7.b Resolution No. 2021-11 Lily Pad Lookout Drainage Easement Vacation 1
RESOLUTION NO. 2021-11
A RESOLUTION VACATING TWO DRAINAGE EASEMENTS IN THE
LILY PAD LOOKOUT SUBDIVISION
WHEREAS, the Scandia City Council passed a Resolution 2021-09 ordering the vacation by a
unanimous vote of five out of five votes on the 16th day of March, 2021; and,
WHEREAS, the City Council thereby initiated a vacation process pursuant to Minnesota Statute
§ 412.851, by which the Council will consider whether to vacate two drainage utility easements
that were corrected and re-established as part of the platting of Lily Pad Lookout, which was
approved by the City Council on January 19, 2021; and,
WHEREAS, a public hearing to consider the vacation of these drainage easements was held on
the 20th day of April, 2021, before the City Council via a virtual online meeting platform
pursuant to Minnesota Statutes Section 13D.021, consistent with the City’s protocol for public
hearings during the COVID-19 pandemic, at 7:00 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 Clerk on
the 31th day of March, 2021, and all interested and affected persons were given an opportunity to
voice their concerns and be heard; and,
WHEREAS, any person, corporation or public body owning or controlling easements contained
upon the property vacated, reserves the right to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and,
WHEREAS, the City Council of the City of Scandia, Minnesota has reached the following
findings in this matter:
• The two easements described in this Resolution for Vacation do not accurately reflect the
actual locations and size of existing drainage infrastructure.
• The two newly created drainage utility easements included in the platting of Lily Pad
Lookout, which was approved by the City Council on January 19, 2021, accurately reflect
the drainage infrastructure in place, therefore rendering the drainage easements described
for vacation in this resolution obsolete and no longer serving the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, MINNESOTA AS FOLLOWS:
1. The City of Scandia grants the vacation of two drainage easements created in Document
No. 3323792, as filed in the Office of the County Recorder of Washington County,
Minnesota. The easements were dedicated via an easement agreement, and are legally
described as follows:
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Commencing at the northeast corner of said Government Lot 2;
Thence on an azimuth from north of 270 degrees 48 minutes 21 seconds, oriented to the
Washington County Coordinate System, North Zone, along the north line of said
Government Lot 2, a distance of 883.53 feet to the point of beginning of the easement to
be described;
Thence continuing on an azimuth of 270 degrees 48 minutes 21 seconds along said north
line a distance of 281.81 feet;
Thence on an azimuth of 218 degrees 01 minutes 58 seconds a distance of 67.24 feet;
Thence on an azimuth of 110 degrees 41 minutes 03 seconds a distance of 246.77 feet;
Thence on an azimuth of 34 degrees 08 minutes 38 seconds a distance of 164.52 feet to
the point of beginning.
AND that part of said Government Lot 2 described as follows:
Commencing at the northeast corner of said Government Lot 2;
Thence on an azimuth from north of 270 degrees 48 minutes 21 seconds, oriented to the
Washington County Coordinate System, North Zone, along the north line of said
Government Lot 2, a distance of 1563.53 feet to the point of beginning of the easement to
be described;
Thence on an azimuth of 162 degrees 09 minutes 10 seconds a distance of 320.00 feet;
Thence on an azimuth of 184 degrees 20 minutes 52 seconds a distance of 260.00 feet;
Thence on an azimuth of 163 degrees 43 minutes 43 seconds a distance of 337.07 feet;
Thence on an azimuth of 153 degrees 47 minutes 30 seconds a distance of 349.72 feet to
a point on the north line of the South 125.00 feet of said Government Lot 2;
Thence on an azimuth of 270 degrees 38 minutes 57 seconds along said line
approximately 45 feet to the shoreline of Fish Lake (Minnesota Division of Waters,
Protected Waters 82-6P);
Thence northerly along said shoreline to the intersections with the north line of said
Government Lot 2;
Thence on an azimuth of 90 degrees 48 minutes 21 seconds along said north line
approximately 35 feet to the point of beginning.
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AND that part of said Government Lot 2 lying within the circumference of a circle having a
radius of 25.00 feet. The center of said circle is described as follows:
Commencing at the northeast corner of said Government Lot 2;
Thence on an azimuth from north of 270 degrees 48 minutes 21 seconds, oriented to the
Washington County Coordinate System, North Zone, along the north line of said
Government Lot 2, a distance of 755.32 feet;
Thence on an azimuth of 156 degrees 59 minutes 34 seconds a distance of 371.21 feet
Thence on an azimuth of 155 degrees 03 minutes 33 seconds a distance of 319.46 feet;
Thence on an azimuth of 245 degrees 37 minutes 37 seconds a distance of 625.30 feet to
said center of circle.
2. Nothing in this vacation resolution affects or modifies the drainage easements established
in the Lily Pad Lookout plat, which was approved by the City Council on January 19,
2021, and subsequently filed in the Officer of the County Recorder of Washington
County, Minnesota.
BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution and file notice of the
vacation as required by law.
Passed by the City Council of Scandia, Minnesota this 20th day of April, 2021.
__________________________
Mayor Christine Maefsky
Attested:
_____________________________
Ken Cammilleri, City Administrator