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City Council Resolution 2012-49CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2012-049 APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS AND APPROVING ADMINISTRATIVE LOT COMBINATION, LOTS 11 AND 12, BLOCK 3, CARLISLE VILLAGE 4TH ADDITION WHEREAS, the City of Monticello did receive a petition dated May 7, 2012, from the owner of Lots 11 and 12, Block 3, Carlisle Village 4th Addition requesting vacation of a portion of the 12 foot drainage and utility easement on the boundary lying between said lots; and WHEREAS, the owner of Lots 11 and 12, Block 3, Carlisle Village 4`h Addition also requested an Administrative Lot Combination of said Lots 11 and 12 subject to vacation of the easement; and WHEREAS, on May 17 and 24, 2012, the City published notice of a Public Hearing to be held on May 29, 2012, to consider vacating a portion of the drainage and utility easement on the boundary lying between Lots 11 and 12, Block 3, Carlisle Village 4ffi Addition; and WHEREAS, on May 16, 2012, affected property owners were mailed a notice of the Public Hearing to be held May 29, 2012; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that the following described portion of drainage and utility easements be vacated: Legal description for the vacation of a portion of Lot 11, Block 3, CARLISLE VILLAGE 4TH ADDITION: That part of the existing 6.00 foot drainage and utility easement over the northerly 6.00 feet of Lot 11, Block 3, CARLISLE VILLAGE 4TH ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, which lies easterly of the westerly 12.00 foot of said Lot 11, and also which lies westerly of the easterly 12.00 feet of said Lot 11. Legal description for the vacation of a portion of Lot 12, Block 3, CARLISLE VILLAGE 4TH ADDITION: That part of the existing 6.00 foot drainage and utility easement over the southerly 6.00 feet of Lot 12, Block 3, CARLISLE VILLAGE 4TH ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, which lies easterly of the west 12.00 foot of said Lot 12, and also which lies westerly of the easterly 6.00 feet of said Lot 12. NOW THEREFORE, BE IT FURTHER RESOLVED: that the Monticello City Council approves the Administrative Lot Combination of Lots 11 and 12, Block 3, Carlisle Village 4th Addition described as follows: New combined legal description of Lots 11 and 12, Block 3, Carlisle Village 0 Addition: All that part of Lot 11 and Lot 12, Block 3, CARLISLE VILLAGE 4TH ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota. NOW THEREFORE, BE IT FURTHER RESOLVED: that granting of said vacation is subject to the following conditions: • Property owner shall provide a revised Certificate of Survey showing the reestablishment of drainage and utility easements and showing the combined Lots 11 and 12. • The City shall continue to maintain the remaining drainage and utility easement on the perimeter of the property. • 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. • Property may be subject to double assessment for future road improvements, based on original two lots. ADOPTED BY the Monticello City Council this 29�' day of May, 2012. CITY OF WNT ICELLO Clint Herbst, Mayor ATTEST: Jeff r Administrator CERTIFICATION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby certify that the foregoing is a true and correct copy of Resolution #2012 -049 duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on May 29, 2012, and recorded in minutes of said meeting. J O' 1, City Administrator Notary Public: Date: �1 { /� KERRYT.BURRI q§ j NOTARY pUSUC• MINNESOTA M1 MY CSmmisslsnEq�lrsa Jan. 31,2015 ATTACHMENT "A" Attach legal description for D &U easement Legal description for the vacation of a portion of Lot 11, Block 3, CARLISLE VILLAGE 4TH ADDITION: That part of the existing 6.00 foot drainage and utility easement over the northerly 6.00 feet of Lot 11, Block 3, CARLISLE VILLAGE 4TH ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, which lies easterly of the westerly 12.00 foot of said Lot 11, and also which lies westerly of the easterly 12.00 feet of said Lot 11. Legal description for the vacation of a portion of Lot 12, Block 3, CARLISLE VILLAGE 4TH ADDITION: That part of the existing 6.00 foot drainage and utility easement over the southerly 6.00 feet of Lot 12, Block 3, CARLISLE VILLAGE 4TH ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, which lies easterly of the west 12.00 foot of said Lot 12, and also which lies westerly of the easterly 6.00 feet of said Lot 12. ATTACHMENT `B" Attach legal description for Lot Combination New combined legal description of Lots 11 and 12, Block 3, Carlisle Village 4th Addition. All that part of Lot 11 and Lot 12, Block 3, CARLISLE VILLAGE 4TH ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota.