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05-71CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-71 RESOLUTION ACCEPTING DONATION OF CERTAIN PROPERTY AND EASEMENTS FROM D&Y FAMILY LIMITED PARTNERSHIP WHEREAS, D&Y Family Limited Partnership ("D&Y") owns certain property abutting Highway 101 within the City of Otsego ("CITY") as set forth on the attached Exhibit A; and WHEREAS, the Minnesota Department of Transportation ("MNDOT") has proposed construction to upgrade those portions of Highway 101 lying within the CITY to freeway status commencing construction in the Spring of 2006; and WHEREAS, portions of that property are to be ultimately conveyed to MNDOT for the purpose of construction of a freeway interchange and frontage roads at the intersection of Highway 101 and County 37 and County 42; and WHEREAS, the CITY has agreed to approve the transaction and the appraised value of the contributions for D&Y's tax purposes and to provide appropriate documentation of the transfer and valuation; and WHEREAS, the property has been transferred from D&Y to the CITY; and WHEREAS, appraisals of the property have been preliminarily transmitted but not yet finalized. NOW, THEREFORE BE IT RESOLVED that the CITY; 1. Accepts the donation of those properties as set forth on Exhibit A. 2. Will upon receipt of the final appraisals of said properties approve the value of the properties by further Resolution. ADOPTED this 27`" day of December, 2005 by the Otsego City Council. CITY OF OTSEGO �. : �.. Noo �� 1X I 34I - IEXHIBIT A-1 That part of Government Lot 1, Section 26, Township 121, Range 23. lying Southerly of the Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9 and Westerly of the Westerly Right -of -Way line of State Trunk Highway No. 101; and That part of the Southwest- Quarter of the Northwest Quarter of Section 26, lying Westerly of the Westerly Right -of -Way line of State Trunk Highway No. 101 and Southerly of the Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9, being in Township 121, Range 23 Lying Easterly of the following described line: Beginning at a point in the South line of the Northwest Quarter of Section 26, Township 121, Range 23, in Wright County, Minnesota, said point being South 89 degrees 21 minutes 05 seconds East (assumed bearing) 1074.58 feet from the Southwest Corner of said Northwest Quarter; thence North 03 degrees 29 minutes 05 seconds West 207.15 feet, more or less, to a Right -of -Way Monument on the Westerly Right -of -Way line of State Trunk Highway No. 101, heretofore referred to as POINT A; thence North 03 degrees 09 minutes 24 seconds West 316 feet, along said Westerly Right -of -Way; thence North 26 degrees 37 minutes 18 seconds West 545 feet; thence North 19 degrees 31 minutes 30 seconds West 300 feet; thence North 00 degrees 03 minutes 58 seconds West 382 feet, more or less, to said Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way. Plat No. 9, and being the terminus of this described line Also together with the right of ingress and egress along said described line, and the right of ingress and egress along said County State Aid Highway No. 42 from the terminus of the above described line North 43 degrees 51 minutes 35 seconds West 475 feet along said .Southerly Right -of -Way line of County State Aid Highway No. 42. EXHIBIT A-2- That -Z That part of Government Lot 1, Section 26, Township 121, Range 23. lying Southerly of the Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9 and Westerly of the Westerly Right -of -Way line of State Trunk Highway No. 101; and That part of the Southwest Quarter of the Northwest Quarter of Section 26, lying Westerly of the Westerly Right -of -Way line of State Trunk Highway No. 101 and Southerly of the Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9, being in Township 121, Range 23 Lying Easterly of the following described line: Beginning at a point along the described line in said Exhibit A, Parcel 1, of State Project 8608-21, being South 03 degrees 29 minutes 05 Seconds East 45 feet from POINT A identified in said description for Exhibit A, Parcel 1 thence North 43 degrees 59 minutes 13 Seconds West 180 feet; thence North 11 degrees 21 minutes 38 Seconds West 265 feet; thence North 12 degrees 20 minutes 10 Seconds East 100 feet; thence North 26 degrees 43 minutes 12 Seconds West 200 feet; thence North 12 degrees 52 minutes 53 Seconds East 100 feet, more or less to the intersection with the described line of said Exhibit A, Parcel 1 of State Project 8608-21, being the terminus of this description. EXHIBIT s A-3 That part of Government Lot 1, Section 26, Township 121, Range 23. lying Southerly of the Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9 and Westerly of the Westerly Right -of -Way line of State Trunk Highway No. 101; and That part of the Southwest Quarter of the Northwest Quarter of Section 26, lying Westerly of the Westerly Right -of -Way line of State Trunk Highway No. 101 and Southerly of the Southerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9, being in Township 121, Range 23 Lying Easterly of the following described line: Beginning at POINT A identified in the description for Exhibit A, Parcel 1 of State Project 8608-21; thence North 50 degrees 09 minutes 54 seconds West 28 feet; thence North 20 degrees 0.0 minutes 42 seconds West 33 feet; thence North 56 degrees 31 minutes 24 seconds West 85 feet; thence North 11 degrees 18 minutes 12 seconds West 231 feet; thence North 29 degrees 29 minutes 34 seconds East 138 feet, more or less to the intersection with the described line of said Exhibit A, Parcel 1 of State Project 8608- 21, being the terminus of this description. EXHIBIT A-y i That part of Government Lots 1 and 2, Section 26, Township 121, Range 23, Wright County, Minnesota, lying Easterly of the Easterly Right -of -Way line of State Trunk Highway No. 101; lying Northerly of the Northerly Right -of -Way line of County State Aid Highway No. 42 as shown on Wright County Right -of -Way Plat No. 9; lying Northwesterly of the Northwesterly line of Riverside Evergreens Second Addition; and lying Southerly of the following described line; Beginning at a point on the North line of said Section 26 a distance 979 feet East from the Northwest comer thereof; thence deflect to the right 45 degrees 20 minutes along the Northerly Bank in a Southeasterly direction to the shore of the Mississippi River and there terminating. EXHIBIT a A That part of the Northwest Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota described as lying north of the south line of the north 775 feet thereof and lying east of a line 682 feet west of, as measured at right angles to, the centerline of State Highway #101 as now laid out and constructed. Excepting therefrom all that part thereof taken for said State Highway #101. Containing 8.00 acres, more or less, exclusive of highway. Subject to an easement for pipeline purposes to Northern Natural Gas Company.