Loading...
10.b Resolution 2021-08 Second Street Vacation1 RESOLUTION NO. 2021-08 A RESOLUTION VACATING A PORTION OF SECOND STREET UPON PETITION OF A MAJORITY OF ABUTTING LANDOWNERS. WHEREAS, a petition signed by the majority of property owners abutting a portion of Second Street in the city of Scandia was received by the City Clerk on the 7th day of December, 2020; and, WHEREAS, the petition requested that the City Council pursuant to Minnesota Statute § 412.851 vacate a portion of the unopened and unimproved Second Street legally described as: The eastern thirty-three feet of Lots 14-17, Block 18, Revision of Vasa, Washington County, Minnesota, and the western thirty-three feet of Lots 1-3, Block 19, Revision of Vasa, Washington County, Minnesota. WHEREAS, the City Clerk reviewed and examined the signatures on said petition and determined that such signatures constituted a majority of the landowners abutting upon the portion of Second Street to be vacated; and, WHEREAS, a public hearing to consider the vacation of such street was held on the 19th day of January, 2021, before the City Council via a virtual online meeting platform pursuant to Minnesota Statutes Section 13D.021, consistent with the City’s protocol for public hearings during the COVID-19 pandemic, at 7:00 p.m., 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 6th day of January, 2021, and all interested and affected persons were given 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, at the public hearing, the Fire Chief addressed the Council and recommended maintaining the northernmost section of Second Street proposed to be vacated to ensure that emergency vehicles could turn around and that City and public access to a culvert and creek would be maintained; WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because: • Second Street has never been opened or improved; • The City has no plan to open and improve Second Street; • The portion of unopened Second Street immediately south of the area of proposed vacation has already been vacated by the City; • All the landowners abutting this portion of the unopened Second Street petitioned to vacate this portion of the unopened street; 2 • The City can vacate a portion of Second Street as petitioned for by the property owners while preserving right-of-way access to the creek, culvert, and in such a manner that allows a turnaround and possible staging for emergency vehicles; • The City has no immediate or long-term plans to open or improve the right-of-way reserved to the public; and, • The City will not at any time in the future maintain a public road on this portion of Second Street proposed for vacation, particularly due to the prior vacation of the portion of Second Street immediately south of the area of proposed vacation, which renders a future through street impossible without the City acquiring additional land. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA AS FOLLOWS: That such petition for vacation is hereby granted and the portion of the street described as follows is hereby vacated: All that part of Second Street not previously vacated, REVISION OF VASA, according to the plat thereof, on file and of record in the Office of the County Recorder, Washington County, Minnesota, lying southerly of the following described line. Commencing at the northwesterly corner of Block 19, said plat of REVISION OF VASA; thence southerly along the easterly line of said Second Street a distance of 52.00 feet to the point of beginning of said described line; thence westerly, perpendicular to said easterly line of Second Street, to its intersection with the westerly line of said Second Street and said described line there terminating. BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized to sign all documents necessary to effectuate the intent of this resolution and file notice of the vacation as required by law. Passed by the City Council of Scandia, Minnesota this 16th day of March, 2021. __________________________ Mayor Christine Maefsky Attested: _____________________________ Ken Cammilleri, City Administrator