RES 13-56CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF NLiNNESOTA
RESOLUTION NO. 2013-56
PORTION OF RIGHT OF WAY
RESOLUTION APPROVING VACATION Or
IN THE CITY OF OTSEGO, COUNTY OF WRIGHT- TURNBACK PROPS RTY
RELEASED BY THE STATE of MINNESOTA EFFECTIVE MARCH 1 2007
PURSUANT To NOTICE o RELEASE of TRUNK HIGHWAY NO. 1348 (A
PORTION of 60THSTRE ET AND QUEENS AVENUE) AND RI MRVING
EXISTING UTILITY EASEMENTS
WHEREAS, the City of Otsego has received a request to vacate the above-described
turnback from the affected property owner, Warehime Properties, LLC; and
WHEREAS, the City received a Notice of Release of Tninlc Highway No, 134$
dated February 20, 2007 releasing the property (a portion of 600' Street and Queens
Avenue) from the right of way of State Trunk Highway No. 10 1; and
WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacation; and
WHERE AS, that previous portion of the right of way for Trunk Highway 101
released by the State of Minnesota proposed to be vacated is described and
I
graphically depicted on attached Exhibit A ;and
WHERE AS, the City has not located any existing utilities to be maintained within
the easement area; and
WHEREAS, the City does not need to retain a utility easement for purposes o
sanitary sewer, water and storm sewer; and
WHEREAS, the City Council has determined that vacating the City's roadway
interest in the described portion of the t rnback and retaining any private utility
easement would be in the public interest; and
WRE, AS,, the City of Otsego having considered the testimony in favor and
opposed to vacating that portion of the tumback so described; and
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacation at 630 p.m. on the 28th day of October, 2013 at the Otsego City
Hall; and
WHEREAS, all legal requirements regarding giving notice have been satisfied; and
WHEI2EA5, the City Council did meet on the 28th day of October, 2013, at the
Otsego City Hall and heard all parties interested therein, and;
WHERE AS, it now appears to the Otsego City Council that such portion of said
turnback serves no useful purpose; and
WHERE AS, that the rights of utilities currently using the right of way, if any, reed
to be preserved.
NOW, THE R ORE, the City Council of the City of Otsego, Wright County,
Minnesota', hereby orders:
Y. That the portion of that furnback properly previously included as part of the Trunk
Highway idl right of way and released by the Stade of Minnesota (a portion of 60dl
Street and Queens Avenue) located in the City of Otsego, Wright County,
Minnesota, described as follows:
See Exbibit A
tj
is hereby vacated, subject to the rights of existing private utilities to maintain current
utilities within identified areas of the t m a k being vacated.
2. The City Council hereby determines that vacation of said turnback shall cause no
damage to any abutting or nearby property owners and therefore no damages are
awarded to any such property owners.
Motion for adaption of resolution by Heidner seconded by
Schroeder at the meeting of the Otsego City Council on the 28th day of
October, 2013.
INFAVOR: to amp, Heidner, S roeder ..
OPPOSE : Nome
C Y of OTSEGO
(; . �k lkzkdl�
les ca Stockamp, Mayor
Tam41—
,City Clerk
EXHIBIT
RCE i
.
The North 240 feet of the East Half of the Northwest Quarter of Seetion 2,
Township 120, Range 23, Wright County,, Minnesota, lying easterly of the easterly
right of way line of Minnesota State Highway to 1, s bicct to the following
described prescriptive road easement:
All that part of the above described PARCEL A lying 33.00 feet on either side of
Line "A"' described as commencing at the northeast corner of said East Half of the
Northwest Quarter; thence South 00 degrees 23 neintes 06 seconds West,
assumed bearing along the east lire of said East Half of the Northwest Quarter,
557.03 feet to the point of beginning of Line "A"; thence North 00 degrees 23
minutes 06 seconds East 238.22 feet; thence northwesterly along a tangential
curve concave to the southwest 469.82 feet, said curve having a radius of 300.00
feet and a central angle of 89 degrees 43 minutes 46 seconds* thence North 89
degrees 20 minutes 41 seconds West 221.76 feet to a point hereafter referred to as
Point "B" and said Line "X' there terminating. Together with all that part of the
above described PARCEL A described as lying within the circumference of a
circle with a radius of 60.00 feet and whose ccnter point is the above referred to
Point .
RIGHT of WAY:
All that part of the prescriptive road easement over PARCEL A lying southerly of
a line 3 0. 00 feet southerly of a Lire 'V" described as beginning at the northeast
corner of said East Half of the Northwest Quarter; thence south 89 degrees 45
minutes 43 seconds West, along the north line of said East Half of the Northwest
Quarter, 520.00 feet and said line there terminating, together with that part of said
prescriptive road easement over PARCEL .A lying outside of the circumference of
a circle with a radius of 50.00 feet and whose center point is the point of
termination of the above describe Line "C". together with that part of said
prescriptive road easement over PARCEL A lying westerly of the following
described Line B"
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Commencing at the northeast comer of said East Half of the Northwest Quarter;
thence South 89 degrees 45 minutes 43 seconds West, along the north line of said
East Half of the Northwest Quarter.,, assuming the east line of said East Half of the
Northwest Quarter hears South oo degrees 23 mi tes 06 seconds West, 122.64
feet; thence North oo degrees 15 minutes tes 55 scro ds East 50.00 feet to the point o
beginning of said Line "B"'; thence South oo degrees 15 minutes 55 seconds West
44.84 feet; thence South 00 degrees 15 minutes 55 seconds West 44.84 feet;
thence Southerly along a tangential curve concave to the east 136.14 feet, said
curve having a radius of 650.00 feet and a central angle of 12 degrees 00 minutes
00 seconds ; thence South I 1 degrees 44 minutes 05 seconds East 229.20 feet;
thence southerly along a tangential curve concave to the west 95.07 feet, said
curve having a radius of 450.00 feet and a central angle of 1.2 degrees 06 minutes
16 seconds; thence South oo degrees 22 minutes I I seconds West 150.00 feet and
said Line "B"' there terminating.