04-71r—
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Return to: Otsego City Hall
8899 Nashua avenue NE
Otsego, MN 55330
DATE:
Doc. No. A 941034
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
12-28-2004 at 04:00
Check #: 5555 Fee: $ 29.60
Payment Code 02
Addl. Fee NS
Larry A. Unger, County Recorder
CITY OF OTSEGO
COUNTY OF WRIGHT
RESOLUTION NO. 2004-71
APPROVING VACATION OF A PORTION
OF A ROAD
A PORTION OF 67TH STREET NE
Property Owners/
Applicant:
Property:
November 22, 2004
solid Ground Development, LLC
4756 Banning Avenue, Suite 206
white Bear Lake, MN 55110
Section 31,Range 23,Township 121
see Exhibit A
Action: The City Council at their November 22, 2004
meeting, adopted the Resolution No. 2004-71 approving
vacation of portion of a road in the City of Otsego, County
of Wright - a portion of 67" Street NE from the Plat of
Zimmer Farms to the Easterly Boundary of the Plat of Otsego
Preserve.
i H d on, City Clerk and
Z n ng inistrator
7H/kr
Cp
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2004-71
RESOLUTION APPROVING VACATION OF PORTION OF A ROAD
IN THE CITY OF OTSEGO, COUNTY OF WRIGHT- A PORTION OF 67th
STREET NE FROM THE PLAT OF ZIMMER FARMS TO THE EASTERLY
BOUNDARY OF THE PLAT OF OTSEGO PRESERVE
WHEREAS, the City of Otsego has received a request to vacate the above-described
roadway from one of the affected property owners, Solid Ground Development; 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 to be vacated is described as follows:
See Exhibit A.
WHEREAS, the City Council has determined that vacating said portion of 67d'
Street N.E. would be in the public interest; and
WHEREAS, the City of Otsego having considered the testimony in favor and
1
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 22nd day of November, 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 22nd day of November, 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 and reserving to the City a permanent drainage and
utility easement over those areas of the roadway being vacated as specifically
identified in Exhibit A. At such time as all utilities are relocated the City will, upon
application by the property owner, consider vacation of all drainage and utility
easements not needed after said relocation.
2. That the vacation is subject to contemporaneous recording of the Final Plat of
Remington Coves as finally approved by the Otsego City Council. Failure to record
the Plat within the time period set forth by City ordinance shall render this vacation
null and void.
I. 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.
2
Motion for adoption of resolution by CM Vern Heidner , seconded by
CM Dan Scharber at the meeting of the Otsego City Council on the _2�ttjdday of
Novo 2004.
IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber,
Virginia Wendel and Jerry Struthers
OPPOSED: None
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CITY OF OTSEGO
4F�;�Xer, Mayor
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Easement Vacation Exhibit
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City of Otsego
Existing Description of 67th Street NE
Otsego Roodway Description No. 37
Proposed description of right—of—way comment 'o be vacated
A 66.00 foot easement for public right—of—way purposes across the following described Property.
-
That part of 67th Street NE as dedicated in the plat of OTSEGO PRESERVE, Wright County, Minnesota described
The Northwest Quarter of Section 31, Township 121, Range 23. Wright County, Minnesota.
as follows.
The centerline of said easement is described as follows:
Beginning at the Northeast Corner of Lot 7. Block 2, said OTSEGO PRESERVE; thence on an assumed
bearing of South 89 degrees 57 minutes 50, seconds West, along the north line of said Block 2, a
Commencing at the southwest corner of said Northwest Quarter; thence on a assumed bearing of North
distance of 605.51 feet to the northwest cox er of Lot 1, said Block 2; thence North 00 degrees 12
along the west line of said Northwest Quarter, a distance of 1299.79 feet to the point of beginning of
-
minutes 43 seconds West a distance of 1.46 feet; thence northwesterly an a tangential curve concave to
said centerline to be described; thence North 89 degrees 47 minutes 43 seconds East, a distance of
the west, said curve having a radius of 16(1.00 feel, a central angle of 12 degrees 33 minutes Ot
932.21 feet;thence South 89 degrees 19 minutes 52 seconds East, a distance of 1746.13 feet to a point
seconds a distance of 35.05 feet to the ncwth line of said OTSEGO PRESERVE; thence South 89 degrees
on the east line ofsaid Northwest Quarter distant 1313.15 feet south of the northeast comer of said
48 minutes 45 seconds Eost,- along said north line, a distance of 609.40 feet to the Northeast Corner of
Northwest Quarter and said centerline there terminating.
said OTSEGO PRESERVE; thence South 00 degrees 06 minutes 50 seconds East, along the east line of
said OTSEGO PRESERVE, a distance of 33.81 feet to the point of beginning.
The side lines of said easement are to be prolonged or shortened to terminate an the east and west line
of said Nwthwest Ouorter.
AND
That part of the Northeast Quarter of the Northwest Quarter of Section 31, Township 121, Range 23, Wright
County, Minnesota lying 33.00 feet an either side of the following described cenlerlinc
Commencing at the southwest owner of se;d Nwthwest Ouarter; thence on a assumed bearing of North
along the west line of said Northwest Ouarler, a distance of 1299.79 feet to the point of beginning of
said centerline to be described; thence North 89 degrees 47 minutes 43 seconds East, a distance of
932.21 feet; thence South 89 degrees 19 minutes 52 seconds East, a distance of 1746.13 feet to a point
-
on the east tine of said Northwest Quarter distant 1313.15 feet south of the northeast owner of said
Northwest Quarter and said centerline there terminaling.
The side lines of said easement we to be wotunged w shortened to terminate an the east and west line
of said Northwest Quarter.
Reserving a permanent easement for utility and haulage purposes over, under, and across said portions of
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Vacated 67th Street NE lying easterly of the fokawing described line:
Commencing at the Northeast Canner a( Lot 7, Block 2, said OTSEGO PRESERVE; thence on an assumed
bearing of South 89 degrees 57 minutes 50 seconds West, along the north line of said Block 2, a
distance of 605.51 feet to the northwest cxnel' of Lot 1, said Block 2 and the point of beginning of the
line to be described; thence North 00 degrees 12 minutes 43 seconds West a distance of 1.46 feet;
thence northwesterly on a tangential curve concave to the west, said curve having a radius of 160.00
feet, a central angle of 23 degrees 50 minites 36 seconds a distance of 66.58 feet to a line 33.00 feet
northerly of the above described centerline and said described line there terminating.
80 0 80 160
}L d1BIT A
SCALE IN FEET
DATE REVISION
1 hereby certify that this survey, pion
prepared
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Hakanson Anderson Assoc., Inc.
SNEET
direct supervisionand that mam a aw
67th Street NE
Easement Vacation Exhibit
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Licensed Protea' I under
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civil Engineers and Lend Surveyors
the bars of t sola.
DRS
11/19/04
3601 Thurston Ave., Anoka, Minnesota 55303
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FILE 1ta
753-427-5860 FAX 763-427-0520
City of Otsego
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