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RES 19-22CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-22 RESOLUTION APPROVING DEVELOPERS AGREEMENT - NANTUCKET SHORES WHEREAS, John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated August 19, 1999 has an approved Plat known as NANTUCKET SHORES; and WHEREAS, the approved Plat requires construction of public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached Developers Agreement between the City of Otsego and the John F. Lenz Revocable Trust Dated August 19, 1999 is hereby approved in form, subject to modification of fees, charges and security as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the final Developers Agreement on behalf of the City of Otsego. ADOPTED this 8th day of April, 2019 by the City Council of Otsego. RESOLUTION NO.: 2019 - 23 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING PUBLIC RIGHT-OF-WAY WITHIN THE HANSEN HEIGHTS PRELIMINARY PLAT. WHEREAS, public right-of-way was dedicated with the final plat of Hidden Haven; and, WHEREAS, VHF Investments, LLC has requested approval of a preliminary plat to be known as Hansen Heights; and, WHEREAS, the preliminary plat of Hansen Heights provides a subdivision design with public streets that does not utilize the right-of-way that was dedicated with Hidden Haven; and, WHEREAS, the public right-of-way within Hansen Heights make unnecessary that public right-of-way described by Exhibit A; and, WHEREAS, VHF Investments, LLC has applied for vacation of the existing public right-of-way described by Exhibit A; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 15 April 2019 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 public right-of-way described by Exhibit A serves no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation finds that vacating a portion of the existing right-of-way 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 public right-of-way located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A are hereby vacated. 2. The City Council hereby determines that the vacation of said public right-of-way shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 3. The vacation shall be effective upon approval of a final plat for Hansen Heights. MOTION BY: warehime SECOND BY:. Stockamp ALL IN FAVOR: Stockamp, Darkenwald, Warehime, Goede THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 22nd day of April, 2019. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: �)Ok)8A '08k g: a � sky Je ica L. Stockamp, Mayor 2 MOTION TO ADOPT the Resolution by Council Member Tanner and seconded by Council Member Goede IN FAVOR: Stockamp, Tanner, Darkenwald, Goede, Warehime OPPOSED: None CITY OF OTSEGO ()a ayu & Amg z at Je ica Stockamp, Mayor Tami Loff, City Clerk 2