04-62CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2004- 62
RESOLUTION APPROVING VACATION OF PORTIONS OF A DRAINAGE AND
UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT- OTSEGO
WATERFRONT FOURTH ADDITION
WHEREAS, the City of Otsego has received a request to vacate the above-described
portions of a drainage and utility easement from one of the affected property owners,
Landcor, Inc.; and
WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacations; and
WHEREAS, those portions of the established drainage and utility easement to be
vacated are described as follows:
Vacation A and Vacation B: See Exhibit A.
WHEREAS, the City Council has determined that vacating said portions of the
above described drainage and utility easement would be in the public interest; and
WHEREAS, the City of Otsego having considered testimony related to the
proposed vacation of those portions of the drainage and utility easement so
described; and
1
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacations at 6:30 p.m. on the 27`h day of September, 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 27th day of September, 2004, at the
Otsego City Hall and heard all parties interested therein, and;
WHEREAS, it now appears to the Otsego City Council that such portions of said
drainage and utility easement serve no useful purpose;
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the portions of the drainage and utility easement located in the City of Otsego,
Wright County, Minnesota, described in Exhibit A are hereby vacated conditioned
upon future dedication of LandCor, Inc.'s proposed drainage and utility Easements A
and B (Exhibit B) on Lot 1, Block 1 in OTSEGO WATERFRONT FOURTH
ADDITION with all related costs being the responsibility of LandCor, Inc.
2. The City Council hereby determines that vacations of said portions of the said
drainage and utility easements 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 Heidner , seconded by
CM Scharber at the meeting of the Otsego City Council on the 27th day of
September, 2004.
IN FAVOR: Mayor Fournier; Councilmemberso Heidner, Wendel, Scharber and
Struthers
OPPOSED: NONE
2
CITY OF OTSEGO
— �6z, � 7� 5r-, e� �, -
Larry Fo er, Mayor
dy H s n, City Clerk
VACATION A
Vacating a north—south 20.00 foot wide drainage and utility easement as dedicated on the plat of OTSEGO WATERFRONT
FOURTH ADDITION, according to the recorded Plat thereof, on file in the office of the County Recorder, Wright County,
Minnesota, which lies across the following described property.
Lot 1, Block 1 of OTSEGO WATERFRONT FOURTH ADDITION, according to the recorded plat thereof, on file in the office of
the County Recorder, Wright County, Minnesota. Said vacation lies 20.00 feet westerly of the following described line:
Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of North 89 degrees
40 minutes 36 seconds East, along the north line of said Lot 1, a distance of 278.78 feet to the northerly extension and
the easterly line of said north—south 20.00 foot wide drainage and utility easement as dedicated within said Lot 1, said
point also being the point of beginning of the line to be described; thence South 00 degrees Ot minute 56 seconds West,
along said northerly extension and said easterly easement line, a distance of 324.35 feet and said line there terminating.
And
Said vacation lies northerly of the following described line:
Beginning at the terminus point of the above described line; thence North 89 degrees 58 minutes
04 seconds West a distance of 20.04 feet to a corner along the westerly line of said easement
and said line there terminating.
And
Said vacation lies southerly of the south line of the North 20.00 feet of said Lot 1.
VACATION B
Vacating a northwesterly and southeasterly 40.00 foot wide drainage and utility easement
as dedicated on the plat of OTSEGO WATERFRONT FOURTH ADDITION, according to the recorded Plat thereof, on file in the
office of the County Recorder, Wright County, Minnesota, which lies across
the following described property.
Lot 1, Block 1 of OTSEGO WATERFRONT FOURTH ADDITION, according to the recorded plat thereof,
on file in the office of the County Recorder, Wright County, Minnesota. Said vacation is described as follow:
Beginning at the northwest corner of said Lot 1; thence on on assumed bearing of South 00 degrees
19 minutes 24 seconds East, along the west line of said Lot 1, a distance of 216.55 feet; thence southerly and
southwesterly along said west lot line, along a tangential curve concave to the northwest, having a central angle of 17
degrees 23 minutes 35 seconds, a radius of 340.00 feet and a distance of 103.21 feet to the northwesterly extension of
the southwesterly line of said northwesterly—southeasterly 40.00 foot wide drainage and utility easement as dedicated
within said Lot 1, said point also being the point of beginning of the vacation to be described; thence South 45 degrees
18 minutes 43 seconds East, along said northwesterly extension and said southwesterly easement line, a distance of 65.02
feet; thence North 89 degrees 41 minutes 17 seconds East, along the southerly line of said easement, a distance
of 16.57 feet; thence North 00 degrees 18 minutes 43 seconds West a distance of 40.00 feet to corner along
the northerly line of said easement; thence North 45 degrees 18 minutes 43 seconds West, along the northwesterly line of
said easement and its northwesterly extension, a distance of 73.04 feet to said west line of Lot 1; thence southwesterly
along said west line lot to the point of beginning.
And
Said vacation lies southeasterly of the westerly 15.00 feet of said Lot I.
EASEMENT A
A 20.00 foot wide easement for drainage and utility purposes over, under and across the following described property-
Lot
ropertyLot 1, Block 1 of OTSEGO WATERFRONT FOURTH ADDITION, according to the recorded plat thereof, on file in the office of
the County Recorder, Wright County, Minnesota.
Said easement is described as follows:
Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 89 degrees 40 minutes 36
seconds West, along the north line of said Lot 1, a distance of 62.14 feet; thence South 00 degrees 09 minutes 09
seconds East a distance of 20.00 feet to the point of beginning of the easement to be described; thence continuing
South 00 degrees 09 minutes 09 seconds East a distance of 343.13 feet; thence South 89 degrees 50 minutes 51
seconds West a distance of 20.00 feet; thence North 00 degrees 09 minutes 09 seconds West a distance of 343.07 feet
to a line being 20.00 feet southerly, measured at right angles to said north line of Lot 1; thence North 89 degrees 40
minutes 36 seconds East, parallel with said north line of Lot 1, a distance of 20.00 feet to the point of beginning.
EASEMENT B
A 40.00 foot wide easement for drainage and utility purposes over, under and across the following described property-
Lot
ropertyLot 1, Block 1 of OTSEGO WATERFRONT FOURTH ADDITION, according to the recorded plat thereof, on file in the office of
the County Recorder, Wright County, Minnesota.
Said easement is described as follows:
Commencing at the northwest comer of said Lot 1; thence on an assumed bearing of South 00 degrees 19 minutes 24
seconds East, along the west line of said Lot 1, a distance of 216.55 feet; thence southerly and southwesterly along said
west line of Lot 1, along a tangential curve concave to the northwest, having a central angle of 18 degrees 00 minutes 31
seconds, a radius of 340.00 feet and a distance of 106.87 feet to the point of beginning of the easement to be
described; thence South 32 degrees 24 minutes 22 seconds East a distance of 50.16 feet; thence North 89 degrees 41
minutes 17 seconds East a distance of 38.00 feet; thence North 00 degrees 18 minutes 43 seconds West a distance of
40.00 feet; thence South 89 degrees 41 minutes 17 seconds West a distance of 15.87 feet; thence North 32 degrees 24
minutes 22 seconds West a distance of 67.55 feet to said west line of Lot 1; thence southwesterly along said west line
of Lot 1 to the point of beginning.