City Council Resolution 2014-31CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2014-031
APPROVING VACATION OF A PORTION OF OTTER CREEK ROAD RIGHT -OF-
WAY AND VACATION OF DRAINAGE AND UTILITY EASEMENTS
ACROSS OUTLOT A AND LOTS 1 AND 2, BLOCK 1, PINE VIEW ADDITION
WHEREAS, the City of Monticello did receive a petition, dated February 11, 2014, from Kent
Kj ellberg, president of K. K. Construction, Inc. and property owner of Outlot A, and Lots 1 and
2 of Pine View Addition, requesting vacation of a portion of Otter Creek Road right -of -way
lying alongside Outlot A of Pine View Addition and vacation of drainage and utility easements
across Outlot A and Lots 1 and 2, Block 1 of Pine View Addition; and
WHEREAS, on March 6 and 13, 2014, the City published and posted notice of a Public Hearing
to be held on March 24, 2014, to consider said vacations as petitioned; and
WHEREAS, on March 13, 2014, affected property owners were mailed a notice of the Public
Hearing to be held March 24, 2014; and
WHEREAS, the City Council has determined that it is in the public interest to vacate said
portion of Otter Creek Road right -of -way, which is no longer used or needed as a public street.
However, 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.
NOW THEREFORE, BE IT HEREB Y RESOL VED BY THE CITY COUNCIL OF
MONTICELLO, MINNESOTA: that the following described portion of Otter Creek Road right -
of -way be vacated:
Vacation of Public Street (Otter Creek Road ROW):
That part of Government Lot 1 of Section 3, Township 121, Range 25, Wright County,
Minnesota described as follows: Commencing at the most northerly corner of PINE
VIEW, according to the recorded plat thereof, Wright County, Minnesota; thence on an
assumed bearing of South 0 degrees 18 minutes 18 seconds East along the west tine of
said PINE VIEW, a distance of 35.32 feet to the point of beginning of the land to be
described; thence South 27 degrees 29 minutes 21 seconds West, a distance of 120.27
feet to the east line of CREEKSIDE TERRACE, according to the recorded plat thereof,
Wright County,
Minnesota; thence South 0 degrees 03 minutes 00 seconds West along said east line, a
distance of 18.16 feet to the northwesterly extension of the southwesterly line of said
PINEVIEW; thence South 64 degrees East along said extension line, a distance of
62.69 feet to southwesterly corner of said PINE VIEW; thence North 0 degrees 18
minutes 18 seconds west along said west line of PINE VIEW, a distance of 152.33
feet to the point of beginning.
NOW THEREFORE, BE IT FURTHER RESOLVED: that the following described portion of
drainage and utility easements be vacated:
Vacation of Drainage and Utility Easements:
The drainage and utility easements across Outlot A and Lots 1 and 2, Block 1, PINE
VIEW, according to the recorded plat thereof, Wright County, Minnesota.
BE IT FURTHER RESOLVED: that granting of said vacation is subject to the following
conditions:
• Approval of the Pine View Second Addition preliminary plat by the City Council of the
City of Monticello.
• The applicant shall submit to the City a final plat for Pine View Second Addition
establishing plat perimeter and lot drainage and utility easements as required per the
Monticello Subdivision Ordinance.
• The final plat of record shall include the Wright County Recorder's document numbers
for the vacation of right of way and easements described herein.
• If private utilities exist within the easement area to be vacated, it will be the property
owner's responsibility to work with the private utilities to relocate their utilities.
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 vacations with the County Recorder and County Auditor.
ADOPTED BY the Monticello City Council this 24th day of March, 2014.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
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Jeff O' ity dministrator
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I hereby certify that the foregoing is a true and correct copy of Resolution 92014 -031
duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on
March 24, 2014, and recorded in minutes of said meeting.
Cath r' e M. Shuman, eputy City Clerk
Notary Public: C�
Date:
KERRY T. BURRI
f • , NOTARY PUBLIC • MINNESOTA
t My Commission Expires Jan. 31, 2015