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04-31y , RETURN T0: Commonwealth Land Title 400 Sibley St, #255 St. Paul MN 55101 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO C ,0 Doc. No. A 960492 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 05-24-2005 at 02:00 Check #: 1159101660 Fee: $29.50 Payment Code 02 Add[. Fee NS DIT Larry A. Unger, County Recorder I, the undersigned, being the duly qualified City Clerk of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have compared the attached Resolution 2004-31 with the original thereof on file in my office, and that the same is a true copy of the original filed at my office. J WITNESS my hand on August 13, 2005. J d Hud o City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2004-31 RESOLUTION APPROVING VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT- OUTLOT A, WATERFRONT SECOND 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, 5 Heirs, LLC; 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: See attached Exhibit A. 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 14th day of June, 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 14th day of June, 2004, at the Otsego City Hall and heard all parties interested therein, and; WHEREAS, consideration of the Resolution was tabled until the City Council meeting of July 12, 2004 at which time the resolution was adopted; 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: See attached Exhibit A. 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 Scharber, seconded by CM Wendel at the meeting of the Otsego City Council on the 12th day of July, 2004. IN FAVOR: Mayor Fournier, CM Heidner, CM Wendel and CM Scharber. Absent: CM Struthers. OPPOSED: None CITY OF O GO rry Ddrnier, Mayor Legal Description: A 20.00 foot wide easement for drainage and utility purposes over across and under outlot A, waterfront Second Addition, which lies East of the west 10.00 feet of said outlot A and the centerline of said easement is described as follows: Commencing at the southwest corner of said outlot A; thence North 0 degrees 18 minutes 43 seconds west, along the west line of said outlot A, a distance of 90.56 feet to the Point of Beginning of said centerline; thence South 49 degrees 36 minutes 02 seconds East, a distance of 51.45 to the southeasterly line of said 20.00 foot wide drainage and utility easement and said centerline there terminating. EXHIBIT A