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Res 2009- 71 Approving a Vacation and Easement @ L2, Bl. 1CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 09-71 A RESOLUTION APPROVING A VACATION OF AN UNUSED ROADWAY AND UTILITY EASEMENT AT LOT 2, BLOCK 1, MENDOTA HEIGHTS BUSINESS PARK, 4TH ADDITION WHEREAS, the City of Mendota Heights is the current holder of a Roadway and Utility Easement originally intended for the Commerce Drive roadway and associated utilities that is identified by the following description: That part of the 80.00 foot wide easement for utility purposes per Document No. 623116 lying within Lot 2, Block 1, MENDOTA HEIGHTS BUSINESS PARK 4THADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Together with that part of the easement for highway and utility purposes per said Document No. 623116 lying within said Lot 2.; and WHEREAS, construction of Commerce Drive and its associated utilities ultimately took place in a location other then that of the Roadway and Utility Easement; and WHEREAS, all former utility lines within the Roadway and Utility Easement have been removed or abandoned in place; and WHEREAS, a notice of hearing on said easement vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable statutes; and WHEREAS, a public hearing was held on said easement vacation on September 1, 2009 at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interested in said easement vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights as follows: 1. That the vacation of the Roadway and Utility Easement as described above situated in the City of Mendota Heights, is in the best interest of the public and the City, and it is not detrimental to the health, safety and welfare of the community. 2. That the above described Roadway and Utility Easement is hereby vacated reserving from said vacation the Drainage and Utility Easement platted as part of the Mendota Heights Business Park, 01 Addition plat that parallels the southern property boundary, and is not associated with Easement Document Number 623116. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statues. Adopted by the City Council of the City of Mendota Heights this lst day of September, 2009. ATTEST: Ka een M. S CITY COUNCIL CITY OF MENDOTA HEIGHTS By:, 4�6"4'j Mary a chneeman, Acting Mayor