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05-07CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-07 RESOLUTION APPROVING VACATION OF PORTION OF A DRAINAGE AND UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT LOCATED ON OUTLOT G, IN THE PLAT KNOWN AS KITTREDGE CROSSINGS WHEREAS, the City of Otsego has received a request to vacate the above-described portion of a drainage and utility easement from Lucinda Gardner, President of Darrel Farr Development Corp.; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, that portion of the established drainage and utility easement to be vacated is described as follows: Outlot G, KITTREDGE CROSSINGS, according to the recorded plat thereof, Wright County, Minnesota. 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 necessary easement will be rededicated with the Final Plat of Kittredge Crossings 8d' Addition; 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 vacations at 6:30 p.m. on the 28th day of February, 2005, 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 28th day of February, 2005, 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 on Outlot G, KITTREDGE CROSSINGS in the City of Otsego, Wright County, Minnesota, described herein is hereby vacated with all related costs being the responsibility of Darrel Farr Development Corp., contingent upon the necessary easement will be rededicated with the Final Plat of Kittredge Crossings 8d' Addition, and contingent upon the recording of Final Plat of Pleasant Creek Farms 8d' Addition. 2. The City Council hereby determines that vacations of said portion of the said 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 Stockamp at the meeting of the Otsego City Council on the 28th day of February, 2005. INFAVOR: Deputy Mayor Heidner, CM Scharber, CM Stockamp and CM Thorsted OPPOSED: NONE 0) CITY OF OTSEGO .fin,.., Ika== Vern Heidner, Deputy Mayor Q I I )m A i� ujcn,,� J d ITU so , City Clerk