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HomeMy WebLinkAbout1981 Resolutions Vacating Unused Utility Easement 11/ RESOLUTION NO. y __ 7 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION ESTABLISHING PUBLIC HEARING FOR PROPOSED VACATION OF UNUSED UTILITY EASEMENT BY THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights presently has utility easement rights within the platted area known as Raymie Johnson Estates within the City of Oak Park Heights, Washington County, Minnesota; and more specifically has a utility easement over and across the following described property: A 30 foot wide utility easement under, over and across part of Lot 1, Block 1, Raymie Johnson Estates, Washington County, Minnesota, the centerline of which is described as follows: Commencing at the Southeast corner of said Lot 1; thence S 89°05'42" E (assumed bearing) 178. 34 feet along the South line of said Lot 1 to the point of beginning of the centerline of the 30 foot utility easement to be herein described; thence N 0°54 '18" W 232 feet to a point here after referred to as point "B" and there terminating. And a 20 foot utility easement under, over and across part of said Lot 1, Block 1, Raymie Johnson Estates, the centerline of which is described as follows: Commencing at above described point "B" ; thence S 73°05' 42" W 94 feet; thence N 74°54 '18" W 114 feet; thence S 15°05'42" W 85 feet and there terminating. The side lines of the above described 30 foot easement are to be shortened to terminate on the southerly line of said Lot 1 and lengthened or shortened to intersect with the side lines of the above described 20 foot easement. The side lines of the above described 20 foot easement are to be shortened or lengthened to intersect with the side lines of the above described 30 foot easement. WHEREAS, the City of Oak Park Heights does not actually utilize the above described easement for utility purposes at the present time, and it has no future plans to utilize such • easement for suchur sesand, P° ;� WHEREAS, the City of Oak Park Heights uses and shall require utility easements over and across the following described property within the platted area known as Raymie Johnson Estates within the City of Oak Park Heights, Washington County, Minnesota, being more specifically described as follows: A 30 foot wide utility easement under, over and across part of Lot 1, Block 1, Raymie Johnson Estates, Washington County, Minnesota, the centerline of which is described as follows: CommRncing at the Southeast corner of said Lot 1; thence S 89u05'42" E (assumed bearing) 178.34 feet along the South line of said Lot 1 to the point of beginning of the centerline of the 30 foot utility easement to be herein described; thence N 2°32 ' 30" W 230.21 feet to a point herein after referred to as point "A" and there terminating. And a 20 foot utility easement under, over and across part of said Lot 1, Block 1, Raymie Johnson Estates, the centerline of which is described as follows: Commencing at above described point "A" ; thence S 73°05'42" W 87.16 feet; thence N 74°54'18" W 114 feet; thence S 15° 05'42" W 85 feet and there terminating. The side lines of the above described 30 foot easement are to be shortened to terminate on the southerly line of said Lot 1 and lengthened or shortened to intersect with the side lines of the above described 20 foot easement. The side lines of the above described 20 foot easement are to be shortened or lengthened to intersect with the side lines of the above described 30 foot easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights as follows: 1. That the City Council for the City of Oak Park Heights shall hold a public hearing pursuant to Minnesota Statute 462.358, Subdivision 7, on February 23, 1981, at 7 :00 o'clock p.m. 411 at the Municipal Hall, 14168 57th Street North, Oak Park Heights, -2- 111 Minnesota, for the purpose of allowing all interested persons to be heard on a proposal to vacate easements running in favor of the City of Oak Park Heights for utility services over and across the following described real property: A 30 foot wide utility easement under, over and across part of Lot 1, Block 1, Raymie Johnson Estates, Washington County, Minnesota, the centerline of which is described as follows: Commencing at the Southeast corner of said Lot 1; thence S 89°05'42" E (assumed bearing) 178.34 feet along the South line of said Lot 1 to the point of beginning of the centerline of the 30 foot utility easement to be herein described; thence N 0°54 '18" W 232 feet to a point here after referred to as point "B" and there terminating. And a 20 foot utility easement under, over and across part of said Lot 1, Block 1, Raymie Johnson Estates, the centerline of which is described as follows: Commencing at above described point "B"; thence S 73°05'42" W 94 feet; thence N 74°54 '18" W 114 feet; thence S 15°05'42" W 85 feet and there terminating. The side lines of the above described 30 foot easement are to be shortened to terminate on the southerly line of said Lot 1 and lengthened or shortened to intersect with the side lines of the above described 20 foot easement. The side lines of the above described 20 foot easement are to be shortened or lengthened to intersect with the side lines of - the above described 30 foot easement. