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City Council Resolution 2014-31CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014-031 APPROVING VACATION OF A PORTION OF OTTER CREEK ROAD RIGHT -OF- WAY AND VACATION OF DRAINAGE AND UTILITY EASEMENTS ACROSS OUTLOT A AND LOTS 1 AND 2, BLOCK 1, PINE VIEW ADDITION WHEREAS, the City of Monticello did receive a petition, dated February 11, 2014, from Kent Kj ellberg, president of K. K. Construction, Inc. and property owner of Outlot A, and Lots 1 and 2 of Pine View Addition, requesting vacation of a portion of Otter Creek Road right -of -way lying alongside Outlot A of Pine View Addition and vacation of drainage and utility easements across Outlot A and Lots 1 and 2, Block 1 of Pine View Addition; and WHEREAS, on March 6 and 13, 2014, the City published and posted notice of a Public Hearing to be held on March 24, 2014, to consider said vacations as petitioned; and WHEREAS, on March 13, 2014, affected property owners were mailed a notice of the Public Hearing to be held March 24, 2014; and WHEREAS, the City Council has determined that it is in the public interest to vacate said portion of Otter Creek Road right -of -way, which is no longer used or needed as a public street. However, 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. NOW THEREFORE, BE IT HEREB Y RESOL VED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that the following described portion of Otter Creek Road right - of -way be vacated: Vacation of Public Street (Otter Creek Road ROW): That part of Government Lot 1 of Section 3, Township 121, Range 25, Wright County, Minnesota described as follows: Commencing at the most northerly corner of PINE VIEW, according to the recorded plat thereof, Wright County, Minnesota; thence on an assumed bearing of South 0 degrees 18 minutes 18 seconds East along the west tine of said PINE VIEW, a distance of 35.32 feet to the point of beginning of the land to be described; thence South 27 degrees 29 minutes 21 seconds West, a distance of 120.27 feet to the east line of CREEKSIDE TERRACE, according to the recorded plat thereof, Wright County, Minnesota; thence South 0 degrees 03 minutes 00 seconds West along said east line, a distance of 18.16 feet to the northwesterly extension of the southwesterly line of said PINEVIEW; thence South 64 degrees East along said extension line, a distance of 62.69 feet to southwesterly corner of said PINE VIEW; thence North 0 degrees 18 minutes 18 seconds west along said west line of PINE VIEW, a distance of 152.33 feet to the point of beginning. NOW THEREFORE, BE IT FURTHER RESOLVED: that the following described portion of drainage and utility easements be vacated: Vacation of Drainage and Utility Easements: The drainage and utility easements across Outlot A and Lots 1 and 2, Block 1, PINE VIEW, according to the recorded plat thereof, Wright County, Minnesota. BE IT FURTHER RESOLVED: that granting of said vacation is subject to the following conditions: • Approval of the Pine View Second Addition preliminary plat by the City Council of the City of Monticello. • The applicant shall submit to the City a final plat for Pine View Second Addition establishing plat perimeter and lot drainage and utility easements as required per the Monticello Subdivision Ordinance. • The final plat of record shall include the Wright County Recorder's document numbers for the vacation of right of way and easements described herein. • 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. 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 vacations with the County Recorder and County Auditor. ADOPTED BY the Monticello City Council this 24th day of March, 2014. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: �2� <-�, ems. Jeff O' ity dministrator CERTIFICATION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby certify that the foregoing is a true and correct copy of Resolution 92014 -031 duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on March 24, 2014, and recorded in minutes of said meeting. Cath r' e M. Shuman, eputy City Clerk Notary Public: C� Date: KERRY T. BURRI f • , NOTARY PUBLIC • MINNESOTA t My Commission Expires Jan. 31, 2015