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RES 12-19RESOLUTION NO.: 2012 - 19 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF A EXISTING DRAINAGE AND UTILITY EASEMENTS PLATTED WITHIN KITTREDGE CROSSINGS 6TH ADDITION. WHEREAS, the City of Otsego approved a final plat of Kittredge Crossings 6th Addition; and, WHEREAS, the Kittredge Crossings 6th Addition final plat included dedication to the City of drainage and utility easements shown by Exhibit A; and, WHEREAS, Shelard Capital Investments, Inc. has proposed to replat the area shown on Exhibit A with single family lots and submitted a preliminary plat to be known as Kittredge Crossings 10th Addition; and, WHEREAS, the preliminary plat of Kittredge Crossings 10th Addition would establish those drainage and utility easements required by Section 21-7-15 of the Subdivision Ordinance based on the design of the preliminary plat; and, WHEREAS, the easements shown on the Kittredge Crossings 10th Addition preliminary plat would supersede and make unnecessary those drainage and utility easements previously dedicated with the Kittredge Crossings 6th Addition final plat; and, WHEREAS, Shelard Capital Investments, Inc. has applied for vacation of the drainage and utility easements dedicated with the Kittredge Crossings 6th Addition final plat; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 5 March 2012 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Planning Commission heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements dedicated with the Kittredge Crossings 6th Addition final plat serve no useful public purpose upon concurrent recording of a final plat for Kittredge Crossings 10th Addition; and, 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: 1. 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 Kittredge Crossings 10th Addition. 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: SCHROEDER ALL IN FAVOR: MAYOR STOCKAMP; COUNCIL MEMEBRS: HEIDNER, SCP1ROEDER, DARKENWALD AND SCHARBER THOSE OPPOSED: NONE ADOPTED by the City Council of the City of Otsego this 12th day of March, 2012. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: CaMQyyWpW1Pff Jes 'ca L. Stockamp, Mayor