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Home My WebLink About2012-07-18 PACKET 06.A.COUNCIL ACTION REQUEST: 1. Hold the public hearing on the vacation and discontinuance of certain easements located on property at 6120 Ideal Avenue South. 2. Consider approving the vacation and discontinuance of certain easements at 6120 Ideal Avenue South. STAFF RECOMMENDATION 1. Hold the public hearing. 2. Adopt the resolution that approves the vacation and discontinuance of certain easements on property located at 6120 Ideal Avenue South. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 7/5/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Document No. 3187506 (Quit Claim Deed) Notice of Completion of Vacation ADMINISTRATOR'S COMMENTS a 'Ci y Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: July 5, 2012 RE: Public Hearing: Vacate and Discontinue Easements at 6120 Ideal Avenue f Introduction The City Council will hold a public hearing on July 18, 2012 to vacate and discontinue certain easements located on property at 6120 Ideal Avenue South. The easements vary between five and ten feet in width and are located along the perimeter boundary lines of this property. The Pinecliff 5th Addition subdivision will dedicate new utility and drainage easements in this same area. Discussion These easements proposed to be vacated and discontinued were created in 2001 when the property owner subdivided their property into 17.5 and 2.5 -acre parcels, and the quit claim deed was recorded at the Office of the Washington County Recorder on October 17, 2001 (Document No. 3187506). A copy of this recorded document is attached. Lennar Homes purchased the 17.5 -acre parcel to develop the single - family residential project known Pinecliff 5th Addition. The City approved the final plat on May 16, 2012. The easements proposed to be vacated and discontinued are shown below: Easements Described in Document No. 3187506 Proposed to be Vacated and Discontinued 17 0 60 eet �� ■ 0 .` E E Cl) 2 60 eet 6166 U) V e 6167 _ 6120 W � y �r 6185 °� W e G a, Quo Z 62n LEGEND e Five Foot Wde Z Easement NNIUM Ten Foot Wide 6240 ^" e Easement 6255 s Honorable Mayor, City Council, and Ryan Schroeder Vacating Easements July 5, 2012 Page 2 of 2 - • I °I 11 - I - • I Hold the scheduled public hearing to vacate and discontinue certain easements that are described in the Washington County Recorded Document No. 3187506; and 2. Adopt the attached draft resolution approving the vacation and discontinuance of the easements legally described in Document No. 3187506. A four - fifths vote by the City Council is required by Minnesota Statutes. This proposed resolution also declares vacating these easements to be in the best interest of the public and the City of Cottage Grove. It authorizes the Mayor and City Clerk to sign all documents necessary to effectuate the intent of this resolution and authorizes the City Clerk to prepare a Notice of Completion of this vacation proceeding in accordance with Minnesota Statutes Section 412.851 to be presented to the proper Washington County officers. Attachments: Draft Resolution Recorded Document No. 3187506 Notice of Completion to Vacate and Discontinue Hb Form No WNt— DUrrCLAWDEEn ! b.n.+mvA.tro Cacaaaa.. transferen[ered: Cenificattof Real Estate Value f ) filed- (k) not required_ Certificat of Rea( Estate Value No e�okz l6, a� Date MoIIv F. O'Rotake, Auditor 'Deastarr County Auditor Deputy \tinneaoa Uuirorm Cnmcy mug a6nl¢ [UI5.771. 3187506 I�il��fll��l�!�flll�fl�ll�.11f ottTce of the County Recorder Washington County, MN C.mlkd Algid tad /ofMded 2001110111 12:38:00 PM 3187506 DEED TAX DUE' Date: _ — �c��'�?"' ��'� �rocrved roc ramnlmR d,ni FOR VALUABLE CONSIDERATION. DonaidS.ialuc BhaandBonniC- .Bi UCba_ —akd_W t k . Gmntor(s). hereby WVg*)R j quitclaim(s) p4foecucinonCpurposcs _to.the_Cit)! ot_CottagCLGrov .Grantee. a_municipaLcorporatio under thelawsof theStatcoCMinneso real property in Washingto County. Minnesota. described-as follows: SEE ATTACHED EXHtBIT'A.7 The dedications referred to herein have been joined in by the Contra Purchaser. see attached Exhibit *B Jtrzi.