07-08CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2007- 08
RESOLUTION APPROVING VACATION OF INGRESS AND EGRESS
EASEMENT AS SET FORTH IN DOCUMENT NO. 659295 AT THE OFFICE OF
THE WRIGHT COUNTY RECORDER'S OFFICE DATED OCTOBER 20,1998
AND RESERVING TO THE CITY OF OTSEGO A UTILITY EASEMENT
AFFECTING THE RECORDED PLATS OF RIVER PLACE SECOND ADDITION
AND RIVERPLACE THIRD ADDITION
WHEREAS, the City of Otsego has received a request to vacate the described
portions of that ingress and egress easement as set forth on Wright County Document
No. 659295 affecting land within the Plat of River Place Second Addition and River
Place Third Addition as set forth on Exhibit A from affected property owner Lennar
Corporation; and
WHEREAS, the Otsego City Council ordered a public hearing on the proposed
vacation; and
WHEREAS, those portions of the established ingress and egress easement to be
vacated are described as follows:
1
See Exhibit A.
WHEREAS, the City Council has determined that vacating said portion of the above
described ingress and egress easement would be in the public interest since
alternative access to the City's wastewater treatment plant has been constructed; and
WHEREAS, the City of Otsego having considered testimony related to the proposed
vacation of the ingress and egress easement 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 12th day of February, 2007, 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 12th day of February, 2007, 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
dedicated ingress and egress easement serves no useful purpose;
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the portion of that ingress and egress easement as set forth on Wright County
Recorder's Document No. 659295 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 utility easement over, under and across all of the vacated
easement as further set forth on Exhibit A is reserved for use of the City and private
utilities.
2. The City Council hereby determines that vacation of said ingress and egress
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
2
PARTIAL RELEASE OF PERMANENT EASEMENT FOR INGRESS AND
EGRESS
as described in Document No. 659295 dated: October 20th, 1998.
Partial release of a Permanent Easement for Ingress and Egress described as
follows:
The north 800.00 feet of the west 550.00 feet of the following described property:
That part of the Northwest Quarter and that part of the Southwest Quarter of
Section 1, Township 120, Range 23, Wright County, Minnesota, described as
follows: Commencing at the Southwest corner of said Northwest Quarter; thence
on a bearing of North (assumed bearing) at the west line of said Northwest
Quarter, a distance of 466.18 feet; thence South 83 degrees 7 minutes 30 seconds
East, a distance of 237.23 feet; thence South 78 degrees 11 minutes 10 seconds
East a distance of 466.11 feet; thence South 78 degrees 32 minutes 37 seconds
East, a distance of 1012.22 feet to the actual point of beginning said point being on
the center line of Wright County Highway Number 36; thence North 0 degrees 13
minutes 39 seconds West, a distance of 2203.94 feet to the north line of Northwest
Quarter; thence North 89 degrees 41 minutes 03 seconds East along said north
line, a distance of 941.80 feet to the northeast corner of said Northwest Quarter;
thence South 0 degrees 13 minutes 39 seconds East along the east line of said
Northwest Quarter, a distance of 2359.48 feet to the centerline of said Wright
County Highway Number 36; thence North 88 degrees 52 minutes 34 seconds
West along said centerline, a distance of 77.97 feet; thence westerly along said
centerline on a tangential curve concave to the north, having a radius of 1591.87
feet and a central angle of 10 degrees 20 minutes 17 seconds, a distance of 287.23
feet; thence North 78 degrees 32 minutes 37 seconds West along said centerline
tangent to said curve, a distance of 45.50 feet; thence South 23 degrees 30 minutes
58 seconds West, a distance of 155 feet more or less to the waters edge of the
Crow River; thence northwesterly and westerly along said waters edge, a distance
of 500 feet more or less to a line which bears South 0 degrees 13 minutes 39
seconds East from the point of beginning; thence North 0 degrees 13 minutes 39
seconds West along said line, a distance of 124 feet more or less to the point of
beginning.
Together with a permanent easement for utility, ingress and egress over, under and
across the west 50.00 feet of the above described property lying southerly of the
north 800.00 feet thereof and northerly of the centerline of County State Aid
Highway No. 36.
Together with a permanent easement for utility purposes over, under, and across
the east 40.00 feet of the west 80.00 feet of the above described property lying
southerly of the centerline of County State Aid Highway No. 36.
EXHIBIT
A
Together with a permanent easement for utility purposes over, under and across
the east 30.00 feet of the west 80.00 feet of the above described property lying
northerly of the centerline of County State Aid Highway 36 and southerly of a
line 40.00 feet northerly of, as measured at right angles, and parallel with said
centerline.
Together with a permanent easement for utility purposes over, under and across
the north 30.00 feet of the east 294.83 feet of the west 844.63 feet of the above
described property.
Together with a temporary easement for construction purposes over, under and
across the east 100.00 feet of the west 150.00 feet of the above described property
lying southerly of the north 800.00 feet thereof and northerly of the centerline of
County State Aid Highway No. 36, except the east 30.00 feet of the west 80.00
feet of the above described property lying northerly of the centerline of County
State Aid Highway No. 36 and southerly of a line 40.00 feet northerly of, as
measured at right angles, and parallel with said centerline.
Together with a temporary easement for construction purposes over, under and
across the west 200.00 feet of the above described property lying southerly of the
centerline of County State Aid Highway No. 36.
Together with a temporary easement for construction purposes over, under and
across the north 120.00 feet of the east 383.64 feet of the west 933.64 feet of the
above described property, except the north 30.00 feet of the west 294.63 feet
thereof.
Said temporary easements to expire on December 1, 1999.
Which lies within the following described lots: Lots 1, 2 and 3, Block 1; Lots 1,2, 3
and 4, Block 2; Lot 1, Block 4, all in RIVERPLACE 2ND ADDITION, Wright
County, Minnesota,
according to the recorded plat thereof; and Lots 1, 2, 3 and 4, Block 1,
RIVERPLACE 3RD ADDITION, Wright County Minnesota according to the
recorded plat thereof.
W:1Projecb\5455-061 TREATMENT ESMNT VACATIONWb\LEGALSWACATION EXHIBR .doc
Motion for adoption
CM Jessica Stocka
February, 2007.
of resolution by CM Vern Heidner . seconded by
at the meeting of the Otsego City Council on the 12th day of
INFAVOR: Mayor Fournier; Councilmembers: Heidner, Stockamp,
Thorsted and Darkenwald
OPPOSED: NONE
3
CITY OF OTSEGO
arry ie , Mayor