07-28-2009 EDC Special Meeting - Laserfiche WebLink

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Road Vacation Page 1 of 1 Sandy Peine From: Paul Sandelin [psandelin @sandelinlaw.com] Sent: Monday, September 14, 2009 3:26 PM To: Sandy Peine Subject: Road Vacation Sandy: I spoke with Chuck Steinbauer. We discussed the two methods that Justin could use to vacate a street. The first is the petition method which justin has presented to the city and is governed by Section 412.851 of the Minnesota Statutes. The other method is a formal court action under Section 505.14 of the Minnesota Statutes which Justin could utilize if he chooses to do so. That method will take more time. I explained to Chuck the issue we have with respect to the majority of landowners needed for the petition for the first street vacation and Chuck understands the problem justin is facing. I indicated we would conduct the public hearing but at this point the city is without any authority to grant the request to vacate first street, however, we can act upon the second street road vacation request. Chuck will be speaking with Justin and Justin will need to make some decisions regarding how he wants to proceed with First Street. He may request that just the west half of first street be vacated (8 feet based upon the platted road) however I indicated I had no idea how the City Council would respond to that, leaving an 8 foot strip of land still dedicated to the public. They also will need to identify the right of way boundary for 371 and whether or not MnDOT is a party to the first street road vacation. I think they understand what the issues are and the ball is in their court between now and the public hearing. I have worked with Chuck before and he knows what is involved with the First Street road vacation. It is not a simple as it appears. I will keep you posted. In the meantime we will simply proceed with the two petitions knowing that until a majority of property owners have joined in the first street petition there is no action the city can take on that petition other than to perhaps deny the petition so we don't run afoul of the 60 day requirement to make a decision, unless justin agrees to an extension. I would continue with mailing the notice for both petitions until we receive something in writing from justin withdrawing or modifying the first street petition. If you have any questions let me know. Thanks. Paul Sandelin SANDELIN LAW OFFICE 30849 First Street P.O. Box 298 Pequot Lakes, MN 56472 Phone: 218-568-8481 Fax: 218-568-8444 psandelinasandelinlaw.com This communication (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521.This communication is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution or copying of this information is prohibited. If you have received this communication in error, please notify me by telephone immediately and destroy the information.Thank you. 9/14/2009