06-75CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2006-75
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 AND MODIFYING RESOLUTION NO. 2006-52
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.
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Section 15, Township 121, Range 23
Road Right -of -Way Vacation Description
That part of Service Road adjacent to Lots 4 and 5, Block 1 as dedicated on the plat of
Mississippi Shore 6h Addition, Wright County, Minnesota lying easterly and northerly of the
southerly extension of the west line of Lot 5, Block 1, said Mississippi Shores 6"' Addition
and also lying northerly and westerly of the southerly and easterly 10.00 feet thereof.
Reserving unto the City of Otsego on 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 6`� Addition, Wright County, Minnesota lying easterly and
northerly of said southerly extension of the west line of Lot 5, Block 1, said Mississippi
Shores 6t' Addition also lying northerly and westerly of said southerly and easterly 10.00
feet thereof.
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
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, at said public hearings two affected- property owners, David A.
Gilgenbach and Karen A. Gilgenbach, who have not yet signed the Declaration of
Covenants, Conditions, Restrictions and Grant of Easements indicated opposition to
the vacation, but did indicate that they had reached agreement on revisions to said
covenants but have not yet executed the document; 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:
1. 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
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parcels as also set forth on Exhibit A.
C. That the property owners either 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 or that all
affected property owners execute the final Declaration of Covenants, Conditions,
Restrictions and Grant of Easements.
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.
Motion for adoption of resolution by CM HEIDNER seconded by
CM SCHARBER at the meeting of the Otsego City Council on the 25th day of
September, 2006.
IN FAVOR: Mayor Fournier, CM Heidner, CM Scharber, CM Stockamp, CM Thorsted
OPPOSED: None
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J Hu s , City Clerk
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CITY OF O
�!FL9,ft7fier, Mayor