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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. 1 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 S-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 WRIGHT City of Otsego :1 And, :1 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 S-2