Ordinance 823 Publish April 3, 2020 ORDINANCE NO.

Published April 03, 2020 at 3:01 AM

Ordinance 823
Publish April 3, 2020
ORDINANCE NO. 823
2nd Series
AN ORDINANCE VACATING A PORTION OF SECOND AVENUE EAST AND A PORTION OF OAK STREET, BOTH AS ARE ADJACENT TO BLOCKS 25 AND 26 OF "LAKESIDE ADDITION TO THE TOWN OF ALEXANDRIA" AND ESTABLISHING A PERMANENT UTILITY EASEMENT
WHEREAS, the City has received a application from property owners in "Ostendorf Addition" to vacate the platted street known as Oak Street (or "O" Street, as platted) lying between Second Avenue and Third Avenue and to vacate the portion of Second Avenue lying east of the west line of TH 29, and
WHEREAS, the said platted streets are landlocked by TH 29, by the railroad right of way, and by Central Lakes Trail, and therefore have no influence on the vehicular and/or pedestrian traffic patterns in the area, and
WHEREAS, the City has no need for the platted streets for conveyance of vehicles, and
WHEREAS, there exist within the Second Avenue right of way either public and/or private utility lines, and
WHEREAS, the applicants for vacation have indicated a willingness to have such utility lines remain in place or to be removed and replaced, and to grant an easement allowing such, and
WHEREAS, the City's Home Rule Charter requires that street vacations be done by Ordinance, approved by a four-fifths vote of the Council,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALEXANDIA HEREBY ORDAINS:
Section I: That the street known as Oak Street (or "O" Street, as platted) lying between Block 25 and Block 26 of "Lakeside Addition to the Town of Alexandria" is hereby vacated.
Section II. That the portion of Second Avenue lying east of the west line of Document 174892 as recorded in the office of the Douglas County Recorder is hereby vacated.
Section III. That there is hereby created a permanent utility easement over, under and across the portion of Second Avenue vacated by this Ordinance, said easement location as described in the Exhibit A attached hereto, for use by the owners, operators and /or their assigns of any publicly or privately owned utilities, including by not limited to water, sanitary sewer, storm water, electricity, telecommunications and natural gas and that is easement shall include the right of the utility owners, operators and/or their assigns to enter upon the property to survey, construct, operate, control, maintain, repair, replace, remove and use said easement for all utility purposes to rebuild the same, and to remove any object which, in the reasonable opinion of said utility owners, operators or assigns, will interfere with said utilities. As a condition of this easement, the owners, operators and/or their assigns shall have the obligations to restore the property subject to this easement to the approximate same condition as existed prior to the commencement of any construction, maintenance or repair hereunder, if restoration is possible.
Section IV. That a record of such vacation and easement is to be made in the office of the Douglas County Recorder.
Section V: This ordinance shall be in full force and effect from and after its passage and publication.
ADOPTED by the City Council of the City of Alexandria, Minnesota, this 23rd day of March, 2020, by the following vote:
YES: Franzen, Thalman, Osterberg, Jensen
NO: None
ABSENT: Benson
/s/Sara Carlson
Mayor
ATTEST: /s/Marty Schultz
City Administrator
Exhibit A, Pg 1/2
An easement for utility purposes over, under and across that part of Lots 1 and 5, OSTENDORF ADDITION, according to the recorded plat thereof and that part of vacated second avenue in the dedicated plat of LAKE SIDE ADDITION TO THE TOWN OF ALEXANDRIA, described as follows:
Commencing at the southeast corner of said Lot 5;
thence on an assumed bearing of North 89 degrees 55 minutes 07 seconds West along the south line of said Lot 5 a distance of 132.46 feet to the point of beginning of the easement to be described;
thence North 07 degrees 27 minutes 27 seconds East 42.54 feet;
thence North 05 degrees 18 minutes 00 seconds East 78.70 feet;
thence North 08 degrees 45 minutes 36 seconds East 26.66 feet;
thence North 19 degrees 44 minutes 52 seconds East 48.54 feet;
thence North 02 degrees 56 minutes 13 seconds West 157.27 feet to the south line of the State of Minnesota Railbank;
thence South 89 degrees 55 minutes 27 seconds West 148.57 feet;
thence south 71 degrees 16 minutes 38 seconds West 39.36 feet to the west line of that land as described in Document No. 174892 and of record in the office of the Douglas county Recorder;
thence South 00 degrees 01 minutes 07 seconds East along said west line 21.12 feet;
thence North 71 degrees 16 minutes 38 seconds East 66.91 feet;
thence North 88 degrees 29 minutes 01 seconds East 91.67 feet;
thence North 89 degrees 55 minutes 27 seconds East 11.32 feet;
thence South 02 degrees 56 minutes 13 seconds East 144.24 feet;
thence South 19 degrees 44 minutes 52 seconds West 11.89 feet to the east line of said Lot 1;
thence South 00 degrees 01 minutes 16 seconds East along said east line 17.98 feet;
thence South 89 degrees 58 minutes 44 seconds West 6.46 feet;
thence South 19 degrees 44 minutes 52 seconds West 15.45 feet;
thence south 08 degrees 45 minutes 36 seconds West 21.69 feet to said east line of Lot 1;
thence South 00 degrees 01 minutes 07 seconds East along said east line 11.56 feet;
thence South 89 degrees 58 minutes 44 seconds West 1.53 feet;
thence south 05 degrees 18 minutes 00 seconds West 74.76 feet;
thence south 07 degrees 27 minutes 27 seconds West 24.59 feet to said south line of Lot 5;
thence South 00 degrees 01 minutes 07 seconds East along said south line 20.00 feet;
thence South 89 degrees 55 minutes 07 seconds East along said south line 17.54 feet to the point of beginning.
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