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to publish and post notice of said hearing as required by law. Adopted by the City Council for the City of Oak Park Heights this .24 day of January, 1981, , Dona d Mondor, Mayor ATTEST: 411 a`+LQ�w V nne Wilson, City C er -3- • 410 RESOLUTION NO. VIP/�Q/ • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING UNUSED STORM SEWER EASEMENT WITHIN RAYMIE JOHNSON ESTATES WHEREAS, the City Council for the City of Oak Park Heights on its own motion and resolution has caused public hearing to be held regarding a proposal to vacate the storm sewer easement within Raymie Johnson Estates, Oak Park Heights, Washington County, Minnesota, being legally described as follows, to-wit: A 30 foot wide utility easement under, over and across part of Lot 1, Block 1, Raymie Johnson Estates, Washington County, Minnesota, the centerline of which is described as follows: iCommencing at the Southeast corner of said Lot 1; thence S 89°05'42" E (assumed bearing) 178.34 feet along the South line of said Lot 1 to the point of beginning of the centerline of the 30 foot utility easement to be herein described; thence N 0°54 '18" W 232 feet to a point here after referred to as point"B" and there terminating. And a 20 foot utility easement under, over and across part of said Lot 1, Block 1, Raymie Johnson Estates, the center- line of which is described as follows: Commencing at above described point "B" ; thence S 7g005 '42" W 94 feet; thence N 74°54 '18" W 114 feet; thence S 15 05'42" W 85 feet and there terminating. The side lines of the above described 30 foot easement are to be shortened to terminate on the southerly line of said Lot 1 and lengthened or shortened to intersect with the side lines of the above described 20 foot easement. The side lines of the above described 20 foot easement are to be shortened or lengthened to intersect with the side lines of the above described 30 foot easement. WHEREAS, said utility easement is not currently in use by the City of Oak Park Heights for storm water or any other utility purposes and there are no future or present plans to utilize the A • • 410 said easement for any such purpose; and, 110 WHEREAS, the owners of real property within the platted area of Raymie Johnson Estates to which the City of Oak Park Heights does require an easement for utility purposes, have provided the City of Oak Park Heights with an easement over and across the following described real property: A 30 foot wide utility easement under, over and across ton part of Lot 1, Block 1, Raymie Johnson Estates, g County, Minnesota, the centerline of whichis described as follows: Commencingat the Southeast corner of said Lot 1; thence S 89°05'42" E (assumed bearing) 178.34 feet along the South line of said Lot 1 to the point of beginning of the centerline of the 30 foot utility easement to be herein described; thence N 2°32' 30" W 230.21 feet to a point herein after referred to as point"A" and there terminating, And a 20 foot utility easement under, over and across part of said Lot 1, Block 1, Raymie Johnson Estates, the center- 411 line of which is described as follows: Commencing at above described point l"A" ;14 thence S 73005'42" W 87.16 feet; thence N 74 54 '18" e S 15°05'42" W 85 feet and there terminating. The side lines of the above described 30 foot easement are to be shortened to erminated on the southerly line of said Lot 1 and lengthened or shortened to intersect with the side lines of the above described 20 foot easement. The side lines of the above described 20 foot easement are to be shortened or lengthened to intersect with the side lines of the above described 30 foot easement. WHEREAS, for the foregoing reasons it appears to be in the public interest to vacate that utility easement presently located in Raymie Johnson Estates above described; and WHEREAS, the City Council has determined that the costs incurred by the City with respect to these proceedings have been paid for by the fee owners of the property involved and ' is sufficient consideration for the vacation thereof. -2- J • . 411 NOW, THEREFORE, BE IT RESOLVED that the following utility easement existing within the platted area known as Raymie Johnson Estates, Oak Park Heights, Washington County, Minnesota, being legally described as follows: A 30 foot wide utility easement under, over and across part of Lot 1, Block 1, Raymie Johnson Estates, Washington County, Minnesota, the centerline of which is described as follows: Commencing at the Southeast corner of said Lot 1; thence S 89°05'42" E (assumed bearing) 178.34 feet along the South line of said Lot 1 to the point of beginning of the centerline of the 30 soot utility easement to be herein described; thence N 0 54 '18" W 232 feet to a point here after referred to as point "B" and there terminating. And a 20 foot utility easement under, over and across part of said Lot 1, Block 1, Raymie Johnson Estates, the center- line of which is described as follows: • Commencing at the above described point "B"; thence S 73°05'42" W 94 feet; thence N 74 54 '18" W 114 feet; thence S 15°05'42" W 85 feet and there terminating. The side lines of the above described 30 foot easement are to be shortened to terminate on the southerly line of said Lot 1 and lengthened or shortened to intersect with the side lines of the above described 20 foot easement. The side lines of the above described 20 foot easement are to be shortened or lengthened to intersect with the side lines of the above described 30 foot easement. And the same is hereby vacated. BE IT FUTHER RESOLVED that the Clerk shall prepare a notice of completion of these proceedings which shall contain the name of the City, identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and land affected thereby. Such notice shall presented to the County Auditor who shall enter same on his transfer records ' and note upon the instrument over his official signature the words "Entered in the transfer record" . The notice shall be then filed -3- • • , r with the County Recorder all as required by Section 368.01, • Subdivision 25 of the Minnesota Statutes and Section 462.358, Subdivision 7 of the Minnesota Statutes. Adopted by the City Council for the City of Oak Park Heights this ,2J Iday of Saavatory, 1981. i Dona d Mondor, Mayor ATTEST: e::::"Jrar 4$44101641441•106.0). LaVonne Wilson, City Clerk • • -4-