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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