Res 2015- 83 Vacating Right of Way Perron RoadCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2015-83
RESOLUTION VACATING (A PORTION OF) STREET
RaGHT-OF-WAY TJPON A PETITION OF AN A.BUTTING LANDOWNER
WHEREAS, a request signed by the property owners abutting the Perron Road Right-
of-Way (a portion thereo� in Mendota Heights was received by the City clerk on the 29t�' day of
September 2015; and
WHEREAS, the petition requested by the City Council pursuant to Minnesota Staiute
§412.851 to vacate Peiron Road (a portion thereo fl between Pilot Knob Road (County State Aid
Highway 31) and Trunk Highway 13 legally described as:
All that pa��t of Perron Road located over, unde�� and crciross the No��th 500. 00 feet
of the East 349. 04 feet of GoveYn�nent Lot 2, Section 33, Township 2S, Range 23;
which lies souther�ly of t1�e northerly 40.00 feet the��eof and which Zies weste��ly of
County State Aid Highway 31 (Pilot Knob Road) as shown on Minnesotc�
Department of Transportation Right of Way Plat No. 19-93.
WHEREAS, the City Clerk has reviewed and examined the signature on said request and
determined that such signatures constitute a landowner abutting upon the portion of Right-of-
Way to be vacated; and
WH]EREAS, 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
requested portion of the right-of-way by the City; and
WHEREAS, a public hearing to consider the vacation of such street was held on the 3rd
day of November, 2015, before the City Council in the City Hall located at 1101 Victoria Curve
at 8:00 pm after due published and posted notice had been given, as well as personal mailed
notice to all affected property owners by the City Clerlc on the 15t�' day of October, 2015 and ali
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 rnaintaining the same or to
enter upon such way or portion thereof vacated to lnaintain, 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
coxnmunity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MENDOTA HEIGHTS, COiTNTY OF IDAKOTA, MINNESOTA, that such petition for
vacation is hereby granted aild the (portion o fl street described as follows is hereby vacated:
All that pa��t of Perron Roac� located ove��, under� and ac��oss tlze North 500. 00 feet
of the East 349. 04 feet of Gove��n�nent Lot 2, Sectio�� 33, Townslzip 28, Range 23;
whzch lies souther�ly of the nor�the��ly 40. 00 feet the��eof c���d which lies wester�ly of
County State Aid Highway 31 (Pilot Knob Road) as sho��n on Minnesota
Depar�tment of Ti�anspor�tation Right of Way Plat No. 19-93.
BE IT FURTHER RESOLVED, a parking lot setback non-conformity created by the
right-of-way vacation, which was brought to correct a right-of-way encroac]�unent, and any
remaining encroachment of curbing into the right-of-way as presently located are hereby
approved with the following condition:
1. The non-conformity may reinain in place until such time as tllere is a complete
redevelopment or other significant alteration to the site and/or facilities is made.
Renovations, maintenance, and rebuilding after casualty, provided rebuilding occurs
within twelve rnonths after such casualty event, of the existing development shall not
require the non-confonmity to be corrected.
BE IT FURTI3ER 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 3`d day of November, 2015.
ATTEST
BY
Lorri Smith, City Clerk
CITY COUNCIL
CIT MENODTA HEIG�ITS
BY d .
S dra Kr . h, Mayor