Res 2021- 72 Terminate License Agr 760 Upper Colonial Dr CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-72
RESOLUTION APPROVING THE TERMINATION OF A
LICENSE AGREEMENT FOR 760 UPPER COLONIAL DRIVE
WHEREAS,on July 2,2018,the Mendota Heights City Council adopted Resolution No.
2018-47,which approved alot line adj ustment with variances, as requested under Planning Case
No. 2018-16,to Jason& Sarah Barrett(the`Barretts")of 754 Upper Colonial Drive and John&
Deanne Bennett (the "Bennetts") of 760 Upper Colonial Drive (the "Subject Property") and
legally described on attached Exhibit-A; and
WHEREAS, the Barretts and Bennetts also sought to have the City of Mendota Heights
approve a lot split of city-owned park land property located immediately behind and adjacent to
754 and 760 Upper Colonial Drive, whereby two small parcels of land would be created and
legally combined with the respective properties;and
WHEREAS, on September 17, 2018, the City Council adopted a separate Resolution
No. 2018-72, whereby the lot split and combination of city-owned lands was denied to the
Barretts and Bennetts, and the Council later authorized (by concurrent action) a new License
Agreement to the Bennetts and the Subject Property only, which would allow an existing fence
and garden encroachment on the city-owned lands, subject to certain provisions contained in the
agreement; and
WHEREAS, shortly after action on these two resolutions and approval of the new
License Agreement, filed and recorded December 20, 2018 as Document No. 800706, the
Bennetts sold the Subject Property to Joe and Danalee Buhler (the `Buhlers"), and the
Buhlers entered into a License Agreement with the City of Mendota Heights,which allowed the
Buhlers (the "LICENSEE" in said agreement)to leave the existing fence and garden area as an
encroachment on city-owned lands, with certain stipulations and provisions contained in said
agreement; and
WHEREAS, per provision No. 4 of the License Agreement, should the existing fence
be removed,repaired or re-built by the Buhlers, all sections of the fence within the city-owned
lands must be removed, and new fencing placed back to or within the legal rear property line
of the Subject Property, with added provision that once the old fence has been removed or
new fence relocated to the legal property line of the Subject Property, the License Agreement
shall become automatically null and void without any further action required of the City; and
WHEREAS, the Buhlers have now removed the old fence on the city-owned lands, and
placed the new fence within their own legal property boundary line, as confirmed by city staff,
and the Buhlers hereby request the City of Mendota Heights terminate this License Agreement.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
due to the fence being removed and new fence installed within the Buhlers' own property, the
fence and garden encroachment are considered no longer an issue with the city, and the
recorded document 9800706 License Agreement for 760 Upper Colonial Drive executed
between Joe and Danalee Buhler and the City of Mendota Heights, is hereby terminated, and is
officially considered null and void.
Adopted by the City Council of the City of Mendota Heights this 9th day of September,
2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
f J v
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Drafted by:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights,MN 55118
Phone: 651-452-1850
Res 2021-72 Page 2 of 3
EXHIBIT A
SUBJECT PROPERTY LEGAL DESCRIPTION
ADDRESS: 760 UPPER COLONIAL DRIVE, MENDOTA HEIGHTS, MN 551118
PID No. 27-17150-07-089
Torrens property
LEGAL: That part of Lot 8 lying Easterly of the following described line: Commencing at
the Southwest corner of said Lot 8; thence South 86 degrees 57 minutes 59 seconds East on
assumed bearing along the south line of said lot 8 a distance of 3.50 feet is the point of
beginning; thence North 6 degrees 36 minutes 13 seconds East 154.13 feet to the north line of
said Lot 8, Block 7, CHERRY HILL, situated in Dakota County, Minnesota.
Certificate of Title No. 174113
Res 2021-72 Page 3 of 3
Receipt:#801896 851942
ReturnRES $46.00
to: I IIIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
SIMPLIFILE
5072 NORTH 300 w Recorded on:10/6/2021 11:24 AM
By:CZP,Deputy
PROVO UT84604 Cert# 174113
Office of the Registrar of Titles
Dakota County,Minnesota
Amy A.Koethe,Registrar of Titles
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2021-72 Approve Termination of License
Agreement for 760 Upper Colonial Drive is an exact copy of the resolution on file
in my office adopted by the Mendota Heights City Council.
