The URL can be used to link to this page

Home My WebLink About08-05-26 • RESOLUTION NO 08 -05 -26 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING PORTIONS �COUNTYSMINNE O A S LOCATED OF ELFELT'S ADDITION, WAS WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, the City has received an application from Adam and Beth Nelson at 6216 Lookout Trail North within the City of Oak Park Heights requesting that the City Council vacate portions of Fifth Street as located within the plat of Elfelt's Addition; and, WHEREAS, Adam and Beth Nelson currently own property at 6216 Lookout Trail North within the City of Oak Park Heights, specifically described as follows, to -wit: Tax Description for 3403020330005. ELFELT'S ADD TO OAK PARK Lot -001 Block -019 LOTS 1 -3 019 EXC WLY 3 FT LOT 3 & WLY 3 FT OF S1/2 LOT 2 & ELY 10 FT OF ALLEY LYING W OF LOT 3 1/2 OF VAC ALLEY ADJ EXCEPT:ALL THAT PART OF THE EASTERLY 10 FEET OF THE VACATED 20 FOOT ALLEY LYING WEST OF LOT 1 AND LYING WEST OF THE N1/2 OF LOT 2 -ALL IN BLOCK 19 ELFELT'S ADDITION TO OAK PARK- WASHINGTON COUNTY - MINNESOTA WHICH LIES WESTERLY OF A LINE DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID VACATED 20 FOOT ALLEY WITH THE SOUTHERLY LINE OF 62ND STREET NORTH (FORMERLY KNOWN AS CHESTNUT STREET) AND RUNN- ING THENCE SOUTHERLY IN A DIRECT LINE TO THE SOUTHWESTERLY CORNER OF SAID N1/2 OF LOT 2 -BLOCK 19 AND THERE TERMINATING ELFELT'S ADDITION TO OAK PARK OAK PARK CITY Subject to and together with any other valid easements, reservations or restrictions; and, WHEREAS, the Nelson property is immediately adjacent to the current Pecan Avenue North, formerly platted as Fifth Street within Elfelt's Addition, the specific area abutting their property sought to be vacated being described as follows: All that part of platted Fifth Street, (a.k.a. Pecan Avenue North) as said Fifth Street is shown on the recorded plat of Elfelt's Addition, Washington County, Minnesota, being that part of platted Fifth Street lying southerly of a line beginning at the northwesterly • corner of Block 13, said Elfelt's Addition, and running thence Westerly and terminating at the northeasterly corner of Block 19, said Elfelt's Addition, and also being that part of • platted Fifth Street lying northerly of a line beginning at the southwesterly corner of Lot 18 of said Block 13, Elfelt's Addition, and running thence westerly and terminating at the southeasterly corner of Lot 3 of said Block 19, Elfelt's Addition, all in Washington County, Minnesota. Subject to and together with any other valid easements, reservations or restrictions; and, WHEREAS, the County of Washington is the owner of lands adjoining Fifth Street, now Pecan Avenue North, as sought to be vacated by Mr. and Mrs. Nelson, immediately adjoining the subject property on its eastern border with the Nelsons adjoining the property on its western border; and, WHEREAS, the County of Washington has agreed with Adam and Beth Nelson to cooperate with them to facilitate their acquisition of any portion of the vacated lands as would accrue to the County of Washington as a result of the City's street vacation and has further agreed to cooperate with the Nelsons so that they could acquire those portions of the Washington County parcel that adjoined the area to be vacated; and WHEREAS, Adam and Beth Nelson have agreed with the City of Oak Park Heights that if the City Council would vacate those portions of Fifth Street, now Pecan Avenue North, that they desire vacated as described above, they will commit to the City of Oak Park Heights that • they will perform the following tasks: 1. That upon completion of the vacation proceedings, Applicant's will complete all necessary recordings, surveys and other tasks necessary to complete the vacation proceeding, as required by law. 2. Applicant's agree to combine as a single parcel for all development, zoning and subdivision purposes their existing lot, the vacated street to be obtained (formerly Fifth Street and now Pecan Aadjacent ds located to east of thep street excess Washington County lands sought to be vacated as obtained from Washington County into a single indivisible parcel for all future development purposes to be regarded as a single indivisible residential lot, further waiving and releasing any and all other development rights to said combined lot with the exception of the creation and maintenance of a single - family residence thereon. 3. That the Applicant's will produce a final Certificate of Survey on the final /completed transaction parcel, consisting of their existing real estate, the vacated street to be obtained as a result of this vacation, and the acquisition of the Washington County's portion of this vacation and the excess parcel that Washington County has available adjacent to the area to be vacated and provide to the City a final and complete Certificate of Survey on the entire parcel that will be made up of those elements; and • 2 WHEREAS, the proposed vacation has been reviewed by the Department of Public Works for the City of Oak Park Heights, which has recommended the vacation for street purposes and has informed the City Council that there are no municipal water, sanitary sewer or storm sewer lines now in place within the proposed vacated area; and, WHEREAS, it is unlikely that the area now designated for public street as Fifth Street, now Pecan Avenue North, adjacent to the applicant's property will ever be utilized for purposes of locating a public road; and, WHEREAS, the Petitioner's payment of costs incurred by the City of Oak Park Heights with regard to these proceedings is sufficient for vacation thereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: 1. That the City of Oak Park Heights does hereby vacate for street purposes all that portion of Fifth Street, now Pecan Avenue North, specifically described as follows: All that part of platted Fifth Street, (a.k.a. Pecan Avenue North) as said Fifth Street is shown on the recorded plat of Elfelt's Addition, Washington County, Minnesota, being that part of platted Fifth Street lying southerly of a line beginning at the northwesterly corner of Block 13, said Elfelt's Addition, and running thence Westerly and terminating • at the northeasterly corner of Block 19, said Elfelt's Addition, and also being that part of platted Fifth Street lying northerly of a line beginning at the southwesterly corner of Lot 18 of said Block 13, Elfelt's Addition, and running thence westerly and terminating at the southeasterly corner of Lot 3 of said Block 19, Elfelt's Addition, all in Washington County, Minnesota. Subject to and together with any other valid easements, reservations or restrictions. 2. That the applicants shall provide to the City of Oak Park Heights a copy of their written commitment from Washington County to acquire the County's one -half (1/2) of the proposed vacation area and the excess Washington County lands located to the east and adjacent thereof. 3. That the Nelsons shall combine as a single tax parcel their existing lot, all portions of the vacated street that they obtain as a result of the vacation and from the conveyance from Washington County, and finally all of the adjacent excess lands of Washington County located to the east of the subject property being vacated to be combined into a single tax parcel, and thereafter execute a Development Agreement with the City of Oak Park Heights restricting all development on the entire parcel so acquired as to restrict it to a single indivisible residential lot for purposes of single - family construction. The City of Oak Park Heights shall not allow any further subdivision on the parcel nor access or development for any purpose other than for single - family residential • purposes. 3 4. That the Applicant's shall produce a final Certificate of Survey on the completed parcels after the transactions have been completed between the County of Washington and themselves, which survey shall be produced at their expense. BE IT FURTHER RESOLVED that the City Clerk shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, the identification of the vacation, the statement of the time of completion thereof, and a description of the real estate lands affected thereby. Such notice shall be presented to the County Auditor, who shall enter the same in his transfer records and note upon the instrument over his official signature, the words, "entered in the transfer records." The notice shall then be filed with the County Recorder, all as required by Minn. Stat. §412.851. Passed and adopted by the City Council for the City of Oak Park Heights this 27th day of May, 2008. i David Beaudet, Mayor A ES Eric Johnson City Administrator 4