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City Council Resolution 2013-40CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013-040 APPROVING VACATION OF A PORTION OF MINNESOTA STREET LYING SOUTH OF WEST 7TH STREET AND RETAINING DRAINAGE & UTILITY EASEMENTS WHEREAS, pursuant to Minnesota Statutes Section 412.851, a resolution was approved by the Monticello City Council on April 22, 2013, calling for a public hearing on May 13, 2013, to consider vacation of a portion of Minnesota Street lying south of West 7th Street in the city of Monticello; legally described as: That part of Minnesota Street as dedicated in the Plat of Kirkman Addition in the City of Monticello, as is on file and of record in the Office of the County Recorder, in and for Wright County, Minnesota and that part of Minnesota Street in the Northwest Quarter of the Southwest Quarter, Section 11, Township 121, Range 25, which lies northerly of the northerly Right of Way Line of Interstate 94 and southerly of the of the following described line: Commencing at the northwest corner of Lot 1, Block 1 said Kirkman Addition; thence North 89 degrees 53 minutes 44 seconds West, assumed bearing along the westerly extension of the north line of said Lot 1, 31.39 feet; thence South 85 degrees 02 minutes 30 seconds West, 33.01 feet to the westerly Right of Way line of Minnesota street and said line there terminating. me WHEREAS, a public hearing to consider the proposed vacation of said street was held on May 13, 2013 at 7 p.m. before the City Council in the Monticello City Council Chambers after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the 30th day of April, 2013, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, following the hearing and consideration of the proposed vacation, the City Council has determined that the portion of Minnesota Street proposed to be vacated has not been improved and is not needed for a future road as a result of a new right of way alignment being dedicated to the City nearby, but that the right of way should be partially preserved for utility right of way purposes, and; WHEREAS, the City Council has further determined that it is in the public interest to vacate the above -noted right of way for road purposes and to retain and preserve the drainage and utility easement over the proposed vacated road, and; WHEREAS, 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; and NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that the above described portion of Minnesota Street is hereby vacated for road or street purposes, but the City reserves a drainage and utility easement for any existing or future drainage or utility use, with the following contingencies: 1. The vacated land shall be subject to uses outlined in the Monticello Zoning Ordinance, Section 3.3(A) — Building within Public Easements Prohibited. 2. If private utilities exist within the easement area to be vacated, it would be the property owner's responsibility to work with the private utilities to relocate their utilities, if necessary. 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 vacation with the County Recorder and County Auditor. ADOPTED BYthe City Council of Monticello, Minnesota this 13th day of May, 2013. CITY OF MONTICELLO /w/�Z/ Clint Herbst, Mayor ATTEST: Jeff ^AOity Administrator CERTIFICATION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby certify that the foregoing is a true and correct copy of Resolution #2013 -040 duly passed, adopted and approved by the Monticello City Council at their regularly scheduled meeting on May 13th, 2013 and recorded in minutes of said meeting. �w 1, City Administrator Notary Public: Wl� Date: S--11-13- (STAMP) x'y BURRI I RYPUSUMINNESOTA My ftmisslon EVIres Jan. 31, 2616