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04-157fuWw Entered tn�s '� �y of t._._ r♦ — r ;: Env - Return to: Otsego City Hall 8899 Nashua Avenue NE Otsego, MN 55330 DATE: Doc. No. A 912227 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 06-04-2004 at 03:41 Check #: 39830 Fee: $ 20.00 Payment Code 02 Addl. Fee Larry A. Unger, County Recorder CITY OF OTSEGO COUNTY OF WRIGHT RESOLUTION NO. 2004-15 APPROVING VACATION OF PORTION OF A ROAD A PORTION OF 67T" STREET NE Property Owners/ Applicants: Property: May 20, 2004 DR Horton 20860 Kenbridge Court, #100 Lakeville, MN 55044 Section 31, Range 24, Township 121 See Exhibit A Action: The City Council at their April 12, 2004, meeting adopted Resolution 2004-15 approving vacation of a portion of a road - a portion of 67" street NE, in Zimmer Farms, Exhibit A, City of Otsego, County of Wright, State of Minnesota. Drafted by: on, City Clerk and tzngo'�tministrator 7h/kr M4 Proposed Roodwoy Easement litrcatlon. That part of o 66 foot roadway easement (Description No. 37 of the Otsego Township Road Atop) ow. under and across that part of the Northwest Quarter of the Northwest Cuorter and the Southwest Quarter of the Northwest Quarter, all in Section 31, Township 121, Range 2.X Wight County. Minnesota, tying within Aho loAowing described property: PARCEL 1: The North 20 acres of the Northwest Ovortor of the Southwest Quarter in Section 31, Township 121, Mange 23, Wight County, Minnesota. PARCEL 2.• The Northwest Quarter of the Southwest Quarter except the North 20 acres. in Section 31, Townshijo 121. Range 24 Wight County, Minnesota PARCEL 3: The Southwest Quarter of the Northwest Quarter in Section 31, Township 121, Range 23, except the West 309.46 foot of the South 351.90 feet of the North 529.75 lest of the Southwest Quarter of the Northwest Quarter of Section A Township 121. Range 24 Wight County, Minnesota. PARCEL 4. That port of the Northwest Ouarter of the Northwest Quarter in Section 31, Township 121 North, Range 23 (Nest Wight County, Minnesota except beginning at the Southwest comer of said Northwest Ouorter of the Northwest Quarter, thence on on assumed bearing of Nath O degrees 00 minutes 00 seconds East along the west line of said Northwest Quarter of the Northwest Quarter 250.00 feel; thence South 89 degrees 06 minutes 28 seconds East, 435.65 feet; thence South 0 degrees 00 minutes 00 seconds West, 250 feet to the intersection with the South Me of said Northwest Quarter of the Northwest Ouorter, thence North 89 degrees 06 minutes 28 seconds West along said South Me of the Northwest Quarter of the Northwest Quarter, 435.65 feet to the point of beginning df in Might Counlyt k nesola AND. The West 1070.00 feet of the Southwest Ouarter of the Southwest Quarter in Section 31, Township 121, Range 24 Wight County. Minnesota. EXHIBIT A d Professional Services, Inc. Proposed Roadway Easement Vm-tk :"�.. That part of a 66 hoof roadway sosemept (DescrWian Na J7 of the Otsego Township Rood Map) oro, under and saris that part of the Northwesf Quarter of the Northwest' Ouurfer and the Southwest Quarter of the Northwest Ouorta; all in Section 31, Township 121. Range 23, eWight County, Minnesota 1*9 within,. the. foaowing described property. PARCEL 1: The North 20 acres of the Northwest Ouurter of the Southwest Quarter in Section 31, Township 121, Ron9e 2J Might County. Minnesota. PARCEL 2: The Northwest Quarter of the Southwest'Ouartor except the North 20 acres. fn Section 31, Townshp 121, Range 23, $Wight County Minnesota PARCEL 3: The Southwest floater of the Northwest Quarts, in Section 31, Township 121, Range 23. except the West 309.46 feet of the South 351.90 feet of the North 529.75 feet of the Southwest Coater of the Northwest Quarter of SCCIfon 31, rownship 121. Runge 24 81'ighl County. Minnesofo. PARCEL 4: That part of the Northwest Quarter of the. Northwest Ou-ter in Section 31, Township 121 North, Range 2J fWst, Wright County, Minnesota except beginning of the Southwest comer of said Northwest Ouartor of the Norlhwesf Quarter; thence on an assumed bearing o/ North O degrees 00 minutes 00 seconds East along the west the of said Northwest Quarter of me Northwest Quarter 250.00 Net thence South 89 degrees 06 minutes 28 seconds East. 435.65 feet; thaws South 0 degrees 00 minutes 00 seconds Wast 250 feet to the intorsecbm with the South lure of said Northwest Quarter of the Northwest Quartan; thence North 89 degrees 06 minutes 28 seconds West along said South line of the Northwest Ouarter of the Northwest Quarter, 4J5.65 feel to the point o/ beginning, o8 in lWfght County Minnesota AND: The West 1070.00 feet of the Southwest Quarter of the Southwest Ouorfer in Section 31, Township 121, Range 24 (Wight County Minnesota. 02 04 V C— of the I/I of the v I/4, Sec. 31 p. 121, Rge. 23 80 0 80 160 240 scale in feet Scale: 1 inch= 80 feet CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2004-15 RESOLUTION APPROVING VACATION OF PORTION OF A ROAD IN THE CITY OF OTSEGO, COUNTY OF WRIGHT- A PORTION OF 67th STREET NE WHEREAS, the City of Otsego has received a request to vacate the above-described roadway from the affected property owner, D.B. Horton, Inc.; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, that portion of the road (67th Street NE as described on Description No. 37 of the recorded Otsego Township Road Map) to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating said portion of 67th Street N.E. would be in the public interest; and 1 WHEREAS, the City of Otsego having considered the testimony in favor and opposed to vacating that portion of the road so described; and WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at 6:30 p.m. on the 12th day of April, 2004 at the Otsego City Hall; and WHEREAS, all legal requirements regarding giving notice have been satisfied; and WHEREAS, the City Council did meet on the 12th day of April, 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 roadway serves no useful purpose; and WHEREAS, that the rights of utilities currently using the right of way need to be preserved until such time as they are relocated at the time of property development. NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the portion of that roadway located in the City of Otsego, Wright County, Minnesota, described as follows: See Exhibit A is hereby vacated, subject to the rights of existing utilities to maintain current utilities until such time as they are relocated at which time said rights are terminated and vacated. 2. The City Council hereby determines that vacation of said road 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 CM HPiriner seconded by CM Struthers at the meeting of the Otsego City Council on the 12th day of April, 2004. 2 IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. OPPOSED: None 4Jd Hu so , City Clerk 3 CITY OF OTSEGO arty - rnier, Mayor