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City Council Resolution 2001-73RESOLUTION NO. 2001-73 VACATING TEMPORARY CONSTRUCTION EASEMENT WHEREAS, the Monticello City Council has determined to vacate a temporary construction easement for public utility purposes in favor of the City of Monticello evidenced in the Quit Claim Deed dated September 19, 1979, and recorded November 5, 1979, as Document No. 342769 in the Wright County Recorder's office, and legally described in the attached Exhibit A; and WHEREAS, the Monticello City Council held a public hearing at 7 p.m. on October 22 , 2001, at the Monticello City Hall after proper published and posted notice given by the City Clerk/Administrator on October 11 , 2001 and October 18 , 2001, and all interested persons were given an opportunity to be heard, and WHEREAS, the City Council believes it is in the City of Monticello's best interest to vacate the temporary construction easement for public utility purposes; and WHEREAS, four-fifths (4/5) of all City Council members concur in this resolution, NOW, THEREFORE, the Monticello City Council resolves as follows: 1. The Monticello City Council vacates the temporary construction easement legally described in the attached Exhibit A. Adopted: October 22 , 2001 Mayo ATTEST: City Clerk/Administr or PSeptember 28, 2001:C2001 02 27 F:\DATA\15503\001\Resolution for Construction Vacation.wpd ham EXHIBIT A Legal Description A temporary construction easement for public utility purposes over, under, and across the southerly 20.00 feet of the northerly 40.00 feet of that part of the Northwest Quarter of Section 14, Township 121, Range 25, Wright County, Minnesota, described as follows: Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 14; thence North 89 degrees 14 minutes East, assumed bearing, along the north line of said Northeast Quarter of the Northwest Quarter a distance of 143.50 feet to the easterly right of way line of new Minnesota State Highway Number 25; thence South 19 degree West along said easterly right-of- way line a distance of 404.44 feet to the actual point of beginning; thence continue South 19 degrees West along said easterly right of way line, a distance of 313.63 feet to the north line of a tract described in a deed as recorded in Book 223 of Deeds, Pages 572 and 573; thence North 88 degrees 25 minutes East along said north line, a distance of 280.61 feet to the westerly right-of- way of a public road formerly known as Minnesota State Highway Number 25; thence North 28 degrees 05 minutes East along said westerly right-of-way line, a distance of 324.55 feet to a line which bears South 89 degrees 34 minutes 38 second East from the point of beginning; thence North 89 degrees 34 minutes 38 second West along said line a distance of 331.19 feet to the point of beginning. Except therefrom any permanent structures thereon. Property will be restored to same condition as prior to construction. Said temporary easement contains 6,600 square feet more or less. PSeptember 28, 200 LC2001 02 27 FADATA\15503\001\Resolution for Construction Vacation.wpd ham