ITEM 3.8 Resolution 15-31OtsTeF o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
June 17, 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
City Administrator Johnson
3.8
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the attached Resolution be adopted to amend the legal description of a previous
right of way vacation.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No.
BACKGROUND/JUSTIFICATION:
Duke Realty recently initiated and successfully concluded a Land Registration action regarding MNDOT
turnback property along Highway 101, contained within the Plat of Gateway North 4th Addition. The Plat
is currently at the County for recording.
The County has objected to the legal description contained in the City's Notice of Completion,
specifically they believe that there needs to be specific reference to 65th Street NE in the portion of the
description referencing the Southeast Quarter of the Northwest Quarter. After much discussion
between Duke's attorney and the County it was determined that the easiest way to meet this objection
would be to amend the legal description on the original resolution.
I am requesting that the Council approve the attached Resolution to amend the legal description
included in the original 2007 Resolution.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
• Resolution No. 2015-31
MOTION: (Please word motion as you would like it to appear in the minutes.
Motion to approve Resolution No. 2015-31, amending Resolution No. 2007-44.
BUDGET INFORMATION
FUNDING: BUDGETED: o YES
NA oNO
ACTION TAKEN
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2015-31
RESOLUTION APPROVING VACATION OF PORTION OF RIGHT OF WAY
IN THE CITY OF OTSEGO, COUNTY OF WRIGHT- 65TH STREET NE -
AMENDING RESOLUTION 2007-44
WHEREAS, on July 9, 2007 the City of Otsego held a duly noticed public hearing
and vacated certain road right of way within the City of Otsego ; and
WHEREAS, the legal description of the vacation inadvertently omitted specific
reference to vacation of a portion of 65t' Street NE within the Southeast Quarter of
the Northwest Quarter which was in fact vacated; and
WHEREAS, the attached legal description is the correct description of the vacation.
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That Resolution No. 2007-44 is hereby amended to correct the legal description of
the right of way vacated as set forth on attached Exhibit A.
1
Motion for adoption
June, 2015.
IN FAVOR:
OPPOSED:
of resolution by , seconded by
at the meeting of the Otsego City Council on the 22nd day of
2
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
Exhibit A
Proposed Roadway Vacation Description:
That part of the State Trunk Highway No. 101 right-of-way and the Northeast 65th Street right-
of-way lying in the Northeast Quarter of the Southwest Quarter of Section 35, Township 121,
Range 23, Wright County, Minnesota as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 86-25, said Wright County lying easterly of
northerly extension of a line drawn from DOT monument No. B17, as shown on said plat,
through DOT monument B16, as shown on said plat, to the north line of said Northeast
Quarter of the Southwest Quarter and said line there terminating.
AND
That part of the State Trunk Highway No. 101 right-of-way and the Northeast 65th Street
right-of-way lying in the Southeast Quarter of the Northwest Quarter of Section 35, Township
121, Range 23, Wright County, Minnesota, as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 86-26, said Wright County lying easterly of
southerly extension of a line drawn from DOT monument NO. B13, as shown on MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86-109, said Wright County
through DOT monument B27, as shown on said MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 86-26, to the south line of said Southeast
Quarter of the Northwest Quarter and said line there terminating.
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