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RES 2023-55 Vacation of a Portion of Existing Drainage and Utility Easements Within Lot 2, Block 1, Parkview Retail 3rd AdditionCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2023-55 VACATION OF A PORTION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, PARKVIEW RETAIL 3RD ADDITION WHEREAS, Java Companies (the "Developer") has submitted plans for development of Lot 2, Blocl< 1, Parl<view Retail 3�d Addition; and WHEREAS, the proposed site and building plans include a structure that encroaches upon a portion of an existing drainage and utility easement dedicated with the final plat of Parl<view Retail 3rd Addition; and WHEREAS, the Developer has applied forvacation ofthe portion ofthe existing drainage and utility easement described below and illustrated by Exhibit A; That part of Lot 2, Blocl< 1, PARKVIEW RETAIL 3RD ADDITION, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 2; thence South 89 degrees 41 degrees 57 minutes West, assumed bearing, along the north line of said Lot 2, a distance of 184.68 feet; thence South 00 degrees 20 minutes 43 seconds East, 130.35 feet to the point of beginning; thence continue South 00 degrees 20 minutes 43 seconds East, 9.00 feet; thence South 89 degrees 39 minutes 28 seconds West, 36.00 feet; thence North 00 degrees 20 minutes 43 seconds West, 9.00 feet; thence North 89 degrees 39 minutes 28 seconds East, 36.00 feet to the point of beginning. WHEREAS, the City Engineer has reviewed the request for vacation and determined that the portion of the existing drainage and utility easement proposed to be vacated is unnecessary for public purposes; and WHEREAS, the Planning Commission held a public hearing at their meeting on 5 June 2023 to consider the vacation request, preceded by published and mailed notice; upon review of the request and other information received, the public hearing was closed and the Planning Commission voted 3-2 for the City Council to approve the requested vacation. WHEREAS, the City Council having considered all information received finds that the portion of the existing drainage and utility easement proposed to be vacated serves no useful public purpose and that vacating said 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 easement dedicated over that part of Lot 2, Block 1, 1, Parl<view Retail 3�d Addition as described herein are vacated. 1 2. The City Council hereby determines that the vacation of said existing 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. ADOPTED by the Otsego City Council this 11th day of September, 2023, MOTION BY: Moores SECONDED BY: Goede IN FAVOR*Stockamp, Dahl, Dunlap, OPPOSED: none Goede, and Moores CITY OF OTSEGO Jessica L. Stockamp, Maydr ATTEST: Audra Etzel, City Clerk