City Council Resolution 2014-31ACITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2014-031A
RESCINDING THE LEGAL DESCRIPTION APPROVED WITH VACATION OF
OTTER CREEK ROAD RIGHT -OF -WAY ADJACENT TO PINE VIEW ADDITION
AND APPROVE AMENDED LEGAL DESCRIPTION FOR A PORTION OF OTTER
CREEK ROAD RIGHT -OF -WAY
WHEREAS, the City of Monticello received a petition dated February 11, 2014, from Kent
Kjellberg, 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 24, 2014, the Monticello City Council held a public hearing to consider
said vacations as petitioned and adopted Resolution No. 2014 -031 approving the vacation of
Otter Creek Road right -of -way and vacation of drainage and utility easements; and
WHEREAS, Wright County Surveyor's Office has determined that the legal description
describing the proposed vacation of the public street right -of -way known as Otter Creek Road
included a portion of right -of -way that could not be conveyed to adjacent property owner, K. K.
Construction, Inc., resulting in the need for corrections to the legal description.
NO W THEREFORE, BE IT HEREB Y RESOL VED B Y THE CITY CO UNCIL OF
MONTICELLO, MINNESOTA; that the following description of vacated Otter Creek Road
right-of-way be rescinded:
Vacation Description of Public Street (Otter Creek Road ROW) to be rescinded:
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 3 5.3 2 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 amended description
of Otter Creek Road right -of -way be vacated:
Amended Description of Public Street (Otter Creek Road ROW) to be vacated:
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 line 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 70.77 feet
to the west line of RIVER TERRACE, according to the recorded plot thereof, Wright
County, Minnesota; thence South 0 degrees 18 minutes 18 seconds East along said west
line, a distance of 73.42 feet to the southwesterly corner of said RIVER TERRACE;
thence South 64 degrees East along the southwesterly line of said RIVER TERRACE, a
distance of 36.81 feet to the 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.
BE IT FURTHER RESOLVED: that granting of said vacation is subject to the following
conditions:
• 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.
ADOPTED BY the Monticello City Council this 14th day of July, 2014.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
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Jeff 11, City Administrator
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I hereby certify that the foregoing is a true and correct copy of Resolution #2014 -031 A
duly passed, adopted and approved by the Monticello City Council at their scheduled meeting on
July 14, 2014, and recorded in minutes of said meeting.
Cat ine M. ShumAq, Deputy City Clerk
Notary Public:
Date: e95 /
w VICKI JAN LEERHOFF
Notary Public- Minnesota
i k' My Commission Expires Jeri 31, 2016