Res 2020- 27 Vacation of Drainage Utility EasementsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2020-27
A RESOLUTION AUTHORIZING THE VACATION
OF DRAINAGE AND UTILITY EASEMENTS
BE IT RESOLVED by the City Council (the "Council") of the City of Mendota Heights, Minnesota (the
"City"), as follows:
WHEREAS, the City has entered into a Real Estate Purchase Agreement (the "Purchase Agreement"),
dated August 20, 2019, with Grand Real Estate Advisors, LLC, now known as MH Development, LLC (the
"Developer"), for the purchase and development of City -owned land within an area known as the Villages of
Mendota Heights, more specifically Lot 1, Block 2, Lot 1, Block 3, Lot 2, Block 3, and Outlot D, all within the
Mendota Heights Town Center plat, Dakota County, Minnesota (the "Property"); and
WHEREAS, the Developer has proposed to construct a three-story, 48 -unit senior apartment building
with an attached sit-down style cafe/restaurant, with underground and surface parking facilities on the Property
(the "Project"); and
WHEREAS, the plat of Mendota Heights Town Center, filed with the Dakota County Recorder's Office
as Document No. 1953625 on October 30, 2002, provides for drainage and utility easements on Lot 1, Block 2,
Lots I and 2, Block 3, and over the entirety of Outlot D, all within the Property (the "Easements"); and
WHEREAS, to accommodate the Project construction parameters and boundaries, it is proposed the City
vacate the entirety of all of the Easements, to allow for the re -platting of the Property (including the platting of
new drainage and utility easements) and a new (but smaller) outlot in place of Outlot D, which will include a new
drainage and utility easement running in favor of the City if the outlot is ever combined into adjacent property or
sold separately; and
WHEREAS, pursuant to Minnesota Statutes, Section 412.851, as amended (the "Act"), a public hearing
to consider the vacation of the Easements was held as of the date hereof before this Council, after due publication
and posted notice had been given, and all interested and affected persons were given an opportunity to be heard
at the hearing; and
WHEREAS, pursuant to the Act, any vacation of public property shall not be made unless it appears in
the interest of the public to do so; and
WHEREAS, this Council in its discretion finds the proposed vacation will benefit the public interest
because:
1. Vacation of the Easements are in the public interest.
2. Granting the vacation of the Easements as described in this Resolution will allow the Developer to
acquire the Property and construct the Project, pursuant to future agreements to be entered into
between the City and the Developer.
WHEREAS; for all of the above reasons, this Council finds, by the four-fifths vote required under the
Act, that the vacation of the Easements does not have a detrimental effect upon the health, safety, morals and
general welfare of the City and is within the interests of the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights,
Minnesota, as follows:
1. The Easements are hereby vacated by the City.
2. This Resolution shall be presented for filing with the Dakota County Recorder, as required by the
Act.
Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
"u')c
Neil Garlock, Mayor
ATTEST:
1
Lorri Smith, City Clerk
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF MENDOTA HEIGHTS
Receipt:# 683891
VAC $46.00
Return to:
CITY OF MENDOTA
HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS MN
55118
NOTICE OF COMPLETION OF
VACATION PROCEEDINGS
) SS.
3384469
I III II I IID VIII VI (I VI II III II III II (III I I I)
Recorded on: 7/1612020 2:39 PM
By: CAC, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A_ Koethe, County Recorder
I, the undersigned, being the duly qualified and acting City Clerk of the City of Mendota Heights,
Dakota County, Minnesota, do hereby certify that the attached resolution of the Mendota Heights City
Council, dated April 7, 2020, adopted by the City Council after a duly noticed public hearing on said date,
is a full, true and correct copy of the same therefor, as it relates to the vacation of drainage and utility
easements upon certain lands owned by the City. The vacation of the drainage and utility easements
affect the following properties located within the plat of Mendota Heights Town Center, filed with the
Office of the County Recorder, Dakota County, Minnesota, as Document No. 1953625 on October 30,
2002:
(i) Lot 1, Block 2;
(ii) Lot 1, Block 3;
(iii) Lot 2, Block 3; and
(iv) Outlet D.
The purpose of this Notice of Completion of Vacation Proceedings is to comply with the
requirements of Minnesota Statutes, Section 412.851, as amended.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this /('71 -
day of 0 - 0 2020.
Lorri Smith, City Clerk
City of Mendota Heights, Minnesota
(SEAL)
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2020-27
A RESOLUTION AUTHORIZING THE VACATION
OF DRAINAGE AND UTILITY EASEMENTS
BE IT RESOLVED by the City Council (the "Council") of the City of Mendota Heights, Minnesota (the
"City"), as follows:
WHEREAS, the City has entered into a Real Estate Purchase Agreement (the "Purchase Agreement"),
dated August 20, 2019, with Grand Real Estate Advisors, LLC, now known as MH Development, LLC (the
"Developer"), for the purchase and development of City -owned land within an area known as the Villages of
Mendota Heights, more specifically Lot 1, Block 2, Lot 1, Block 3, Lot 2, Block 3, and Outlot D, all within the
Mendota Heights Town Center plat, Dakota County, Minnesota (the "Property"); and
WHEREAS, the Developer has proposed to construct a three-story, 48 -unit senior apartment building
with an attached sit-down style cafelrestaurant, with underground and surface parking facilities on the Property
(the "Project"); and
WHEREAS, the plat of Mendota Heights Town Center, filed with the Dakota County Recorder's Office
as Document No. 1953625 on October 30, 2002, provides for drainage and utility easements on Lot 1, Block 2,
Lots 1 and 2, Block 3, and over the entirety of Outlot D, all within the Property (the "Easements"); and
WHEREAS, to accommodate the Project construction parameters and boundaries, it is proposed the City
vacate the entirety of all of the Easements, to allow for the re -platting of the Property (including the platting of
new drainage and utility easements) and a new (but smaller) outlot in place of Outlot D, which will include a new
drainage and utility easement running in favor of the City if the outlot is ever combined into adjacent property or
sold separately; and
WHEREAS, pursuant to Minnesota Statutes, Section 412.851, as amended (the "Act"), a public hearing
to consider the vacation of the Easements was held as of the date hereof before this Council, after due publication
and posted notice had been given, and all interested and affected persons were given an opportunity to be heard
at the hearing; and
WHEREAS, pursuant to the Act, any vacation of public property shall not be made unless it appears in
the interest of the public to do so; and
WHEREAS, this Council in its discretion finds the proposed vacation will benefit the public interest
because:
1. Vacation of the Easements are in the public interest.
2. Granting the vacation of the Easements as described in this Resolution will allow the Developer to
acquire the Property and construct the Project, pursuant to future agreements to be entered into
between the City and the Developer.
WHEREAS; for all of the above reasons, this Council finds, by the four-fifths vote required under the
Act, that the vacation of the Easements does not have a detrimental effect upon the health, safety, morals and
general welfare of the City and is within the interests of the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights,
Minnesota, as follows:
1. The Easements are hereby vacated by the City.
2. This Resolution shall be presented for filing with the Dakota County Recorder, as required by the
Act.
Adopted by the City Council of the City of Mendota Heights this 7h day of April, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
1 ,
Lorri Smith, City Clerk