RES 2023-23 Approving Termination of Temporary Drainage and Utility Easements within the Plat of Parkview Retail 2nd AdditionCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2023-23
APPROVING TERMINATION OF TEMPORARY DRAINAGE AND UTILITY EASEMENTS
WITHIN THE PLAT OF PARKVIEW RETAIL ND
dedicate
WHEREAS, the temporary drainage and utility easements were dedicated by the Subdivider in a
document executed June 14, 2021 and recorded with Wright County as Document 1474144; and
WHEREAS, the document provides that the temporary drainage and utility easements shall expire upon
approval of a final plat for Outlot A, Parlcview Retail 2nd Addition; and
WHEREAS, Parkview Partners, LLC has submitted application for approval of a final plat of Outlot A
Parlcview Retail 2"d Addition as Parkview Retail 3'd Addition consisting of two lots; and
WHEREAS, the proposed Parlcview Retail 3d Addition final plat provides for dedication of permanent
drainage and utility easements as required by Section 10-8-15 of the Subdivision Ordinance; and
WHEREAS, the City Engineer has determined that the temporary drainage and utility easements
dedicated over Outlot A, Parlcview Retail 2nd Addition no longer serve a public purpose upon approval of
the Parlcview Retail 3rd Addition final plat; and
WHEREAS, the Request for Council Action dated 27 March 2023 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 drainage
and utility 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 THAT:
1. The existing temporary drainage and utility easements dedicated over Outlot A, Parlcview Retail
2�d Addition are terminated.
2. The termination shall be effective upon recording a final plat for Parlcview Retail 3rd Addition.
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3, The City Council hereby determines that the termination of said existing temporary 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,
3. The Easement Termination document attached hereto between the City of Otsego and Parl<view
Partners, LLC is hereby approved in form subject to modification as approved by City staff.
2. The Mayor and City Clerl< are hereby authorized to execute the Easement Termination on behalf of
the City of Otsego.
ADOPTED by the Otsego City Council this 27' day of March, 2023,
MOTION BY: MOORES
SECONDED BY: GOEDE
IN FAVOR: STOCKAMP, MOORES, GOEDE, DAHL, DUNLAP
OPPOSED: NONE
CITY OF OTSEGO
d 7.`
Jessica.,. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
EASEMENT TERMINATION
Parkview Partners, LLC, a Minnesota limited liability company ("Parkview"), and
the City of Otsego, a municipal corporation organized under the laws of the State of
Minnesota, ("City"), make this Easement Termination (this "Termination') effective as of
, 2023 (the "Effective Date").
RECITALS
A. Parkview granted the City a temporary easement for public drainage and utility
purposes over, across, on and through the property owned by Parkview and
legally described and set forth in the Grant of Temporary Easement dated June
14, 2021, and recorded June 18, 2021, as Document No. A1474144 (the
"Easement").
B. Parkview and the City wish to terminate the Easement.
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree that the Easement is terminated, vacated, extinguished and
released in all respects, any and all right, title, or interest that the City, or its successors and
assigns may have in and to the Easement is terminated, vacated, extinguished and released and
of no further force and effect as of the Effective Date.
This Termination may be executed in one or more counterparts, each of which in the
aggregate shall constitute one and the same instrument.
[Signature pages follow]
[29105-0003/4987601 /1 ]
SIGNATURE PAGE TO
EASEMENT TERMINATION
The undersigned has executed and delivered this Termination as of the Effective Date.
STATE OF MINNESOTA
SS
COUNTY OF
Parkview Partners, LLC
Christopher J. Rice, Chief Manager
On this day of , 2023, before me, a Notary Public for this
County, personally appeared Christopher J. Rice, who, being by me duly sworn, did say that
he is the Chief Manager of Parkview Partners, LLC, and that this instrument was signed on
behalf of said limited liability company by authority of its Members and acknowledged said
instrument to be the free act and deed of said limited liability company.
Notary Public
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SIGNATURE PAGE TO
EASEMENT TERMINATION
The undersigned has executed and delivered this Termination as of the Effective Date.
STATE OF MINNESOTA
SS
COUNTY OF WRIGHT
City of Otsego
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And,
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Jessica L. Stockamp
Its Mayor
Audra Etzel
Its City Clerk
On this day of , 2023, before me, a Notary Public for this County,
personally appeared Jessica L. Stockamp and Audra Etzel, who, being by me duly sworn, did say
that they are the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation,
and that this instrument was signed on behalf of said corporation by authority of its City Council
and acknowledged said instrument to be the free act and deed of said corporation.
THIS INSTRUMENT DRAFTED BY:
Rinke Noonan (HAM/bjs)
1015 West St. Germain, Suite 300
P.O. Box 1497
St. Cloud, MN 56302-1497
(320) 251-6700
File No. 29105-0003
Notary Public
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