ITEM 4.1 Resolution 14-25P
Ot�e,ffo
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
April 28, 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Administrator Johnson
4.1
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends approval of Resolution 2014-25 allowing the partial vacation of unneeded portions of
drainage and utility easement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Yes
BACKGROUND/JUSTIFICATION:
Duke Realty Corporation platted Gateway North 2nd Addition with the inclusion of several easements as
part of an overall master plan several years ago. Duke Realty has since secured a tentative for a building
which is under construction. The building required modifications of the Dukes master plan and thus
reconfiguring existing and proposed storm water ponds. The reconfiguration of these storm water
ponds negates the need for portions of a couple of drainage and utility easements as shown on Exhibit
A.
Duke Realty has subsequently entered into a developer's agreement with the City of Otsego in which
they will be platting Gateway North 3rd Addition. Gateway North 3rd Addition will convey to the City of
Otsego any new needed easements for the reconfigured storm water ponds and for municipal utilities.
Therefore we find that the portions of the drainage and utility easements proposed to be vacated no
longer serve a public purpose and be allowed to be vacated.
SUPPORTING DOCUMENTS: X ATTACHED NONE
• Resolution 2014-25 & Exhibit A
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve Resolution 2014-25 allowing the partial vacation of unneeded portions of drainage
and utility easement within Gateway North 2nd Addition Outlot A as shown in Exhibit
A.
BUDGET INFORMATION
FUNDING: BUDGETED: YES
Not Applicable
NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014- 25
RESOLUTION APPROVING PARTIAL VACATION OF EXISTING DRAINAGE AND
UTILITY EASEMENTS, CITY OF OTSEGO, COUNTY OF WRIGHT-
OUTLOT A, GATEWAY NORTH 2"D ADDITION
WHEREAS, the City of Otsego has received a request to vacate the below
described existing drainage and utility easement from the affected property owner Duke
Realty Corporation; and
WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacation; and
WHEREAS, those portions of the established drainage and utility easements to be
vacated are described as follows:
See Exhibit A.
WHEREAS, the City Council has determined that vacating said portion of the
above described easements would be in the public interest; and
WHEREAS, the City of Otsego having considered testimony related to the
proposed vacation of that portion of the easements so described; and
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacation at 7:00 p.m. on the 28th day of April, 2014, at the Otsego Council
Chambers at Prairie Center; and
WHEREAS, all legal requirements regarding giving notice have been satisfied; and
WHEREAS, the City Council did meet on the 28th day of April , 2014, at the Otsego
Council Chambers at Prairie Center and heard all parties interested therein, and;
WHEREAS, it now appears to the Otsego City Council that such portion of said
drainage and utility easement is not necessary;
1
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the portion of the drainage and utility easements and conservation easements
located in the City of Otsego, Wright County, Minnesota, described as follows:
See Exhibit A
are hereby vacated.
2. The City Council hereby determines that vacation of said portion of drainage and
utility easements shall cause no damage to any abutting or nearby property owners
and therefore no damages are awarded to any such property owners.
Adopted by the City Council this 28th day of April, 2014.
Motioned By:
Seconded By:
All in Favor:
Those Opposed:
Tami Loff, Clerk
Jessica Stockamp, Mayor
2
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EASEMENT VACATION
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