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04-52RETURN To: (ENVEL) City of Otsego 8899 NE Nashua Ave Otsego MN 55330 DATE: Doc. No. A 930592 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 10-08-2004 at 03:00 Check #: 11998 Fee: $19.50 Payment Code 02 Addl. Fee Larry A. Unger, County Recorder CITY OF OTSEGO COUNTY OF WRIGHT RESOLUTION NO. 2004-52 APPROVING VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT KITTREDGE CROSSINGS Property Owners/ Applicants: Property: August 9, 2004 Darrel A. Farr Development 172 Hamel Road Hamel, MN 55340 Kittredge Crossings Section 26, Range 24, Township 121 See Exhibit A Action: The City Council at their August 9, 2004, City Council meeting adopted Resolution 2004-52 approving vacation of a portion of a drainage and utility easement in Kittredge Crossings, Exhibit A, City of Otsego, County of Wright, State of Minnesota. Drafted by: Q)t� L�1� d H on, City Clerk and z n ng d inistrator 7h/kr Exhibit A Drainage and utility Easement over under and across all of outlot M, KITTREDGE CROSSINGS, on file and of record at the Wright county Recorder's office, Wright County, Minnesota. 1, .0 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2004-_U RESOLUTION APPROVING VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT CITY OF OTSEGO, COUNTY OF WRIGHT KITTREDGE CROSSINGS WHEREAS, the City of Otsego has received a request to vacate the above-described portions of drainage and utility easements from one of the affected property owners, Darrell A. Farr Development Company, 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 easements to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating said portion of the above described drainage and utility easements 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 easements 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 9t' day of August, 2004, at the Otsego City Hall; and A WHEREAS, all legal requirements regarding giving notice have been satisfied; and WHEREAS, the City Council did meet on the 91h day of August, 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 easements located in the City of Otsego, Wright County, Minnesota, described as follows: See Exhibit A is hereby vacated. 2. The City Council hereby determines that vacation of said portion of a drainage and utility easements 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 Mayor Fournier at the meeting of the Otsego City Council on the 9`h day of August, 2004. IN FAVOR: Mayor Fournier; Councilmen, berso Vern Heidner, Virginia Wimdel, Jerry Struthers and Dan Scharber. OPPOSED: NONE CITY OF OTSEGO f arry mi r, Mayor 2 q -'i '(fit 7 y Clerk EXHIBIT A Drainage and Utility Easement over under and across all of Outlot M, KITTREDGE CROSSINGS, on file and of record at the Wright County Recorder's Office, Wright County, Minnesota. 7. The applicant must enter into a development contract with the City, subject to review and approval of the City Attorney. PASSED by the Otsego City Council this 12th day of July, 2004. CITY OF OTSEGO By: 6rryv Attest. Ju y ud Zoning Administrator/City Clerk 9305`x'2