07.a DRAFT Resolution 2021-42 For the Vacation of a Goose Lake Pedestrian Trail Easement1
RESOLUTION NO. 2021-42
A RESOLUTION VACATING A PORTION OF VACATION OF A PUBLIC WAY FOR
PEDESTRIAN USE TERMINATING AT, ADJACENT TO, OR ABUTTING UPON
PUBLIC WATERS PURSUANT TO MINNESOTA STATUTE §412.851.
WHEREAS, a petition signed by the majority of property owners abutting a public way for
pedestrian use terminating at Goose Lake (DNR ID# 82005900) in the City of Scandia was
received by the City Clerk on the 11th day of August, 2021; and,
WHEREAS, the petition requested that the City Council pursuant to Minnesota Statute §
412.851 vacate a portion of the unopened and unimproved pedestrian easement legally described
as:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North,
Range 20 West, 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
October, 2021, before the City Council 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 1th day of October, 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, the Council in its discretion has determined that the vacation will benefit the public
interest because:
• The pedestrian easement has never been opened or improved;
• Improvements to this easement may potentially cause harm to wetland habitats that are
otherwise protected. The petitioned segment for vacation crosses a wetland at its
northern terminus and ends at wetland at the edge of Goose Lake;
• If a trail was constructed on the easement, its terminus would be at the edge of shoreline
wetlands, and not the shore itself, which makes the easement not practical for the public
to gain waterway access without possible detriment to the shoreline and its vegetation;
2
• Vacating this easement would not hinder public access to Goose Lake as public access to
the waterway remains available from Oldfield Avenue N on Goose Lake’s western shore.
• All the landowners abutting this portion of the unopened pedestrian easement have
petitioned to vacate this portion of the unopened right-of-way;
• The City has no immediate or long-term plans to open or improve the easement reserved
to the public; and,
• Due to a lack of practical lake access where a proposed trail would have to meet the
shoreline and the lack of interconnections between the easement and other rights-of-way,
future utilization of this easement would be impossible without the City acquiring
additional land make a practical connection to the lake shore or to create a through trail
route that would be more conducive for recreation.
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:
The East 20.00 feet of the Northwest Quarter of the Southwest Quarter.
AND
That part of the East 20.00 feet of the Southwest Quarter of the Southwest Quarter
lying North of the South 468.27 feet thereof. All in Section 11, Township 32 North,
Range 20 West, Washington County, Minnesota.
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 19th day of October, 2021.
__________________________
Mayor Christine Maefsky
Attested:
_____________________________
Ken Cammilleri, City Administrator