� CQnSttW�L"fiC/L .�j7 1 `f'5�. 1 .� 6 �.CS`�•r�Y Q't �"fC1.a5 �YOtS together with all hered(taments and appurtenances_ Check box if applicable: _ The Seller certifies that thesellerdoes not kaow on thedescribed real property- {(r wetrdisclosurecertificate accompanies this document. am familiar with the property described in this instrument and L certify that the status and number of wells on the described teal property have notchanged since the last previously feted well disclosure ccviGpta EXEMPT FROM DEED TAX: WASHINGTON COUNTY \ftix Decd rac.Stamp here STATE OF tai SOTA_ COUNTY OF W3ASffiLYGTO This instrumentwasacknowledged before meo by D. onard &rat rFa and A oltni r e jajytha t _pt($ �O[ AIWLSTAMlORSGL�OROTIIO (,RCLp0.R.l A'1 F.,Ip.SEPHTA W FA[ri PuDNC • 6QYESOT& AAr CmAL Fiaa ®xti F , mAs •no..r.r va..r ....«tw.wu....nc ou .nonL. -. F_rosephTaylor. P.A.. 7064 W- Pt_ Douglas Rd__ Suite 203 Cottage Grove. MN 55016 ,V- Do BulutRa tiaorucRLBulucha �Iri.ASC OFt+O1MTN6 ORQR � RAL CMstclkre ifpareorau aCtlreL,nd is Regis[etr3CCoerens) Q T — Sut.== far tte,.I roperty de bm diatt- im¢ura sbau[r bcsmrm tinc[udcmracand uLrrtsof Gr+a[ccl: The C.tty ofComge Grove; 7516-80th Street South ComgeGrove_ NIN55016 LDPrrJV Ful RECORD o THE CITY OF COTTAG: v :O EXHIBIT "A'' The westerly sixty (60) feet ofthe East Half of the Northeast Quarter of Section 5. Township 27, Range 21, Washington County, Minnesota lying north ofthe south 1761.72 - feet thereafexcept the north 100 feet ofthe east 150 feet-ofsaid East Half of Northeast Quarter, is hereby dedicated to Grantee for public right -of -way and other public improvement purposes The easterly thirty -three (33) feet ofthe East Halfof the Northeast Quarter of Section 5. Township 27, Range 2-1, Washington County, Minnesota lying north ofthe south 1761.72 feet thereofexceptthe north 100 feetofthe east 150 feet ofsaid East Half of Northeast - Quarter is hereby dedicated to the Grantee for public right of- -way and public improvement purposes_ The following utility and drainage easements are hereby dedicated to Grantee: T. Aten (10) foot wide drainage and utility easement paralleling the westerly right of way line of Ideal Ave - 2- A ten (10) foot wide drainage and utility easement centered on the west boundary line ofthe 2.5 acre parcel, legally described as follows: The East 507.30 feet ofthe North 214.64 feet of the South 1976.36 feetof the East Halfof the Northeast Quarter of Section 5, Township 27. Range 21, Washington County, Minnesota- 3- A ten (10) foot wide drainage and utility easement centered on the north boundary line ofthe 2-5 acre parcel, legally described as follows_ The East507.30 feetofthe North 214.64 feetof the South 1976.36 feet of the East Halfof the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota_ 4- Afive (5) foot-wide drainage and utility easementalong and paralleling the south boundary line ofthe following described parcel: That part of the East Half of the Northeast Quarter of Section 5, Township 27. Range 21, Washington County, Minnesota lying north ofthe south 1761- 72-feetthereofexceptthe north 100 feet of the east 150 feet of said East Half of Northeast Quarter_ 5_ A five (5) footwide drainage and. utility easement along and paralleling the north boundary line ofthe following described parcel- That part of the East Half of the Northeast Quarter of Section S, Township 27, Range 21, Washington County,. Minnesota lying north ofthe ` south 1761.72 feetthereof except the north 100 feet of the east 150 feet of said East Half of Northeast Quarter_ EXHIBIT"S" That as pan: of the approval to subdivide Grantors' property, Grantee. has required the dedication of certain easements for public right -of -way and utility and drainage purposes_ That Grantors' have entered into a certain Contract for Deed, dated June 26, 2001„ with U.S_ Home Corporation,_ hereinafter known as 'Contract