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RES 18-68RESOLUTION NO.: 2018 - 68 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING PERMANENT EASEMENT WITHIN THE ASHWOOD PLAT. WHEREAS, the City recorded document No 693125 establishing permanent easement for road, slope, grading and maintenance purposes for Odean Avenue; and, WHEREAS, D.R. Horton, Inc. has received approval to final plat Ashwood; and, WHEREAS, the final plat of Ashwood includes dedication of right-of-way and drainage and utility easements as required by the Subdivision Ordinance; and, WHEREAS, the dedication of right-of-way and drainage and utility easements with the final plat of Ashwood supersede and make unnecessary those easements described by Exhibit A; and, WHEREAS, D.R. Horton, Inc. has applied for vacation of the existing permanent easement dedicated; and, WHEREAS, the City Council held a public hearing at their regular meeting on 22 October 2018 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements described by Exhibit A serve no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating the existing permanent easement as shown on Exhibit A would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the permanent easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A is hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: Darkenwald SECOND BY: Heidner ALL IN FAVOR: Stockamp, Heidner, Darkenwald, Tanner, Warehime THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 22nd day of October, 2018. ATTEST: �U-1VV-1-`(V1- i Tami Loff, City Clerk CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor 2 .2018 Westwood Pr.f—I... I S—Ic.3 Inc. Easement Vacation: A Permanent Easement for road, for slope, grading and maintenance purposes per Document Number i 693925 as recorded in the Wright County Recorders N. line of the SE 114 of -I of / Office. Permanent Easement--�� the 7/4 of Sec. 28 for S/ape, Grading & Maintenance per Doc No. 693125 E line of the SE 1/4 of—� the NW 1/4 of Sec. 28 }e 14 Permanent Ea-ment— . for Road per Doc No. 693125 Permanent Easement—`— for Slope, Grading & Maintenance per Doc 1 a k2L-. � v No. 693125 �D. I'1i S line of the SE 1/4 of - the NW 7/4 of Sea 28 1 I *rim n.ee 9/06/2018 1 or 1 00127MESF03.dxg Westwood Then (gA)g3T5130 ,27g1tVhlkvvbrOhvo,SulbN3g3 D.R. Horton, Inc. -Minnesota Fc (952)03TZISO Mlnn1 MUMWIOdl mrti (303f 03T-5,50 w.acodt:mm � �^... 20860 Ir..bIidge Co -t Suite,100 NYmwadhvMlo,WLt✓a4bc I* -M., DSII 550" Ashwood Easement Vacation Ot p, IX—1. 7 hibtt EXHIBIT "A" A permanent easement for road purposes over, under and across the east 40.00 feet of the Southeast Quarter of the Northwest Quarter of Section 28, Township 121, Range 23, Wright County, Minnesota. Together with a permanent easement for slope, grading and maintenance purposes over, under and across the west 25.00 feet east 65.00 feet of the south 115.00 feet of said Southeast Quarter of the Northwest Quarter and the west 50.00 feet of the east 90.00 feet of the north 400.00 feet of the south 515.00 feet of said Southeast Quarter of the Northwest Quarter and the west 16.50 feet of the east 56.50 feet of the north 200.00 feet of the south 7,15.00 feet of said Southeast Quarter of the Northwest Quarter and the west 50.00 .feet of the east 90.00 feet of said Southeast Quarter of the Northwest Quarter, except the south 715.00 feet thereof. Parcel A-11 permanent road easement: 9,147.6 sq. ft. (21 acres) permanent slope easement: 40,510.8 sq. ft. (93 acres)