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RES 15-16RESOLUTION NO.: 2015 -16 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN WILSON PRESERVE. WHEREAS, the City of Otsego approved an application from CBR Development, LLC for a final plat of Wilson Preserve of land that includes dedication of Outlot A to the City for public park purposes; and, WHEREAS, the area of Outlot A includes drainage and utility easements as shown by Exhibit A previously dedicated to the City; and, WHEREAS, dedication of Outlot A to the City for public park purposes makes unnecessary those drainage and utility easements previously dedicated within Outlot A; and, WHEREAS, CBR Development, LLC has applied for vacation of the drainage and utility easements previously dedicated within Outlot A; and, WHEREAS, the drainage and utility easements previously dedicated within Outlot A, serve no useful public purpose upon concurrent recording of a final plat Wilson Preserve; and, WHEREAS, The Otsego Planning Commission held a public hearing at their regular meeting on 2 March 2015 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council support the proposed subdivision based on the aforementioned findings. WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating a portion of the existing right-of-way as shown on Exhibit A would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A is hereby vacated. 2. The vacation of said drainage and utility easement shall be effective upon the recording of a final plat for Wilson Preserve and dedication of Outlot A to the City. 3. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: Heidner SECOND BY: Warehime ALL IN FAVOR: Stockamp, Heidner, Warehime, Schroeder THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 9t" day of March, 2015. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: Jes ca L. Stockamp, Mayor 2 EXHlorr A znaquianlKa tea^ a �onaTan Sc3 2y93+m i H=i ) I - AT1p SYom �S�•, Amp; ��� ) I ) I ism L. �Qa5gso°R. ia 3 sam= _ —. mS �a�aQssong in�c •—. '.� a/`L �..- ODEwAVENUENE..—�._ .—. -:q 2 =xn w�nmo°iu eN�o ! I 1 i20 y gym? mm�n^.m•-°.'omm ) {{��////// Soso '°?3� Nx� ooaaoao�o3'� I=o D� C^ O•^o�o. ^...R v n a °�^ �U$aeooaxm oy�a I J I ��y v�om ma ?ooze -- N ypP� -A waxe Nil wx - ^ a° ^n av°—�v n••Fu 50 �m yzs A v i5�� �p NimToaowma� Qmoo P mK =DO '—a° 13 1 o �oC mm�ooa qam ' .°m. Qo �oc�m rDjma �n1 6}, •, Z P �o no. E8 14&3 (VACATED PPoDR 7D PUTiWC L m mm Y�{y� o �` 9 ® bD eft <R. yii�i ! ) Imy // I p p N�y O j cmc 0l spi o 3 £ ( __ a a Im x 2�p � � = o� �� I o I c .I. �irmd�t •mT �- — ;� � I I g� T / � z � � d �. x3 ` � L � � �° m�m ° x a I ° I z w W 0 CITY OF OTSEGO. A permanent easement for drainage and utility purposes over, under and across the North 20.00 feet o that part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 121, Range 23, Wright County, Minnesota, the northerly line of which is described as follows: Beginning a point on the West line of said Southwest Quarter of the Northeast Quarter distant 712 feet North frrom the Southwest corner thereof, thence East, at right angles to said West line, to intersect the East line of the West 625.24 feet of said Southwest Quarter of the Northeast Quarter and there terminating. the Westerly 50 feet thereof. AND A permanent easement for drainage and utility purposes over, under and across that part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 121, Range 23, Wright County, Minnesota, described as follows: Commencing at a point on the West line of said Southwest Quarter of the Northeast Quarter distant 712 feet north from the Southwest corner thereof, thence East, at right angles to said West line, to the intersect the East line of the West 625.24 feet of said Southwest Quarter of the Northeast Quarter, said point of intersection also being the point of beginning of the land to be described; thence continue East, on the extension of the last described line, a distance of 265.00 feet; thence southerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 265 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 190.00 feet; thence northwesterly, deflecting to the left 68 degrees 00 minutes 00 seconds, a distance of 360.00 feet; thence easterly, deflecting to the right 68 degrees 00 minutes 00 seconds, to the East line of said Southwest Quarter of the Northeast Quarter; thence southerly, along said East line, to the Southeast corner of said Southwest Quarter of the Northeast Quarter; thence westerly, along the South line of said est 625.24 feet of said Southwest Quarter of the Northeast Quarter ttsnortherly, aect the East ne said Eaf the st line of the West 625.24 Southwest Quarter of the Northeast Quarter; thence feet, to the point of beginning. EXCEPT the Southerly 33.00 feet. A permanent ingress and egress easement over and across said Southwest Quarter of the Northeast Quarter lying 66.00 feet westerly and southerly of the following described line: Beginning at the Southeast corner of said Southwest Quarter of the Northeast Quarter; thence northerly along the easterly line of said Southwest Quarter of the Northeast Quarter a distance of 590.00 feet; thence deflecting 82 degrees to the left a distance of 250.00 feet and said line there terminating.