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City Council Resolution 2011-31CITY OF MONTICELLO WRIGHT COUNTY MINNESOTA RESOLUTION NO. 2011-31 APPROVE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENTS, UPON PETITION OF THE PROPERTY OWNER, FOR LOT 19, BLOCK 3, GROVELAND 2ND ADDITION WHEREAS, on March 25, 2011, an application and petition, signed by the property owner of said property, to consider vacation of drainage and utility easements as described below, was received in the office of the City Clerk; and WHEREAS, a notice of Public Hearing was published on April 7 and 14, 2011, pursuant to Minnesota State Statutes 412.851; and WHEREAS, a notice of Public Hearing was mailed on April 13, 2011, to all property owners that could be affected by said easement vacation; and WHEREAS, the City of Monticello received notice that Great River Energy granted a vacation of their utility easement to the property owner on March 29, 2011; and WHEREAS, a Public Hearing on the vacation of drainage and utility easements over and across the following described property was held on April 25, 2011 at 7 p.m. at the Monticello City Council Chambers: Parcel #1: That part of Lot 19, Block 3, Groveland 2nd Addition, according to the recorded plat thereof, Wright County, Minnesota, lying northeasterly of the southwesterly line of the 150 foot United Power Association Easement, as shown on said plat, and lying southwesterly of the following described line: Commencing at the southwest corner of said Lot 19, thence on the plat bearing of North 40 degrees 24 minutes 48 seconds East, along the west line of said Lot 19, a distance of 99.6 feet to the point of beginning of the line to be described, thence South 49 degrees 57 minutes 50 seconds East a distance of 92.6 feet to a point on the east line of said Lot 19, said point being 57.0 feet southwest of the northeast corner of said Lot 19, as measured along said east line thereof and said line there terminating, except those parts thereof lying within the northwesterly 6.00 feet of said Lot 19 and lying within the southeasterly 6.00 feet of said Lot 19. 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; NOW THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Monticello ordains that the above described drainage and utility easements are vacated; and BE IT FURTHER RESOLVED, that the City shall require the property owner to enter into an agreement holding the City harmless in the event there are any existing private utilities that are negatively impacted by vacation of this drainage and utility easement. ADOPTED BY the Monticello City Council this 25th day of April, 2011. CITY OF MONTICELLO t "o Clint Herbst, Mayor ATTEST: 0 _a�'l 6 /&"� Y) JefcolF�* ,City Administrator CERTIFICATION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby certify that the foregoing is a true and correct copy of a resolution duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on April 25, 2011, and recorded in minutes of said meeting. r - nlz=25:�� (:2ym kb' ' 1, City Administrator Notary Public: . 'bA44--,'7 Date: KERRY T. BUFF �!► Nar�aY �ueuc• � ,. My Carar�salon ,pa 3t, �