4.1 Boulder Pass 4th Addition Vacation
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 12 June 2023
PRESENTER(s) REVIEWED BY: ITEM #:
City Planner Licht City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
4.1 – Boulder Pass Vacation
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends vacation of existing public right-of-way.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No
Yes, to held by City Council 12 June 2023.
BACKGROUND/JUSTIFICATION:
M/I Homes of Minneapolis/St. Paul, LLC has submitted application to final plat Boulder Pass 4th Addition,
which is located at the northwest quadrant of 70th Street (CSAH 38) and Quaday Avenue. The preliminary
plat for Boulder Pass was approved by the City Council on 12 October 2009 and allowed for gravel
excavation for export to bring the property to the planned grades prior to final platting. The final plat will
not be considered until a later date as the developer is not intending construction in 2023.
However, the title commitment for the property identified an issue with existing right-of-way. Otsego
Township adopted a right-of-way map, which was been an approach taken by townships to establish public
rights-of-way for roads that existed by prescriptive easement. The title documents for the subject site
identify existing of right-of-way for Parsons Avenue in accordance with the Otsego Township map at its
previous alignment. The street has been relocated to the west as Quaday Avenue at its current alignment.
The previous Parsons Avenue right-of-way overlays an outlot owned by the City for stormwater purposes
and a portion of the condominium base lot for The Pointe townhouse development. The right-of-way
serves no public purpose and is to be vacated.
SUPPORTING DOCUMENTS ATTACHED:
▪ Resolution 2023-43
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2023-43 approving vacation of existing public right-of-way.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2023-43
APPROVING VACATION OF EXISTING
PUBLIC RIGHT-OF-WAY
WHEREAS, M/I Homes of Minneapolis/St. Paul, LLC has initiated vacation of existing drainage and utility
easements dedicated for Quaday Avenue as described by Exhibit A; and,
WHEREAS, the City Engineer has reviewed request and determined that the public right-of-way is
unnecessary for public purposes; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 12 June 2023 to consider
the vacation, preceded by required published and mailed legal notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the public hearing.
WHEREAS, the Request for Council Action dated 12 June 2023 prepared by the City Planner, The
Planning Company LLC, is incorporated herein; and,
WHEREAS, the City Council having considered all information received finds that the existing drainage
and utility easements serve no useful public purpose and vacating the public right-of-way would be in
the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. That the existing public right-of-way described by Exhibit A is hereby vacated.
2. The City Council hereby determines that the vacation of said existing right-of-way shall cause no
damage to any abutting or nearby property owners and therefore no damages are awarded to
any such property owners.
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MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 12th day of June, 2023.
CITY OF OTSEGO
BY:______________________________
Jessica L. Stockamp, Mayor
ATTEST:______________________________
Audra Etzel, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
A 66.00 foot easement for public right of way purposes across the following described property:
The Southwest Quarter of Section 26 and the Southeast Quarter of Section 27 all in Township
121, Range 23, Wright County, Minnesota.
The center line of said easement is described as follows:
Commencing at the southeast corner of said Southeast Quarter; thence South 89° 58’ 16” West
assuming the south line of said Southeast Quarter bears North 89° 57’ 38” West, a distance of
846.91 feet to the point of beginning of said center line to be described; thence North 41° 48”
41” East, a distance of 329.68 feet; thence northerly along a tangential curve concave to the
west having a radius of 550.60 feet and a central angle of 27° 40’ 35”, a distance of 265.97 feet;
thence North 14° 08’ 06” East tangent to said curve, a distance of 226.12 feet; thence
northeasterly along a tangential curve concave to the southeast having a radius of 662.96 feet
and a central angle of 27° 48’ 03”, a distance of 321.68 feet; thence North 41° 56’ 09” East
tangent to said curve, a distance 565.98 feet to the center line of a township road and said
center line there terminating.
The side lines of said easement are to be prolonged or shortened to terminate on the south line of said
Southeast Quarter of Section 27 and said center line of a township road.