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City Council Resolution 2011-32CITY OF MONTICELLO WRIGHT COUNTY MINNESOTA RESOLUTION NO. 2011-32 APPROVE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENTS, UPON PETITION OF THE PROPERTY OWNERS, FOR LOT 6, BLOCK 1, MONTICELLO TRAVEL CENTER 2ND ADDITION WHEREAS, on March 31, 2011, an application and petition, signed by the property owners 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, 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 portion of Lot 6, Block 1, Monticello Travel Center Second Addition, Wright County Minnesota, described as follows: Commencing at the most southerly corner of said Lot 6; thence North 62 degrees 38 minutes 15 seconds West, plat bearing, along the southerly line of said Lot 6 a distance of 14.99 feet; thence North 13 degrees 08 minutes 31 seconds East a distance of 6.19 feet to a line parallel with and 6.00 feet northerly of said southerly line; thence South 62 degrees 38 minutes 15 seconds East, along said parallel line, a distance of 4.44 feet to a line parallel with and 12.00 feet westerly of the easterly line of said Lot 6 and the point of beginning of the land to be described; thence return North 62 degrees 38 minutes 15 seconds West a distance of 4.44 feet; thence North 13 degrees 08 minutes 31 seconds East a distance of 153.09 feet; thence North 34 degrees 02 minutes 46 seconds West a distance of 65.12 feet to a line parallel with and 12.00 feet southwesterly of the northeasterly line of said Lot 6; thence South 47 degrees 56 minutes 00 seconds East, along said parallel line, a distance of 49.84 feet; thence South 03 degrees 51 minutes 50 seconds West a distance of 10.55 feet; thence South 35 degrees 59 minutes 35 seconds East a distance of 8.27 feet; thence South 62 degrees 48 minutes 41 seconds East a distance of 12.49 feet; thence South 13 degrees 51 minutes 29 seconds West a distance of 115.30 feet to a line parallel with and 12.00 feet westerly of the easterly line of said Lot 6; thence southerly along said parallel line a distance of 41.45 feet to the point of beginning. 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 HEREB Y RESOL VED, that the City Council of the City of Monticello ordains that the above described drainage and utility easements are vacated. BE IT FURTHER RESOLVED, that the vacation of above described drainage and utility easements is contingent upon the sale and closing of the property; and BE IT FURTHER RESOLVED, that the property owner, or their buyer upon closing of the property, shall be responsible for relocation of private utilities in the easement area. ADOPTED BY the Monticello City Council this 25th day of April, 2011. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: Jeff O'Neill, 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. Jeff O'Neill, City Administrator Notary Public: Date: (STAMP)