ITEM 3.6 Heritage Pointe 1 AddW
OtCI�egoF
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
9 June 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
City Administrator Johnson
3.6 — Heritage Pointe 1" Add.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval a resolution vacating existing drainage and utility easements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes.
Held by Planning Commission 2 December 2013
BACKGROUND/JUSTIFICATION:
DR Horton applied for and received preliminary plat approval of Heritage Pointe 1st Addition, which
includes three lots of record platted with the Zimmer Farms final plat. The application included
vacation of existing drainage and utility easement for the three lots of record within the Zimmer Farms
final plat to be effective upon approval of the Heritage Pointe 15t Addition Final Plat. The City Council
approved the Heritage Pointe 15t Addition Final Plat at their meeting on 24 March 2014, which included
the three lots of record within the Zimmer Farms final plat. Adoption of a resolution vacating the
existing drainage and utility easements is necessary to finalize the Heritage Pointe 15t Addition Final plat
and City staff has drafted the document attached hereto for that purpose.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Resolution 2014-38
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Resolution 2014-38 approving vacation of existing drainage and utility easements
within Heritage Pointe 15t Addition.
BUDGET INFORMATION
FUNDING: I BUDGETED: ❑ YES
NA
ACTION TAKEN
❑ NO
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
RESOLUTION NO.: 2014 - 38
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS WITHIN HERITAGE POINTE 1ST ADDITION.
WHEREAS, the City of Otsego approved a preliminary plat of Heritage Pointe 1St
Addition that includes three lots of record established with the final plat of Zimmer Farms;
and,
WHEREAS, the Zimmer Farms Final Plat included dedication to the City of
drainage and utility easements shown by Exhibit A; and,
WHEREAS, DR Horton, Inc. has proposed to replat Lot 1 and 2, Block 3 Zimmer
Farms and Lot 1, Block 4 Zimmer Farms within the Final Plat of Heritage Pointe 1St
Addition; and,
WHEREAS, the preliminary plat of Heritage Pointe 1St Addition would establish
those drainage and utility easements required by Section 21-7-15 of the Subdivision
Ordinance based on the design of the preliminary plat; and,
WHEREAS, the easements shown on the Heritage Pointe 1St Addition
preliminary plat would supersede and make unnecessary those drainage and utility
easements previously dedicated within Lot 1 and 2, Block 3 Zimmer Farms, Lot 1, Block
4 Zimmer Farms; and,
WHEREAS, DR Horton, Inc. has applied for vacation of the drainage and utility
easements dedicated with the previously approved final plat; and,
WHEREAS, the Planning Commission held a public hearing at their regular
meeting on 2 December 2013 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 previously dedicated with the
Zimmer Farms Final Plat serve no useful public purpose upon concurrent recording of a
final plat for Heritage Pointe 1 st Addition; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication 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 drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A is hereby vacated.
2. The vacation of said drainage and utility easement shall be effective upon the
recording of a final plat for Heritage Pointe 1St Addition.
3. 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:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9t" day of June,
2014.
CITY OF OTSEGO
I0-YA
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
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