Details for 05.09.20 City Of FF Ord 2, Eighth Series

(First Publication Date: May 9, 2020)
ORDINANCE NO. 2, EIGHTH SERIES
AN ORDINANCE AMENDING CITY CODE TABLE OF
SPECIAL ORDINANCES VI VACATIONS, BY ORDERING
VACATION OF JOANNA DRIVE AND LAUREN DRIVE, AS
DEDICATED IN THE PLAT OF ASPEN, AND ORDERING
VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER CERTAIN
LOTS LOCATED WITHIN BLOCK 4, BLOCK 5 AND BLOCK 6, PLAT OF ASPEN,
ALL LOCATED IN THE CITY OF FERGUS FALLS, MINNESOTA.
THE CITY OF FERGUS FALLS DOES ORDAIN:
Section 1. Pursuant to due notice, the hearing was held on April 29, 2020, upon the changes
herein described and all parties desiring to be heard thereon were afforded such opportunity.
Section 2. That the following tracts of streets, easements and public right-of-way should be
and are hereby vacated:
All of Joanna Drive and Lauren Drive, as dedicated in ASPEN, said plat is on file in the
office of the Recorder, Otter Tail County, Minnesota.
Together With
All the Drainage and Utility Easements in Lots 1-7, Block 4, all of Block 5 and Lots 1-10,
Block 6, as dedicated in ASPEN, said plat is on file in the office of the Recorder, Otter
Tail County, Minnesota.
Section 3. Duties of Abutting Property Owners. That after such vacation goes into force
and effect, the abutting property owner shall assume and be responsible for the care of
said area vacated consistent herein, and it is hereby made their bounden duty to fill any
depression contained in said vacated area and remove any and all hazards therefrom, and
in the event an action is brought against the City of Fergus Falls for damages or injuries
resulting from depressions or excavations and conditions of said vacated area, the property
owner or owners shall be liable to the City of Fergus Falls for any damages suffered by it as
a result of the failure to make said vacated street right-of- way safe from anyone who might
be using same or traveling thereon. That it is the duty of the owner of said vacated street
right-of-way to place suitable warnings to the public of such vacation to the end that the
traveling public may know that it is no longer a public street right-of-way but a vacated street
right-of-way. That the owner of said vacated street right-of-way shall be responsible for all
costs incidental to the closing of the vacated street right-of-way.
Section 4. Recording. After all of the conditions and requirements of this ordinance have
been fulfilled, the City Administrator of the City of Fergus Falls is hereby ordered to file for
record in the office of the County Recorder of Otter Tail County, Minnesota, a certified copy
of the within ordinance after the same has been published according to the correct copy of
the original and in addition thereto setting forth in such certificate the date and newspaper
in which said ordinance was published and the above filing shall be performed by the City
Administrator when the benefited parties have paid the expenses of this proceeding.
Section 5. Effective date. The effective date of this ordinance shall be the 23rd day of May,
2020. THIS ORDINANCE was introduced on April 20, 2020, and adopted by the City Council of the City of Fergus Falls, Minnesota, on the 4th day of May, 2020, by the following vote:
AYES: Thompson, Arneson, Gustafson, Hicks, Fish, Hagberg, Kvamme, Rufer
NAYS: None
ATTEST:
APPROVED:
Andrew Bremseth
Ben Schierer
City Administrator
Mayor
Publication Dates: May 9, 2020

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