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3.14 Prairie Pointe Vacation of Public Right-of-Way and Roadway Easements Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 27 June 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Clerk Etzel 3.14 – Prairie Pointe STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of a revised resolution vacating public right-of-way and roadway easements abutting the plat of Prairie Pointe. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission 18 October 2021. BACKGROUND/JUSTIFICATION: D.R. Horton applied for a vacation of the existing right-of-way and roadway easements for Marlowe Avenue and 83rd Street in conjunction with the preliminary plat of Prairie Pointe. The public right-of-way and roadway easements are no longer required upon approval of the Prairie Pointe final plat that will provide for local streets internal to the subdivision between 80th Street and 83rd Street. The City Council adopted Resolution 2021-85 approving the vacation on 25 October 2021. As part of the recording process of the final plat, Wright County requested changes to the resolution making clear that the vacation included both public right-of-way and roadway easements. City staff has drafted a revised resolution for City Council consideration to this effect. SUPPORTING DOCUMENTS ATTACHED: ▪ Resolution 2022-61 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2022-61 approving vacation of public right-of-way and roadway easements abutting the final plat of Prairie Pointe. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-61 APPROVING VACATION OF EXISTING PUBLIC RIGHT-OF-WAY AND ROADWAY EASEMENTS ABUTTING THE PLAT OF PRAIRIE POINTE WHEREAS, D.R. Horton, Inc. Minnesota has initiated vacation of existing public right-of-way and roadway easements for Marlowe Avenue and 83rd Street abutting the plat of Prairie Pointe; and WHEREAS, the City Engineer has reviewed the request and determined that the existing public right-of- way and roadway easements are not necessary for public purposes upon recording a final plat for Prairie Pointe; and WHEREAS, the Planning Commission held a public hearing at their regular meeting on 18 October 2021 to consider the vacation, preceded by required published and mailed legal notice; and WHEREAS, the Planning Commission heard all parties interested therein, closed the public hearing and voted 4-0 to recommend the City Council approve the vacation request; and WHEREAS, the Request for Council Action dated 25 October 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and WHEREAS, the City Council having considered all information received finds that the existing public right-of-way and roadway easements serve no useful public purpose and vacating the existing drainage and utility easements would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the existing public right-of-way and roadway easements for Marlowe Avenue and 83rd Street abutting the plat of Prairie Pointe are hereby vacated. 2. The vacation shall be effective upon recording a final plat for the Prairie Pointe preliminary plat. 3. The City Council hereby determines that the vacation of said existing right-of-way and roadway easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 27th day of June 2022. CITY OF OTSEGO BY:______________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk