Loading...
Res 2014- 73 Vacating Partition RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-73 RESOLUTION VACATING A (PORTION OF) STREET UPON A PETITION OF A MAJORITY OF ABUTTING LANDOWNERS WHEREAS, a petition signed by the majority of property owners abutting Partition Road (a portion thereof) in Mendota Heights was received by the City clerk on the 16th day of October 2014; and WHEREAS, the petition requested by adjacent property owners pursuant to Minnesota Statute §412.851 to vacate Partition Road (a portion thereof) between Spring Street and Dodd Road legally described as: The northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition plat, between Spring Street and Dodd Road. WHEREAS, the City Clerk has reviewed and examined the signatures on said petition and determined that such signatures constitute a majority of the landowners abutting upon the portion of street to be vacated; and WHEREAS, City staff has reviewed the right-of-way for current and future potential uses by the City and determined that there are no current uses and no apparent future uses of the right-of-way by the City; and WHEREAS, a public hearing to consider the vacation of such street was held on the 18th day of November, 2014, before the City Council in the City Hall located at 1101 Victoria Curve at 7:00 pm 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 18th day of November, 2014 and all interested and affected persons were given proper notice and 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 in its discretion has determined that the vacation will benefit the public interest because it is not detrimental to the health, safety and welfare of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MENDOTA HEIGHTS, COUNTY OF DAKOTA, MINNESOTA, that such petition for vacation is hereby granted and the (portion of) street described as follows is hereby vacated: The northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition plat, between Spring Street and Dodd Road. 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. Adopted by the City Council of the City of Mendota Heights this 2'd day of December, 2014. ATTES Lorri Smith, City Clerk CITY COUNCIL CITY OF MENODTA HEIGHTS andra Krebsb. Mayor Receipt# 357715 TORRENS FEE $66.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 T740477 Recorded on: 1/12/2015 03:28:26PM By SJS, Deputy Certificate # 50325 137812 Joel T. Beckman Registrar of Title Dakota County, MN CITY OF MENDOTA TIEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-73 RESOLUTION VACATING A (PORTION OF) STREET UPON A PETITION OF A MAJORITY OF ABUTTING LANDOWNERS WHEREAS, a petition signed by the majority of property owners abutting Partition Road (a portion thereof) in Mendota Heights was received by the City clerk on the 16th day of October 2014; and WHEREAS, the petition requested by adjacent property owners pursuant to Minnesota Statute §412.851 to vacate Partition Road (a portion thereof) between Spring Street and Dodd Road legally described as: The northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition plat, between Spring Street and Dodd Road. WHEREAS, the City Clerk has reviewed and examined the signatures on said petition and determined that such signatures constitute a majority of the landowners abutting upon the portion of street to be vacated; and WHEREAS, City staff has reviewed the right-of-way for current and future potential uses by the City and determined that there are no current uses and no apparent future uses of the right-of-way by the City; and WHEREAS, a public hearing to consider the vacation of such street was held on the 18th day of November, 2014, before the City Council in the City Hall located at 1101 Victoria Curve at 7:00 pm 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 18th day of'November, 2014 and all interested and affected persons were given proper notice and 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 in its discretion has determined that the vacation will benefit the public interest because it is not detrimental to the health, safety and welfare of the community. RECEIVED DEC 002014 DAKOTN VUUNIY TAXATION & RECORDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MENDOTA HEIGHTS, COUNTY OF DAKOTA, MINNESOTA, that such petition for vacation is hereby granted and the (portion of) street described as follows is hereby vacated: The northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition plat, between Spring Street and Dodd Road. 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. Adopted by the City Council of the City of Mendota Heights this 2nd day of December, 2014. Lorri Smith, City Clerk CITY COUNCIL CITY OF MENODTA HEIGHTS andra Krebsb Mayor STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS ) s.s. I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2014-73, Vacating a (Portion of) Partition Street is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on December 2, 2014. - , „ Sign4saryt se -MO by my hand on this 23rd day of December, 2014. (SEAL) Lorri Smith City Clerk