City Council Resolution 2012-20CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012 -020
VACATION OF DRAINAGE AND UTILITY EASEMENTS AND
ESTABLISHMENT OF AN ENCROACHMENT LICENSE AGREEMENT
LOT 8, BLOCK 1, MEADOW OAK 4' ADDITION
WHEREAS, the City of Monticello did receive a petition on February 10, 2012, from the owner
of Lot 8, Block 1, Meadow Oak 4b Addition requesting vacation of the 12 foot drainage and
utility easement lying along the southern boundary of said lot; and
WHEREAS, the City published notice of a Public Hearing to be held on February 27, 2012, to
review and revise previous action vacating a portion of the drainage and utility easement lying
along the southern boundary of Lot 8, Block 1, Meadow Oak 4u' Addition; and
WHEREAS, the property at Lot 8, Block 1, Meadow Oak 4th Addition contains a fence that was
constructed in the City right -of -way, which requires an encroachment license agreement in lieu
of removing the fence.
NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF
MONTICELLO, MINNESOTA: that the following described drainage and utility easement be
vacated:
The southerly 12.00 feet of Lot 8, Block 1, Meadow Oak 4`h Addition, according to the
recorded plat thereof on file in Wright County, Minnesota, extending along the southern
boundary of said lot, as legally described in Attachment A and shown on the Official
Certificate of Survey in Attachment B.
NOW THEREFORE, BE IT FURTHER RESOLVED: that granting of said vacation is subject
to the following conditions:
• Property owner shall provide a revised Certificate of Survey showing the reestablishment
of drainage and utility easements.
• Property owner shall provide a complete and accurate legal description of the drainage
and utility easement area to be vacated.
• Property owner shall be responsible for removing the fence from the right -of -way should
the fence ever conflict with the use of the right -of -way.
• The City shall continue to maintain the 6 foot drainage and utility easement on the west
perimeter (rear lot line) and the 12 foot drainage and utility easement on the east
perimeter (front lot line).
NOW THEREFORE, BE IT FURTHER RESOLVED: that the Monticello City Council
approves the Encroachment License Agreement as shown in Attachment C.
ADOPTED BY the Monticello City Council this 27th day of February, 2012.
CITY OF MONTICELLO
ez
Clint Herbst, Mayor
ATTEST:
Jeff OX W, Administrator
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I hereby certify that the foregoing is a true and correct copy of Resolution 42012 -020
duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on
February 27, 2012, and recorded in minutes of said meeting.
Je ! ' City Administrator
Notary Public: /SM
Date: 3 / S / /;)—
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q KERRY T. BURRI
NOTA
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ATTACHMENT "A"
Attach legal description for D &U easement
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ATTACHMENT "B"
Attach Official Certificate of Survey
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Attach Encroachment License Agreement