Signed and sealed by my hand on this 16th day of September, 2021.
Lorri Smith, City Clerk
(SEAL)
3:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-72
RESOLUTION APPROVING THE TERMINATION OF A
LICENSE AGREEMENT FOR 760 UPPER COLONIAL DRIVE
WHEREAS,on July 2,2018,the Mendota Heights City Council adopted Resolution No.
2018-47,which approved alot line adj ustment with variances, as requested under Planning Case
No. 2018-16,to Jason& Sarah Barrett(the`Barretts")of 754 Upper Colonial Drive and John&
Deanne Bennett (the "Bennetts") of 760 Upper Colonial Drive (the "Subject Property") and
legally described on attached Exhibit-A; and
WHEREAS, the Barretts and Bennetts also sought to have the City of Mendota Heights
approve a lot split of city-owned park land property located immediately behind and adjacent to
754 and 760 Upper Colonial Drive, whereby two small parcels of land would be created and
legally combined with the respective properties;and
WHEREAS, on September 17, 2018, the City Council adopted a separate Resolution
No. 2018-72, whereby the lot split and combination of city-owned lands was denied to the
Barretts and Bennetts, and the Council later authorized (by concurrent action) a new License
Agreement to the Bennetts and the Subject Property only, which would allow an existing fence
and garden encroachment on the city-owned lands, subject to certain provisions contained in the
agreement; and
WHEREAS, shortly after action on these two resolutions and approval of the new
License Agreement, filed and recorded December 20, 2018 as Document No. 800706, the
Bennetts sold the Subject Property to Joe and Danalee Buhler (the `Buhlers"), and the
Buhlers entered into a License Agreement with the City of Mendota Heights,which allowed the
Buhlers (the "LICENSEE" in said agreement)to leave the existing fence and garden area as an
encroachment on city-owned lands, with certain stipulations and provisions contained in said
agreement; and
WHEREAS, per provision No. 4 of the License Agreement, should the existing fence
be removed,repaired or re-built by the Buhlers, all sections of the fence within the city-owned
lands must be removed, and new fencing placed back to or within the legal rear property line
of the Subject Property, with added provision that once the old fence has been removed or
new fence relocated to the legal property line of the Subject Property, the License Agreement
shall become automatically null and void without any further action required of the City; and
WHEREAS, the Buhlers have now removed the old fence on the city-owned lands, and
placed the new fence within their own legal property boundary line, as confirmed by city staff,
and the Buhlers hereby request the City of Mendota Heights terminate this License Agreement.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
due to the fence being removed and new fence installed within the Buhlers' own property, the
fence and garden encroachment are considered no longer an issue with the city, and the
recorded document 9800706 License Agreement for 760 Upper Colonial Drive executed
between Joe and Danalee Buhler and the City of Mendota Heights, is hereby terminated, and is
officially considered null and void.
Adopted by the City Council of the City of Mendota Heights this 9th day of September,
2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
f J v
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Drafted by:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights,MN 55118
Phone: 651-452-1850
Res 2021-72 Page 2 of 3
EXHIBIT A
SUBJECT PROPERTY LEGAL DESCRIPTION
ADDRESS: 760 UPPER COLONIAL DRIVE, MENDOTA HEIGHTS, MN 551118
PID No. 27-17150-07-089
Torrens property
LEGAL: That part of Lot 8 lying Easterly of the following described line: Commencing at
the Southwest corner of said Lot 8; thence South 86 degrees 57 minutes 59 seconds East on
assumed bearing along the south line of said lot 8 a distance of 3.50 feet is the point of
beginning; thence North 6 degrees 36 minutes 13 seconds East 154.13 feet to the north line of
said Lot 8, Block 7, CHERRY HILL, situated in Dakota County, Minnesota.
Certificate of Title No. 174113
Res 2021-72 Page 3 of 3