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04-72Return to: Otsego City Hall 8899 Nashua Avenue NE Otsego, MN 55330 CITY OF OTSEGO COUNTY OF WRIGHT RESOLUTION NO. 2004-72 FOR APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT OVERLAYING OUTLOT H OF MARTIN FARMS AND CONDITIONAL USE PERMIT APPROVAL DATE: December 13, 2004 Property Owners/ Insignia Development, LLC Applicants: 6889 Rowland Road, Suite 100 Eden Prairie, MN 55344 Property: Section 30, Range 23, Township 121 Outlot H of Martin Farms Action: The City Council at their December 13, 2004 meeting, adopted the Resolution No. 2004-72 approving vacation of a drainage and utility easement overlying outlot H of Martin Farms and approval to the conditional use permit to allow a private neighborhood recreation facility, subject to the six conditions listed in the attached Findings of Fact. Drafted by: Judy Hudson, City Clerk and zoning Administrator RESOLUTION NO. 2004-72 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT OVERLYING OUTLOT H OF MARTIN FARMS. WHEREAS, the City of Otsego has received a request to vacate existing drainage and utility easements overlying Outlot H of Martin Farms from Insignia Development, Inc, the owner of the property; and, WHEREAS, the drainage and utility easement to be vacated is described by Exhibit A; and, WHEREAS, the Planning Commission held a public hearing to consider the proposed vacation at its meeting on 6 December 2004 at 7:00 PM at Otsego City Hall recommended approval of the vacation by a 7-0 vote; and, WHEREAS, based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council has determined that vacating the existing drainage and utility easement over Outlot H of Martin Farms would be in the public interest NOW THEREFORE the City Council of the City of Otsego hereby orders: 1. The existing drainage and utility easement overlying Outlot H of Martin Farms is hereby vacated. 2. The City Council hereby determines that vacation of said easement shall, cause no damage to abutting or nearby properties and therefore no damages are awarded to any such property owners. 3. The vacation is subject to contemporaneous recording of the Final Plat of Martin Farms 2nd Addition as approved by the City Council. Failure to record said final plat within the time prescribed by the Otsego Subdivision Ordinance shall render this vacation null and void. RESOLUTION NO. 2004-72 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT OVERLYING OUTLOT H OF MARTIN FARMS. WHEREAS, the City of Otsego has received a request to vacate existing drainage and utility easements overlying Outlot H of Martin Farms from Insignia Development, Inc, the owner of the property; and, WHEREAS, the drainage and utility easement to be vacated is described by Exhibit A; and, WHEREAS, the Planning Commission held a public hearing to consider the proposed vacation at its meeting on 6 December 2004 at 7:00 PM at Otsego City Hall recommended approval of the vacation by a 7-0 vote; and, WHEREAS, based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council has determined that vacating the existing drainage and utility easement over Outlot H of Martin Farms would be in the public interest NOW THEREFORE the City Council of the City of Otsego hereby orders: 1. The existing drainage and utility easement overlying Outlot H of Martin Farms is hereby vacated. 2. The City Council hereby determines that vacation of said easement shall, cause no damage to abutting or nearby properties and therefore no damages are awarded to any such property owners. 3. The vacation is subject to contemporaneous recording of the Final Plat of Martin Farms 2nd Addition as approved by the City Council. Failure to record said final plat within the time prescribed by the Otsego Subdivision Ordinance shall render this vacation null and void. PASSED by the Otsego City Council this 13th day of December, 2004. CITY OF OTSEGO a/''r IWO • 75er, Mayor Attest*Jd ud n, Zoning Administrator/City Clerk PASSED by the Otsego City Council this 13th day of December, 2004. CITY OF OTSEGO a/''r IWO • 75er, Mayor Attest*Jd ud n, Zoning Administrator/City Clerk