RES 19-25RESOLUTION NO.: 2019 - 25
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS DEDICATED WITH THE PLAT OF HARVEST RUN EAST.
WHEREAS, Capstone Harvest Run, LLC. has received preliminary plat approval
for Harvest Run East; and,
WHEREAS, easements were acquired by the City for public drainage and utility
purposes as described by Exhibit A that are within the plat of Harvest Run East; and,
WHEREAS, the preliminary plat of Harvest Run East includes reconstruction of
the existing utilities within the preliminary plat based on the approved subdivision
design; and,
WHEREAS, the preliminary plat includes dedication of drainage and utility
easements required by Section 21-7-15 of the Subdivision Ordinance; and,
WHEREAS, the dedication of drainage and utility easements with the final plat of
Harvest Run East will supersede and make unnecessary those easements described by
Exhibit A; and,
WHEREAS, Capstone Harvest Run, LLC. has applied for vacation of the
drainage and utility easement described by Exhibit A; and,
WHEREAS, the Planning Commission opened a public hearing at their regular
meeting on 15 April 2019 that was continued to 6 May 2019 to consider the vacation,
preceded by required published and mailed legal notice; and,
WHEREAS, the Planning Commission 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
drainage and utility easement as described by 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 drainage and utility easements located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A are hereby vacated upon the
recording of the final plat for Harvest Run East.
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: Goede
ALL IN FAVOR: Stockamp, Darkenwald, Goede, Tanner, Warehime
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 13th day of May,
2019.
ATTEST: t
Tami Loff, City Clerk
CITY OF OTSEGO _
BY:.�
Jessica L. Stockamp, Mayor
2
Property Dascrlptlan (Wright County Tax Records)
The Southeast quarter of the Southeast Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota
Proposed Easement Deaarlptlan
t 60.00 fast of
the sauthent 230.91, feet far of thereinage and of the wast 1126200 feet ofvthe Souundtheast Quarter
tof the Southeast he north 60.00 ast and Quarter a Sat n 35, Township
121, Range 23, Wright County, Minnesota.
Together with a temporary easement for construction purposes ov ,under, and across the north 30.00 feet and the ..at 30.00
feet f the outh 260.94 feet of the eset 119200 feet of the Southeast quarter of the Southeast Quarter of Section 35, Township
121, Range 23, Wright County, Minnesota.
AND also together with a temporary easement for construction purposes over, under, and across the south 170.94 fast of the west
110200 feet of the Southeast quarter of Inn Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota.
Said temporary easements to expire an:
Area of Permanent Easement 79,980 eq. ft. m 1.836 acres
Area of Temporary Easment 231,074 sq. ft = 5.305 acres
SE 1/4 of the SE 1/4,
Sec. 35, T. 121, R. 23
North Ilns of the South 230.94 feet
of the SE 1/4 of the SE 1/4 of
Sec. 35, T. 121, R. 23
Southeast Quarter
quarter of SaaBen 35,
m 23
North 9ne of the South 260.94 fest
of the SE 1/4 of the a 1/4 of
Saes. W. T. 121, R. 23
Easement Exhibit
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City of Otsego
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--"' Easement of Exhibit sNev
PHakanson Anderson Assoc., Inc. Part of the SW 1/4 of the SE 1/4,
m no WFl Cmn Engineers and Land Sur ayara Sec. 35, T. 121, R. 23, for 1 of
ORS 2 76 O6 J807 1 -ton Ave. Mom, Mianemta 55363 City of Otsego
6mm 9: FlIL 96. 763-427-5860 FAX 763-427-052D Wright County, un Minnesota i
sLD 6367EK "e.hawanaan—and—on.9 t'• PIN: 118500354200 9 E3
110 MOW -A
Property Description:
The Southeast Quarter of the Southeast Quarter of Section 35, Township 121, Range 23, Wright County,
Minnesota.
Proposed Easement Description:
A permanent easement for drainage and utility purposes over, under, and across the north 60.00 feet
and the east 60.00 feet of the south 230.94 feet of the west 1262.00 feet of the Southeast Quarter of
the Southeast Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota.
Together with a temporary easement for construction purposes over, under, and across the north 30.00
feet and the east 30.00 feet of the south 260.94 feet of the east 1192.00 feet of the Southeast Quarter
of Section 35, Township 121, Range 23, Wright County, Minnesota.
AND also together with a temporary easement for construction purposes over, under, and across the
south 170.94 feet of the west 1102.00 feet of the Southeast Quarter of the Southeast Quarter of Section
35, Township 121, Range 23, Wright County, Minnesota.