04-05CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2004-05
RESOLUTION APPROVING VACATION OF A PORTION OF A DRAINAGE
AND UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT-
MISSISSIPPI SHORES SIXTH ADDITION
WHEREAS, the City of Otsego has received a request to vacate the above-described
portion of a drainage and utility easement from one of the affected property owners,
Landcor, Inc.; and
WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacation; and
WHEREAS, those portions of the established drainage and utility easement to be
vacated are described as follows:
That part of the drainage and utility easement dedicated in Lot 5, Block 1 in the
Plat of MISSISSIPPI SHORES 6`" ADDITION, on file and of record at the Office
of the Wright County Recorder described as follows: The southern seventeen (17)
feet of the northerly twenty five (25) feet of the lot excepting the westerly ten (10)
feet and the easterly five (5) feet.
WHEREAS, the City Council has determined that vacating said portion of the above
described drainage and utility easement would be in the public interest; and
WHEREAS, the City of Otsego having considered testimony related to the
proposed vacation of that portion of the drainage and utility easement so described;
and
WHEREAS, the City Council ordered a public hearing and meeting to act upon said
proposed vacation at 6:30 p.m. on the 9th day of February, 2004, at the Otsego City
Hall; and
WHEREAS, all legal requirements regarding giving notice have been satisfied; and
WHEREAS, the City Council did meet on the 9th day of February, 2004, at the
Otsego City Hall and heard all parties interested therein, and;
WHEREAS, it now appears to the Otsego City Council that such portion of said
drainage and utility easement serves no useful purpose;
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the portion of the drainage and utility easement located in the City of Otsego,
Wright County, Minnesota, described as follows:
That part of the drainage and utility easement dedicated in Lot 5, Block 1 in
the Plat of MISSISSIPPI SHORES 6th ADDITION, on file and of record at
the office of the Wright County Recorder described s follows: The southern
seventeen (17) feet of the northerly twenty five (25) feet of the lot
excepting the westerly ten (10) feet and the easterly five (5) feet.
is hereby vacated.
2. The City Council hereby determines that vacation of said portion of a 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 for adoption of resolution by CM Heidner , seconded by
CM Srhnrhar at the meeting of the Otsego City Council on the 9th day of
February, 2004.
IN FAVOR: Mayor Fournier, Councilmemberso Heidner, Struthers and Scharber.
(Wendel was absent from the meeting)
OPPOSED: None
2
Ju udso , ity Clerk
CITY OF OTSEGO