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City Council Resolution 2010-56CITY OF MONTICELLO WRIGHT COUNTY RESOLUTION NO. 2010-56 DENYING VACATION OF A PORTION OF MAPLE STREET UPON PETITION OF A MAJORITY OF ABUTTING LANDOWNERS WHEREAS, a petition requesting vacation of a portion of Maple Street and signed by the majority of property owners abutting said property in the City of Monticello was received by the City Clerk on the 91h day of October, 2009; and WHEREAS, the petition requests that the City Council, pursuant to Minnesota Statute 412.851, vacate a portion of Maple Street between River Street West and the Mississippi River, legally described as: "A portion of Maple Street located between River Street and the Mississippi River, Original Plat of Monticello, County of Wright, Minnesota. Such street right-of-way terminates at the Mississippi River." WHEREAS, the City Clerk reviewed and examined the signatures on said petition and determined that said signatures constituted a majority of the landowners abutting upon the portion of said street proposed to be vacated; and WHEREAS, said street proposed to be vacated abuts the Mississippi River, therefore written notice was served by certified mail to the Commissioner of Natural Resources on the 9th day of June, 2010, and comments were received in writing from the Department of Natural Resources dated July 14, 2010; and WHEREAS, a public hearing to consider the proposed vacation of said street was held on August 9, 2010 at 7 p.m. before the City Council in the Monticello City Council Chambers 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 30th day of July, 2010, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, said public hearing was continued before the Monticello City Council on August 23, 2010 at 7 p.m. for further comments and consideration; and WHEREAS, any person, corporation, or public body owning or controlling easements contained upon the property proposed to be 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 NOW THEREFORE, BE IT HEREBY RESOL VED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, such petition for vacation is hereby denied based on the following findings: Abutting property owners can make reasonable use of their property, as it is configured today, without the proposed street vacation; • The vacation of said portion of Maple Street would not be in the best interest of the City as a benefit to the public; • The proposed street vacation negatively impacts access to public waters as this dedicated public road could provide public access to the Mississippi River for citizens of Monticello and the state of Minnesota; • There is a natural resource value in keeping the site in public ownership to maintain the existing shoreline vegetative cover relative to water quality, fisheries and wildlife. BE IT FURTHER RESOLVED, in consideration that petitioning landowners are willing to provide and the City desires continued maintenance of said portion of street proposed for vacation, petitioning landowners will assume liability for personal items and improvements placed upon and into said portion of street, except for the private irrigation system, which the City of Monticello will repair if damaged or disturbed by the City during drainage or utility work within the right-of-way; and BE IT FURTHER RESOLVED, that the City Clerk shall provide a copy of said resolution to the Commissioner of Natural Resources in regard to the formal findings of fact presented in their letter to the City. ADOPTED BY the City Council of Monticello, Minnesota this 23rd day of August, 2010. ATTEST: Jeff OW, City Administrator CITY OF MONTICELLO i Clint Herbst, Mayor VOTING IN FAVOR: Herbst, Perrault, Posusta, Stumpf, Wojchouski VOTING IN OPPOSITION: None