RES 14-38RESOLUTION 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 1 st
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 1st 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: Heidner
SECOND BY: Schroeder
ALL IN FAVOR: Heidner, Schroeder, Stockamp, Darkenwald, Warehime
THOSE OPPOSED: None
2014.
ADOPTED by the City Council of the City of Otsego this 9t" day of June,
CITY OF OTSEGO
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ATTEST: ` L\Q)MY
Tami Loff, City Clerk
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