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RETURN T0:
Commonwealth Land Title
400 Sibley St, #255
St. Paul MN 55101
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF OTSEGO
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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