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RES 20-39CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-39 VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 1-7, BLOCK 1 MARTIN FARMS 3RD ADDITION WHEREAS, Martin Farms 3rd Addition was approved by the City Council on 26 October 2015; and WHEREAS, a wetland buffer was established over Lots 1-7, Block 1, Martin Farms 3rd Addition in accordance with Section 11-16-5.F.4 of the Zoning Ordinance; and WHEREAS, the wetland buffer was overlaid by drainage and utility easement dedicated to the City with the Martin Farms 3rd Addition final plat; and WHEREAS, application has been made to amend the boundaries of the wetland buffer and vacate that portion of the existing drainage and utility easement lying outside of the revised wetland buffer; and WHEREAS, the portion of the existing drainage and utility easement lying outside of the revised wetland buffer boundary as described by Exhibit A serves no public purpose; and, WHEREAS, the Otsego Planning Commission opened a public hearing at their regular meeting on 2 December 2019 to consider the application, preceded by published and mailed notice that was continued to 15 June 2020 to receive additional information; and WHEREAS, based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings; and WHEREAS, the planning reports dated 19 November 2019 and 1 June 2020 prepared by the City Planner, the Planning Company LLC, are incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. That the existing drainage and utility easements within the property described by Exhibit A are 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. 1 ADOPTED by the Otsego City Council this 22nd day of June, 2020. MOTION BY: Darkenwald SECONDED BY: Warehime INFAVOR: Stockamp, Darkenwald, Warehime, Goede, Tanner OPPOSED: None CITY OF OTSEGO Ail Jessica L. Stockamp, Mayor or ATTEST: Tami M. Loff, City Clerk EXHIBIT A All that part of the drainage and utility easement dedicated within Lots 1 through Lot 7, Block 1, MARTIN FARMS 3RD ADDITION, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 7; thence North 80 degrees 43 minutes 33 seconds West, assumed bearing along the southerly line of said Lot 7, a distance of 21.59 feet; thence North 50 degrees 18 minutes 31 seconds West, a distance of 19.75 feet to its intersection with the north line of the southerly 10.00 feet of said Lot 7, said line also being the northerly line of said drainage and utility easement and the point of beginning of the land to be described; thence continue North 50 degrees 18 minutes 31 seconds West, along said easement line, a distance of 47.61 feet to the northwesterly line of said Lot 7 and also the southeasterly line of said Lot 6; thence continuing North 50 degrees 18 minutes 31 seconds West, along said easement line a distance of 45.77 feet; thence North 51 degrees 31 minutes 97 seconds West, along said easement line, a distance of 37.97 feet to the northwesterly line of said Lot 6 and also the southeasterly line of said Lot 5; thence continuing North 51 degrees 31 minutes 59 seconds West, along said easement line, a distance of 73.09 feet to the northwesterly line of said Lot 5 and also the southeasterly line of said Lot 4; thence continuing North 51 degrees 31 minutes 59 seconds West, along said easement line a distance of 39.71 feet; thence North 70 degrees 06 minutes 44 seconds West along said easement line a distance of 25.38 feet to the northwesterly line of said Lot 4 and also the southeasterly line of said Lot 3; thence North 70 degrees 11 minutes 28 seconds West, along said easement line, a distance of 70.25 feet to the northwesterly line of said Lot 3 and also the southeasterly line of said Lot 2; thence North 70 degrees 12 minutes 06 seconds West, along said easement line, a distance of 69.10 feet to the northwesterly line of said Lot 2 and also the southeasterly line of said Lot 1; thence continuing North 70 degrees 12 minutes 06 seconds West, along said easement a distance of 24.01 feet; thence North 35 degrees 06 minutes 33 seconds West, along said easement line a distance of 102.44 feet to the southeasterly line of the northwesterly 5.00 feet of said Lot 1; thence South 17 degrees 19 minutes 30 seconds East, a distance of 32.74 feet; thence South 35 degrees 06 minutes 33 seconds East, a distance of 74.44 feet; thence South 70 degrees 13 minutes 17 seconds East, a distance of 132.78 feet; thence South 70 degrees 06 minutes 44 seconds East, a distance of 57.47 fee; thence South 51 degrees 31 minutes 59 seconds East, a distance of 149.03 feet; thence South 50 degrees 18 minutes 31 seconds East, a distance of 76.29 feet to said north line of the southerly 10.00 feet of Lot 7; thence South 80 degrees 43 minutes 33 seconds East, a distance of 19.75 feet to the point of beginning. EXCEPTING therefrom all that part of the above described property that lies within 5.00 feet of the common lot lines between Lots 7 & 6, Lots 6 and 5, Lots 5 and 4, Lots 4 and 3, Lot 3 and 2, and Lots 2 and 1 said Block 1.