Purchaser". Said Contract Purchaserjoins in Grantors' dedication to Grantee herein set forth_ PURCHASER: U.S_ HOME CORPORATION, a Delaware corporation Its: Alr. STATE OF _ ) ) ss. COUNTY OF �) The foregoing was acknowledged before me on.this ,S� of July, 2001, by William Pritchard, the Division Senior Vice President of U.S_ Home Corporation, a Delaware corporation, on behalfofthe corporation, Purchaser. ))) KATHLEEN A_ RUESINK r�A� tH][ARY ANEUC.4INN(lpTl � 4 �: a emtir m.r.zos Notary Public THIS INSTRUMENTWAS DRAFCED BY: F_Joseph Taylor F_Joseph Taylor, PA- 7064 W_ PL Douglas Rd., Suite 203 Cottage Grove, MN 55016 (651) 459 -6644 • • - r ! •' • • 1 • - • ' • • • ! ' • • WHEREAS, the City of Cottage Grove has applied to vacate and discontinue certaindrainage and utility easementsgenerally described in Document No. 3187506 as recorded in the Office of the County Recorder Washington County, MN. WHEREAS, notice of public hearing was published in the South Washington County Bulletin on July 4, 2012; and WHEREAS, the public hearing to consider the vacation of these drainage and utility easements was held on the July 18, 2012, before the City Council in the City Hall located at 7516 80th Street South at 7:30 p.m. after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City on the July 6, 2012, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the City Council in its discretion has determined that vacating the drainage and utility easements will benefit the public interest because the property where the easements exist will be developed for detached single - family homes within a residential subdivision plat named Pinecliff 5th Addition; and WHEREAS, no written or oral testimony from the general public opposed the proposed vacation and discontinuance of said drainage and utility easements at the public hearing on July 18, 2012; and WHEREAS, at least four - fifths of the City Council members must concur in this resolution. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of CottageGrove, Washington County, Minnesota: 1. That the proposed vacation and discontinuance of drainage and utility easements as described in Document No. 3187506 in the Office of the County Recorder Washington County, MN on October 17, 2001 is in the best interest of the public and the City of Cottage Grove; and 2. The drainage and utility easements as described in Document No. 3187506 in the Office of the County Recorder Washington County, MN on October 17, 2001 are hereby declared vacated and discontinued. Resolution No. 2012 -XXXX July 18, 2012 Page 2 BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution and that the City Clerk or their designee prepare a notice to be presentedto the proper Washington County officers a Notice of Completion of this vacation proceeding in accordance with Minnesota Statutes Section 412.851. Passed this 18th day of July 2012. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk To Whom It May Concern: Please take notice: 1) Pursuant to Minn. Stat. 412.851 the City of Cottage Grove initiated the vacation and discontinuance of certain utility and drainage easements generally described in Document No. 3187506 as recorded in the Office of the County Recorder Washington County, MN on October 17, 2001. 2) Notice of hearing of said vacation was duly published, posted, and mailed in accordance with applicable Minnesota Statutes and the public hearing was held on the 18th day of July, 2012. 3) The City Council of the City of Cottage Grove proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the proposed vacation. 4) That on the 18th day of July, 2012, the City Council of Cottage Grove pursuant to Minn. Stat. 412.851 did adopt Resolution No. 2012 -XXX and did thereby vacate and discontinued the utility and drainage easements generally described in Document No. 3187506 as recorded in the Office of the County Recorder Washington County, MN on October 17, 2001. Dated this 18th day of July, 2012. City of Cottage Grove In Caron M. Stransky City Clerk