City Council Resolution 2013-40CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-040
APPROVING VACATION OF A PORTION OF MINNESOTA STREET
LYING SOUTH OF WEST 7TH STREET AND RETAINING DRAINAGE & UTILITY
EASEMENTS
WHEREAS, pursuant to Minnesota Statutes Section 412.851, a resolution was approved by the
Monticello City Council on April 22, 2013, calling for a public hearing on May 13, 2013, to
consider vacation of a portion of Minnesota Street lying south of West 7th Street in the city of
Monticello; legally described as:
That part of Minnesota Street as dedicated in the Plat of Kirkman Addition in the
City of Monticello, as is on file and of record in the Office of the County Recorder,
in and for Wright County, Minnesota and that part of Minnesota Street in the
Northwest Quarter of the Southwest Quarter, Section 11, Township 121, Range 25,
which lies northerly of the northerly Right of Way Line of Interstate 94 and
southerly of the of the following described line: Commencing at the northwest
corner of Lot 1, Block 1 said Kirkman Addition; thence North 89 degrees 53
minutes 44 seconds West, assumed bearing along the westerly extension of the north
line of said Lot 1, 31.39 feet; thence South 85 degrees 02 minutes 30 seconds West,
33.01 feet to the westerly Right of Way line of Minnesota street and said line there
terminating.
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WHEREAS, a public hearing to consider the proposed vacation of said street was held on May
13, 2013 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 April, 2013, and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, following the hearing and consideration of the proposed vacation, the City Council
has determined that the portion of Minnesota Street proposed to be vacated has not been
improved and is not needed for a future road as a result of a new right of way alignment being
dedicated to the City nearby, but that the right of way should be partially preserved for utility
right of way purposes, and;
WHEREAS, the City Council has further determined that it is in the public interest to vacate the
above -noted right of way for road purposes and to retain and preserve the drainage and utility
easement over the proposed vacated road, and;
WHEREAS, pursuant to Minnesota Statute 462.358, any person, corporation, or public body
owning or controlling easements contained over and across the property 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 RESOLVED BY THE CITY COUNCIL OF
MONTICELLO, MINNESOTA: that the above described portion of Minnesota Street is hereby
vacated for road or street purposes, but the City reserves a drainage and utility easement for any
existing or future drainage or utility use, with the following contingencies:
1. The vacated land shall be subject to uses outlined in the Monticello Zoning
Ordinance, Section 3.3(A) — Building within Public Easements Prohibited.
2. If private utilities exist within the easement area to be vacated, it would be the
property owner's responsibility to work with the private utilities to relocate their
utilities, if necessary.
BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution; and
BE IT FURTHER RESOLVED, that the City Clerk shall prepare a notice of completion of the
proceedings and record said vacation with the County Recorder and County Auditor.
ADOPTED BYthe City Council of Monticello, Minnesota this 13th day of May, 2013.
CITY OF MONTICELLO
/w/�Z/
Clint Herbst, Mayor
ATTEST:
Jeff ^AOity Administrator
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I hereby certify that the foregoing is a true and correct copy of Resolution #2013 -040
duly passed, adopted and approved by the Monticello City Council at their regularly scheduled
meeting on May 13th, 2013 and recorded in minutes of said meeting.
�w 1, City Administrator
Notary Public: Wl�
Date: S--11-13-
(STAMP)
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