESS my hand and the seal of said City this (V" day of (Tcfiobeh , 2018. tity, In _r x C erk (SEAL) 4,Y NOTICE OF COMPLETION OF VACATION PROCEEDING TO: AUDITOR-TREASURER,WASHINGTON COUNTY,MINNESOTA PLEASE TAKE NOTICE,that the City of Oak Park Heights has completed proceedings for the vacation of the following described easement in the City of Oak Park Heights,Washington County,Minnesota: That all conditions precedent noted in Resolution 18-04-16 having been fully satisfied,the undersigned as the City Administrator does hereby certify that the vacation specified within Resolution 18-04-16 is complete and approved by the City.And pursuant to the terms of Resolution 18-04-16 that portion of the Drainage and Utility Easement specified therein has been fully vacated and returned to the adjoining property owner as required by law. Said proceeding was completed on the 17 day of October,2018. The only lands affected thereby are the lands identified in Resolution 08-04-16 a true and correct copy being appended hereto Dated this 17 day of October,2018. CITY . 0 'ARK I IGHTS rico :o Its City s. 'nistrator ATTACHMENT RESOLUTION 18-04-16 • RESOLUTION No, 18-04-16 CITY OF OAK PARK HEIGHTS A RESOLUTION VACATING CERTAIN CITY UTILITY EASEMENT AND CREATION OF REPLACEMENT EASEMENTS AT THE OAK PARK SENIOR LIVING DEVELOPMENT. Whereas the City, Developer Tim Nolde and/or Green Twig Villas LLLP the "Owner" of lands hereby further identified by County P1N# 0502920110148 and generally known as Oak Park Senior Living have agreements outlining the location and maintenance of both public and private utilities; and, Whereas the Developer and Owner have sought amendments to the site and utility plans to accommodate site alterations and which were duly approved by the City for certain phases of development;and, Whereas a public storm water line conflict has been identified adjacent(east)to the multi-dwelling building located at 13865 Upper 58th Street with such public storm water easement overlapping and encroaching into such facility; and, Whereas the City, Developer and Owner understood that such easement would require re-alignment with the construction of such building and that also required the alteration of the physical location of such storm water line; and, Whereas the Developer and Owner have now duly petitioned the City to vacate such storm water easement and do desire to provide responsible alternative to ensure adequate access to the City for its maintenance and continued operation of such storm water line so located in such easement;and, Whereas the Exhibit A to this Resolution demonstrate the location of the easement to be vacated and the proposed easement to be established;and, Whereas the Planning Commission did hold a public hearing on the proposed vacation on April 12th, 2018 and found in favor of such vacation and re-establishment. NOW THEREFORE be it resolved that the City Council for the City of Oak Park Heights does approve the following: 1. That upon the re-establishment and conveyance to the City of a new easement approved by the city engineer for the City's storm water systems the City vacates the easement below described being: That part of the 30-foot-wide Drainage and Utility Easement that was created by OAKGREEN VILLAGE,according to the plat thereof on file and of record in the office of the Registrar of Titles,Washington County,Minnesota. The Drainage and Utility Easement runs in a generally north and south direction over Oudot D,between Blocks 14 and 15,Blocks 11 and 12,Blocks 8 and 9,and Blocks S and 6. The portion of the Drainage and Utility Easement to be vacated is the portion that lies within the newly platted Lot 1,Block 3,OAK PARK SENIOR LIVING,according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County. 2. That prior to any vacation of the above described easement, the Owner and Developer shall provide a waiver of impact that indemnifies, holds-harmless and waives any and all damage or repair claims to the City that may result from the existence of such easement and location of such storm water line and/or any City maintenance or replacement work. Upon the satisfactory completion of these two provisions the utility easement vacation is approved and the City Administrator is authorized to issue and record a Notice of Completion of Vacation Proceedings as provided by Minnesota Statutes 412.851. App v d bi the City Council this 24th day of April,2018 - A A' .96 -rid) 0 / M, or 'ary McComber Attest: Eric Johnson,City Administrator { Exhibit A to City Resolution UTILITY EA SEMEN T SKETCH i ,...1,..50"657Z'W 1 Fri v �f ••-• ` `•, 'f4----t- v.71 1,:! . 'r if , 1t env .SASE i ;f:a: al "5',.:,-;:,-,i: t '4 j h _ iT lA ' ' • 1JJgts6f6 ; �s�?drtt Ir �N ' JIV 1.18.1024.51' » 9419;1r 323,5 _ .--,..-4; .9.'i i1S ' / Ea -'.'--_- .t._ + .a#.4.W0 �I memWA il� IMAM SO Mite IS ``- ! 3 t Lor 1 i t � rBLOCK 3 at< 1 yt � ry= A/ �f „ Av. 1�, 1 a` S ,.$_ � '.` . OLIT T PAR _ % r _ to C OA1� `' / V au...L%: 1.; \ II •Ti i� •��-.�• 4.1.r.•.•>.:1+ .. aiktrF rz., i:Liir.' • S� i ETc PAWN)/ 1/1'�/1$ :, T Folz Freensan Surveying LLC LAND PLANNING and SURVEYING Ft-s 1 AK }l.MOH,LflNEETOLNaO52. �., (bill43mi) wix.Fs Vacate Utility Easement—Legal Description That part of the 30-foot-wide Drainage and Utility Easement that was created by OAKGREEN VILLAGE, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County; Minnesota. The Drainage and Utility Easement runs in a generally north and south direction over Outlot D.between Blocks 14 and 15.Blocks 11 and 12, Blocks 8 and 9.and Blocks 5 and 6. The portion of the Drainage and Utility Easement to be vacated is the portion that lies within the newly platted Lot 1, Block 3; OAK PARK SENIOR LIVING, according to the plat thereof on file and of record in the office of the Registrar of Titles,Washington County. New Utility Easement—Legal Description That part of Outlet C and Lot 1,Block 3,OAK PARK SENIOR LIVING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota described as follows: Commencing at the northeast corner of said Lot 1, Block 3; thence North 89 degrees 14 minutes 53 seconds West, bearings oriented to said plat of OAK PARK SENIOR LIVING, along the north line of said Lot 1, a distance of 69.64 feet to the actual point of beginning of the parcel to be described; thence continuing North 89 degrees 14 minutes 53 seconds West along said north line, a distance of 111.89 feet; thence South 00 degrees 19 minutes 10 seconds \Vest, a distance of 12.23 feet; thence South 89 degrees 19 minutes 24 seconds East, a distance of 81.67 feet; thence South 00 degrees 15 minutes 39 seconds \Vest, a distance of 84.27 feet to the south line of said Lot 1, Block 3; thence South 59 degrees 28 minutes 57 seconds East; along said south line, a distance of 12.09 feet to the westerly most corner of said Outlet C;thence South 10 degrees 47 minutes 08 seconds East, along the westerly line of said Outlet C, a distance of 14.23 feet to the southwest corner of said Outlot C; thence South 89 degrees 28 minutes 57 seconds East_ along the south line of said Outlet C, a distance of 15.42 feet; thence North 00 degrees 15 minutes 39 seconds East a distance of 110.23 feet to the point of beginning.