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RES 2023-18 Approving Vacation of Existing Easements within the Plat of Nathe 2nd AdditionCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2023-18 APPROVING VACATION OF EXISTING EASEMENTS WITHIN THE PLAT OF NATHE 2ND ADDITION WHEREAS, Modern Construction of Minnesota, LLC has initiated vacation of existing drainage and utility easements and park easements dedicated over Lots 1 and 2, Block 1; Lot 1, Block 2; and Oulot A, Nathe 2"d Addition, and, WHEREAS, the City Engineer has reviewed request and determined that the existing drainage and utility easements and park easements are unnecessary for public purposes upon recording a final plat for Mississippi Landing; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 21 February 2023 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 5-1 to recommend the City Council approve the vacation request; and, WHEREAS, the Request for Council Action dated 13 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 and park easements serve no useful public purpose and vacating these 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 drainage and utility easements and park easements dedicated over the final plat of Nathe 2"d Addition are hereby vacated. 2. The vacation shall be effective upon recording a final plat for the Mississippi Landing preliminary plat. 3. The City Council hereby determines that the vacation of said existing easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 1 MOTION BY: Dahl SECOND BY: Goede ALL IN FAVOR: Dahl, Goede THOSE OPPOSED: Stockamp and Moores and Dunlap ADOPTED by the City Council of the City of Otsego this 13th day of March, 2023. CITY OF OTSEGO Jessica=t. Stockamp, Mayor Audra ttzel, City (:lerl< 2 EXHIBIT A EASEMENT DESCRIPTION A permanent easement for drainage and utility purposes over, under and across part of the following described property That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quart of Section 30, Township 121, Range 23, Wright County, Minnesota described as follows: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Corner; thence west along the north line thereof, a distance of 233.05 feet to the actual point of beginning of the tract of land to be described, thence southwesterly deflecting left 80 degrees 48 minutes 00 seconds, a distance of 324.77 feet; thence west parallel with the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, a distance of 104.07 feet, thence south parallel with the east line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, a distance of 338.71 feet to the south line thereof; thence west along said south line, a distance of 286.76 feet to the southwest corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, thence east along the north line thereof, a distance of 447.47 feet to the point of beginning. Said permanent easement is described as follows. Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter, thence North 89 degrees 19 minutes 14 seconds West, assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 264.23 feet to the point of beginning of the easement to be described, thence South 00 degrees 40 minutes 46 seconds West a distance of 33.00 feet; thence South 62 degrees 31 minutes 59 seconds West a distance of 35.82 feet; thence North 27 degrees 28 minutes 01 seconds West a distance of 19.00 feet; thence North 27 degrees 28 minutes 01 seconds West a distance of 33.00 feet to the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence South 89 degrees 19 minutes 14 seconds East along said north line of a distance of 40.29 feet to the point of beginning. 3