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City Council Resolution 2011-27CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2011-27 CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION UPON PETITION OF THE PROPERTY OWNER OF LOT 6, BLOCK 1, MONTICELLO TRAVEL CENTER 2ND ADDITION WHEREAS, a petition signed by the property owner of Lot 6, Block 1, Monticello Travel Center Second Addition in the City of Monticello was received by the City Clerk on the 31 st day of March, 2011; and WHEREAS, the petition requested that the City Council, pursuant to Minnesota Statutes 462.358 and 412.851, vacate the drainage and utility easements legally described as: Vacate the drainage and utility easement over that portion of Lot 6, Block 1, Monticello Travel Center Second Addition, Wright County Minnesota, described as follows: Commencing at the most southerly corner of said Lot 6; thence North 62 degrees 38 minutes 15 seconds West, plat bearing, along the southerly line of said Lot 6 a distance of 14.99 feet; thence North 13 degrees 08 minutes 31 seconds East a distance of 6.19 feet to a line parallel with and 6.00 feet northerly of said southerly line; thence South 62 degrees 38 minutes 15 seconds East, along said parallel line, a distance of 4.44 feet to a line parallel with and 12.00 feet westerly of the easterly line of said Lot 6 and the point of beginning of the land to be described; thence return North 62 degrees 38 minutes 15 seconds West a distance of 4.44 feet; thence North 13 degrees 08 minutes 31 seconds East a distance of 153.09 feet; thence North 34 degrees 02 minutes 46 seconds West a distance of 65.12 feet to a line parallel with and 12.00 feet southwesterly of the northeasterly line of said Lot 6; thence South 47 degrees 56 minutes 00 seconds East, along said parallel line, a distance of 49.84 feet; thence South 03 degrees 51 minutes 50 seconds West a distance of 10.55 feet; thence South 35 degrees 59 minutes 35 seconds East a distance of 8.27 feet; thence South 62 degrees 48 minutes 41 seconds East a distance of 12.49 feet; thence South 13 degrees 51 minutes 29 seconds West a distance of 115.30 feet to a line parallel with and 12.00 feet westerly of the easterly line of said Lot 6; thence southerly along said parallel line a distance of 41.45 feet to the point of beginning. WHEREAS, the City Clerk has reviewed and examined the petition and determined that the affixed signature constitutes the landowner of the property abutting the above-described easement; and WHEREAS, a copy of said petition is attached hereto; NOW THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that the Council will consider the vacation of the above-described easement at a public hearing to be held on the 25th day of April, 2011, in the City Council Chambers at 7 p.m.; and BE IT FURTHER RESOLVED, that vacation of the easement to be considered at the public hearing would be contingent on the closing of the sale of the property; and BE IT FURTHER RESOLVED, that vacation of the easement requires the property owner or their buyer be responsible for relocating any private utilities from the easement area at their expense. ADOPTED BY the Monticello City Council this 11th day of April, 2011. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: t Au'd Jeff 1, City Administrator