City Council Resolution 2011-37CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2011-37
DENYING VACATION OF A PORTION OF DRAINAGE & UTILITY EASEMENTS
UPON PETITION OF THE LANDOWNERS FOR LOT 6, BLOCK 1,
MONTICELLO TRAVEL CENTER 2ND ADDITION
WHEREAS, an application and petition requesting vacation of a portion of drainage and utility
easements and signed by the property owners of Lot 6, Block 1, Monticello Travel Center 2nd
Addition in the City of Monticello, was received by the City Clerk on the 31 st day of March,
2011; 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, the City Clerk reviewed and examined the signatures on said petition and
determined that said signatures constituted a majority of the landowners abutting upon the
portion of said street proposed to be vacated; 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, and all interested and affected persons were given an opportunity to voice
their concerns and be heard:
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 3 8
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 proposed 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 RESOL VED BY THE CITY COUNCIL OF
MONTICELLO, MINNESOTA, that such petition for vacation is hereby denied based on the
following findings:
• Property owners can make reasonable use of their property as it is configured today,
without the proposed easement vacation; and
• The vacation of said portion of drainage and utility easement would not be in the best
interest of the public because there is a possibility that it may be needed in the future; and
• The proposed vacation is not consistent with the approved plan for the Planned Unit
Development for Monticello Travel Center 2nd Addition.
ADOPTED BY the City Council of Monticello, Minnesota this 9th day of May, 2011.
ATTEST:
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Jeff ity Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
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CITY OF MONTICELLO
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Clint Herbst, Mayor
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