04-68CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2004— 6cg
RESOLUTION APPROVING VACATION OF PORTION OF A DRAINAGE AND
UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT LOCATED
ON LOTS 3 AND 4, BLOCK 5 IN THE PLAT KNOWN AS MARTIN FARMS
WHEREAS, the City of Otsego has received a request to vacate the above-described
portion of a drainage and utility easement from Eldon Martin; and
WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacation; and
WHEREAS, that portion of the established drainage and utility easement to be
vacated is described as follows:
See Exhibit A.
WHEREAS, the City Council has determined that vacating said portion of the above
described drainage and utility easement would be in the public interest; and
WHEREAS, the City of Otsego having considered testimony related to the
proposed vacation of that portion of the drainage and utility easement so described;
and
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacations at 6:30 p.m. on the 8t' day of November, 2004, at the Otsego City
Hall; and
WHEREAS, all legal requirements regarding giving notice have been satisfied; and
1
WHEREAS, the City Council did meet on the 8th day of November, 2004, at the
Otsego City Hall and heard all parties interested therein, and;
WHEREAS, it now appears to the Otsego City Council that such portion of said
drainage and utility easement serves no useful purpose;
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the portion of the drainage and utility easement located on Lots 3 and 4, Block
5, MARTIN FARMS in the City of Otsego, Wright County, Minnesota, described in
Exhibit A is hereby vacated with all related costs being the responsibility of Eldon
Martin.
2. The City Council hereby determines that vacations of said portion of the said drainage
and utility easement shall cause no damage to any abutting or nearby property
owners and therefore no damages are awarded to any such property owners.
Motion for adoption of resolution by Vern Hei caner , seconded by
Dan Scharber at the meeting of the Otsego City Council on the 8th day of
November, 2004.
INFAVOR: Mayor Fournier; Councilmembers: Heidner, Scharber, Wendel and
Struthers
OPPOSED: NONE
2
CITY OF OTSEGO
936826
c
9:36�82f
2004 Westwood Professional Services, Inc.
SKETCH AND DESCRIPTION PROPOSED EA SEMEN T VA CA TION DESCRIP TION:
I
That part of the west 5.00 feet of Lot 3, Block 5,
S89006'56V 386.48 1 — MARTIN FARMS, according to the recorded plat thereof,
156.72Wright Wright County, Minnesota, lying south of the north
r-------T-------A----- -15 10.00 feet thereof and north of a line commencing at
i I the southwest corner of said Lot 3, Block 5; thence
-SOUTH UNE OF THE f SOUTH LINE OF THE I
NORTH 10.00 FEET NORTH 10.00 FEET
North 00 degrees 49 minutes 25 seconds West,
p , � �
DRAINAGE AND UTILITY I OF LOT 4, BLOCK 5 ' OF LOT 3, BLOCK 5 I assumed bearing, along the west line of said Lot 3,
EASEMENT PER PLAT ' W 5 I Block 5, 71.85 feet to the point of beginning to the
W Q ( line to be described; thence South 86 degrees 06
1 Q minutes 28 seconds East 5.02 feet to said east line
of the west 5.00 feet of said Lot 3, Block 5, and
r Q)� 'i o5,J
I there terminating.
I AND
C3 I That part of the east 5.00 feet of Lot 4, Block 5,
5 ` o I MARTIN FARMS, according to the recorded plot thereof,
00 560 62i C) z I Wright County, Minnesota, lying south of the north
5 Q 10.00 feet thereof and north of a line commencing at
l` �p the southeast corner of said Lot 4, Block 5, thence
N I I I North 00 degrees 49 minutes 25 seconds West,
_ r assumed bearing, along the east line of said Lot 4,
Block 5, 71.86 feet to the point of beginning to the
LLJ I \ WEST LINE OF THE -
4 N \ 4 EAST 5.00 FEET OF ' 5 3 I N line to be described; thence North 61 degrees 56
LOT 4, BLOCK 5 I minutes 03 seconds West 5.71 feet to said west line
of the east 5.00 feet of said Lot 4, Block 5, and there
I
46�0 ;h�, ",) — -EAST LINE OF E d'
O
WEST 5.00 FEET OF I terminating.
LOT 3, BLOCK 5 I O
I\ /j0 '. ) I V)
WETLAND \ sz \ I This is not a 'Boundary Survey"
15
S86006'28'E 746.98
h o DRAINAGE AND UTILITY I
EAST LINE OF—
N' EASEMENT PER PLA T
--yyEST LINE OF
` — � � �-- '
I LOT 4, BLOCK 5 '
��, LOT 3,' BLOCK 5 scale: 1 inch = 40.00 feet
J o'er WETLAND
Z i REQUESTED BY -
SOUTHEAST CORNER — -SOUTHWEST CORNER OF LOT 4, BLOCK 5 \ OF LOT 3, BLOCK 5 Eldon Martin
17, N89°f0' E 206.03 _ , 1
Westwood Professional Services, Inc.
— _ 7599 Anagram Drive
Eden Prairie, MN 55344
/ Phone.952-937-5150 Fax: 02-937-S822
Drawn b)-TiDate' Job No:
D 10/12/04 7nn4261 n
2004261OESF01. DWG