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City Council Resolution 2001-72RESOLUTION NO. 2001-72 VACATING PUBLIC UTILITY EASEMENT WHEREAS, the Monticello City Council has determined to vacate a utility easement in favor of the City of Monticello evidenced in the Quit Claim Deed dated October 18, 1977, and recorded on February 17, 1978, as Document No. 322868 in the Wright County Recorder's office, and legally described in the attached Exhibit A; and WHEREAS, the Monticello City Council held a public hearing at I p.m. on October 22 31 200 1, at the Monticello City Hall after proper published and posted notice given by the City Clerk/Administrator on October 11 , 2001 and October 18 , 2001, and all interested persons were given an opportunity to be heard, and WHEREAS, the City Council believes it is in the City of Monticello's best interest to vacate the utility easement; and WHEREAS, four-fifths (4/5) of all City Council members concur in this resolution, NOW, THEREFORE, the Monticello City Council resolves as follows: 1. The Monticello City Council vacates the utility easement legally described in the attached Exhibit A. Adopted: October 22 512001 `M­ayof ATTEST: City Clerk/Administrkfor Neptember 28, 2001:C2001 02 27 FADATA\15503\001\Resolution for Utility Vacation.wpd harm EXHIBIT A Legal Description A permanent easement for public utility purposes over, under, and across the northerly 20.00 feet of that part of the NW1/4 of Section 14, Township 121, Range 25, Wright County, Minnesota, described as follows: Commencing at the northwest corner of the NEI/4 of the NW 1 /4 of said Section 14; thence N 89° 14' E (assumed bearing) along the north line of said NE 1/4 of the NW1/4, a distance of 143.50 feet to the easterly right of way line of new Minnesota State Highway Number 25; thence S 19° W along said easterly right of way line, a distance of 404.44 feet to the actual point of beginning; thence continue S 19° W along said easterly right of way line, a distance of 313.63 feet to the north line of a tract described in a deed as recorded in Book 223 of Deeds, Pages 572 and 573; thence N 88° 25'E along said north line, a distance of 280.61 feet to the westerly right of way line of a public road formerly known as Minnesota State Highway Number 25; thence N 28° OTE along said westerly right of way line, a distance of 324.55 feet to a line which is bearing S 89° 34'38" E from the point of beginning; thence N 89° 34'38" W along said line, a distance of 331.19 feet to the point of beginning. Containing 2.039 acres. PSeptember 28, 2001:C2001 02 27 FA\DATA\15503\001\Resolution for Utility Vacation.wpd ham