06-52CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2006-52
RESOLUTION APPROVING VACATION OF A PORTION OF THAT SERVICE
ROAD DEDICATED ON THE PLAT OF MISSISSIPPI SHORES SIXTH
ADDITION AND RESERVING TO THE CITY OF OTSEGO A PERMANENT
DRAINAGE AND UTILITY EASEMENT OVER THE PORTION OF ROADWAY
VACATED
WHEREAS, the City of Otsego has received a request to vacate the described
portions of that Service Road dedicated on the Plat of Mississippi Shores Sixth
Addition as set forth on Exhibit A from affected property owners, Rudy Thibodeau
and Margaret Thibodeau and LandCor, Inc. on behalf of Land Funding I, LLC; and
WHEREAS, the Otsego City Council ordered a public hearing on the proposed
vacation; and
WHEREAS, those portions of the established roadway to be vacated are described
as follows:
See Exhibit A.
WHEREAS, the City Council has determined that vacating said portion of the above
described roadway would be in the public interest; and
WHEREAS, the City of Otsego having considered testimony related to the
proposed vacation of the Service Road so described; and
1
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacation at 6:30 p.m. on the 24th day of July, 2006, 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 26th day of July, 2006, 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
publicly dedicated Service Road serves no useful purpose;
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
That the portion of the Service Road located in the City of Otsego, Wright County,
Minnesota, described as follows:
See Exhibit A
is hereby vacated, subject to the following condition:
A. That a permanent drainage and utility easement over, under and across all of the
vacated roadway as further set forth on Exhibit A is reserved for use of the City and
private utilities.
B. That the property owners convey to the City of Otsego additional permanent
easements for drainage and utility purposes over, under and cross their respective
parcels as also set forth on Exhibit A.
C. That the property owners provide the City with written assurance satisfactory to
the City that they will continue to allow a free, continuous and unimpeded flow of
traffic over the reserved area to businesses to the west of the area located on areas of
the Service Road which will remain as a public street. The written assurance being
a signed Declaration of Covenants, Conditions, Restrictions and Grant of Easements
signed by all Parcel owners as Parcels A, B, C, D & E in said Declaration.
2. The City Council hereby determines that vacation of said portion of the Service 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 Heidner, seconded by CMScharber at the meeting
of the Otsego City Council on the 14th day of August, 2006.
IN FAVOR: Mayor Larry Fournier, Councilmembers: Vern Heidner, Dan Scharber,
Jessica Stockamp and Mark Thorsted.
OPPOSED: NONE
1._�MI
ja',r Hu(16sn, City Clerk
3
CITY OF OTSEGO
any F er, Mayor
Easement Exhibit f,Y ' City of Otsego
__.. ...... _.... ... ..... ...... ............................................................... ................ ... ... -
------------------------------------------------------------------=--------------------=----------------=------ a
_________________________t_ _
___________—____________________—______________—_____.—
---Southerly right-of-way line or Service
Road as per Mississippi Shores 6th Addition
County Road No. 39
Road Right Way
Vocation and
Drainage and Utility
Easement Reservation
Road Right—of—Way Vacation Description
That part of Service Rood adjacent to Lots 4 and 5.
Block 1, as dedicated on the plat of MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
easterly and northerly of the southerly extension of the
west line of Lot 5, Block 1, said MISSISSIPPI SHORES
6TH ADDITION and also lying northerly and westerly of
the southerly and easterly 10.00 feet thereof.
AND
That part of Service Rood adjacent to Lots 6, 7 and 8,
Block 1, as dedicated on the plat of MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
westerly of the southerly extension of the west line of
Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION
and also lying northerly of the southerly 6.00 feet
thereof.
Reserving unto the City of Olspgo an easement for
drainage and utility purposes over, under and across
that part of said Service Road adjacent to said Lots 4
and 5. Block 1, as dedicated on said MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
easterly and northerly of said southerly extension of
the west line of Lot 5, Block 1, said MISSISSIPPI
SHORES 6TH ADDITION also lying northerly and westerly
of said southerly and easterly 10.00 feet thereof.
AND
Reserving unto the City of Otsego an easement for
drainage and utility purposes over, under and across
that port of said Service Road adjacent to said Lots 6,
7 and S. Block 1, as dedicated on said MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
westerly of said southerly extension of the west line of
Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION
also lying northerly of the southerly 6.00 feet thereof.
Rood Right—of—Woy Vacation and Drainage and Utility
Easement Reservation contains 63,592 sq. fl. = 1.460 acres.
1 INCH = 80 FEET
11HAnkerson
Anderson
Assoc.,Inc.
ClvlI Engineers and Lend Surveyors
3601 Thurston Ave, Andra, Mlneeate 55303
763-427-5860 FAX 763-427-0520
OT-360EXHIBITS
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__.. ...... _.... ... ..... ...... ............................................................... ................ ... ... -
------------------------------------------------------------------=--------------------=----------------=------ a
_________________________t_ _
___________—____________________—______________—_____.—
---Southerly right-of-way line or Service
Road as per Mississippi Shores 6th Addition
County Road No. 39
Road Right Way
Vocation and
Drainage and Utility
Easement Reservation
Road Right—of—Way Vacation Description
That part of Service Rood adjacent to Lots 4 and 5.
Block 1, as dedicated on the plat of MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
easterly and northerly of the southerly extension of the
west line of Lot 5, Block 1, said MISSISSIPPI SHORES
6TH ADDITION and also lying northerly and westerly of
the southerly and easterly 10.00 feet thereof.
AND
That part of Service Rood adjacent to Lots 6, 7 and 8,
Block 1, as dedicated on the plat of MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
westerly of the southerly extension of the west line of
Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION
and also lying northerly of the southerly 6.00 feet
thereof.
Reserving unto the City of Olspgo an easement for
drainage and utility purposes over, under and across
that part of said Service Road adjacent to said Lots 4
and 5. Block 1, as dedicated on said MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
easterly and northerly of said southerly extension of
the west line of Lot 5, Block 1, said MISSISSIPPI
SHORES 6TH ADDITION also lying northerly and westerly
of said southerly and easterly 10.00 feet thereof.
AND
Reserving unto the City of Otsego an easement for
drainage and utility purposes over, under and across
that port of said Service Road adjacent to said Lots 6,
7 and S. Block 1, as dedicated on said MISSISSIPPI
SHORES 6TH ADDITION, Wright County, Minnesota lying
westerly of said southerly extension of the west line of
Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION
also lying northerly of the southerly 6.00 feet thereof.
Rood Right—of—Woy Vacation and Drainage and Utility
Easement Reservation contains 63,592 sq. fl. = 1.460 acres.
1 INCH = 80 FEET
11HAnkerson
Anderson
Assoc.,Inc.
ClvlI Engineers and Lend Surveyors
3601 Thurston Ave, Andra, Mlneeate 55303
763-427-5860 FAX 763-427-0520
OT-360EXHIBITS