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HomeMy WebLinkAbout18-04-16 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 PIN# 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: I. 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: Thoi parr of the 30-foot-wide Drainage and Lvihr1 Easement that was created bY 0AKGRk/vl' 1711,:f G1i,according to the plat thereof on file and afrecor�l m the nfree ofthe Registrar of Titles. 6;'aslrinotrnr County,Ifinnesota. llic Di-a ur,e and l'tilitt Easement rains in a generally north and suwh dnvran over Outlot 1),between plucks 14 avec!15, l3locks 11 and 12,Blocks S and 9,and Blocks J and G. 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 LfVING,according to the plat thereof on file and ofrecord in the office of the Registrar of Titles. Washinglon 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. Appy v d by the City Council this 24`b day of April,2018 Mayor . ary McComber Attest: Eric.Tohnson, City Administrator I Exhibit A to City Resolution UTILITY EASEMENT SKETCH 42 LM VACATE 2. t: k' Y 'v 89..kw' W W I-————————— Z07- -33 �7 50101 tip. OAKPA PA 0�9ZOT Folz Frearuan Slurveying LLC LANDPLANNINC and SURVEYING "'145 i5TH STREET NORTH AA ELMO.MINNESOTA SS&Z i6i11 439a33—JT&vrkm 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 Df the Registrar of Tides, Washington County, Mmne3ota. The Drainage and Utility Easement runs in a generally north and south direction over Outlot D.between Blocks 14 and 15:Blocks I I 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 LrvTqG,according to the plat thereof on file and of record in the office of the Registrar of Tides,Washington County. New Utibih-Easement—Legal Description That part of Oudot C and Lot 1,Block 3,OAK PARK SENIOR LNT�G,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 comer of said Lot 1,Block 3:thence'North 89 degrees 14 minutes 53 seconds West bearings oriented to said plat of OAK PARK SENIOR LIANG,along the north fine 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 533 seconds West,along said north line,a distance of 111.89 feet;thence South 00 degrees 19 minutes 10 seconds West,a distance of 12.23 feet thence South 89 degrees 19 minutes.14 seconds East a distance of 81.67 feet;thence South 00 degrees 15 minutes 39 seconds West a distance of 54,27 feet to the south line of said Lot 1. Block 3:thence South 99 degrees 28 minutes 57 seconds East.along said south fine,a distance of 12.09 feet to the westerly most corner of said Outlot C;thence South 10 dezreca» minutes 08 seconds East along the westerly line of said Oudot C,a distance of 14.213 feet to the southwest come:of said Oullot C:thence South 89 degrees 28 minutes 57 seconds Put along the south tine of,aid Outlot C,,distance of 15.42 feet,thence North 00 degrees 15 minutes 39 seconds East a distance of 11 C,_",fee-,z-3 the point of beginning.