96-24CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION OF THE OTSEGO CITY COUNCIL FOR THE VACATION OF A
PORTION OF O'DEAN AVENUE NE
RESOLUTION NO. 96-24_.
WHEREAS, upon it own motion, pursuant to Minn. Stat. 412.851, the
City Council has determined that it would be in the best interests
of the City to vacate a portion of "O'Dean Avenue," and;
WHEREAS, the City of Otsego, in cooperation with the County of
Wright, in order to facilitate the acquisition of Right of Way for
the realignment and construction of:
O'Dean Avenue NE from County State Aid Highway No. 37 to a point
0.14 miles north of County State Aid Highway No. 37, and
County State Aid Highway No. 37 (70th Street) from a point 0.34
miles west of the intersection with O'Dean Avenue NE to a point
0.25 miles east of said intersection.
in accordance with Minn. Stat. 160.085, did file in the office of
the County Recorder and in the office of the Registrar of Titles,
WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29 and 33; and
WHEREAS, said realignment and change in location of said County
State Aid Highway No. 37 has created parts or portions of old right
of way are no longer needed for the repair and protection of said
County State Aid Highway No. 37, maintaining any utility, or access
to any property; and
WHEREAS it appears that all affected property owners are in
agreement with said vacation, and;
WHEREAS, said portion of O'Dean Avenue N.E. is publicly dedicated
and does appear on the recorded map of Town Roads of the Town of
Otsego. The portion to be vacated is as depicted on WRIGHT COUNTY
HIGHWAY RIGHT OF WAY NO. 33 and is described as follows:
See Attachment A
and said road is presently not needed for the public purposes for
which it was laid out, and;
WHEREAS, the Town of Otsego was duly incorporated as the City of
Otsego by order of the Minnesota Municipal Board effective November
15, 1990; and
WHEREAS, the City Council has ordered a meeting to act upon the
proposed vacation on October 14, 1996 at 6;30 p.m. at the Otsego
City Hall, and;
WHEREAS all legal requirements regarding giving notice have been
satisfied, and;
WHEREAS, the City Council did meet on October 14, 1996 at 6;30 p.m.
, at the Otsego City Hall and has examined the road proposed to be
vacated and heard all parties interested therein, and;
WHEREAS, it now appears to the Otsego City Council that such
portion of said road is no longer needed for the public purposes
for which it was laid out;
NOW THEREFORE, the Otsego City Council, Wright County, Minnesota,
hereby orders that certain portion of that road, known as O'Dean
Avenue NE and depicted on WRIGHT COUNTY RIGHT OF WAY PLAT NO. 33
and described as follows:
See Attachment A
be and hereby is vacated.
Passed this 4. day of October , 1996.
In Favor: Norman F Freske, Mayor, Ron Black, Suzanne Ackerman, Larry
Fournier and Vern Heidner, Council Members
Opposed:
No One
Mayor, City of Otsego
NORMAN F FRESKE
AT ST•
ity Clerk
ELAINE BEATTY
J
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
NOTICE OF COMPLETION OF PROCEEDINGS
VACATION OF A PORTION OF O'DEAN AVENUE NE
The City of Otsego, Wright County, Minnesota, did, on the 14th day
of October, 1996, by resolution duly passed, vacate that portion of
O'Dean Avenue NE described as follows:
See Attachment A.
Said vacation affects the following real property:
See Attachment B.
The following Council Members voted in favor of the resolution:
Dated: 10114196
Elaine Beatty
City Clerk
DRAFTED BY:
RADZWILL & COURI LAW OFFICE
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
ENTERED INTO THE TRANSFER RECORD.
ATTACHMENT A
All that part of the following Parcels, according to the recorded
plat of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 33, shown as
"R/W TO BE VACATED$' that portion of which is further described as
"O'DEAN AVE." on said plat;
PARCEL A, containing 0.33 acres more or less,
PARCEL B, containing 0.25 acres more or less.
ATTACE31ENT H
The following is a description of the properties that the O'Dean
Avenue NE vacation will pass through and be affected by:
Owner: Jerome Kolles
Property Description: Part of the Southeast 1/4 of the Southwest
1/4, Section 28, Township 121, Range 23, Wright County, Minnesota;
and Part of the Northeast 1/4 of the Northwest 1/4 Section 33,
Township 121, Range 23, Wright County, Minnesota; as set forth at
247 Deeds, Pages 463-464 as recorded at the office of the County
Recorder, Wright County, Minnesota.
Owner: Robert Cullinan
Property Description: Part of the Southeast 1/4 of the Southwest
1/4, Section 28, Township 121, Range 23, Wright County, Minnesota;
as set forth at 326 Deeds, Page .449 as recorded at the office of
the Wright County Recorder, Wright County, Minnesota.