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05-08CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-08 RESOLUTION APPROVING VACATION OF PORTIONS OF DRAINAGE AND UTILITY EASEMENTS, CITY OF OTSEGO, COUNTY OF WRIGHT LOCATED ON OUTLOT F, IN THE PLAT KNOWN AS KITTREDGE CROSSINGS, OUTLOT B, IN THE PLAT KNOWN AS KITTREDGE CROSSINGS 3rd ADDITION, and OUTLOT A, IN THE PLAT KNOWN AS KITTREDGE CROSSINGS 4`h ADDITION WHEREAS, the City of Otsego has received a request to vacate the above-described portions of a drainage and utility easements 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 vacations; and WHEREAS, those portions of the established drainage and utility easements to be vacated are described as follows: Outlot F, KITTREDGE CROSSINGS, according to the recorded plat thereof, Wright County, Minnesota. Outlot B, KITTREDGE CROSSINGS 3`d ADDITION, according to the recorded plat thereof, Wright County, Minnesota. Outlot A, KITTREDGE CROSSINGS 4d' ADDITION, according to the recorded plat thereof, Wright County Minnesota. WHEREAS, the City Council has determined that vacating said portions of the above described drainage and utility easements would be in the public interest; and 1 WHEREAS, the necessary easements will be rededicated with the Final Plat of Kittredge Crossings 7t' Addition; WHEREAS, the City of Otsego having considered testimony related to the proposed vacations of those portions of the drainage and utility easements 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 281 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 portions of said drainage and utility easements serve no useful purpose; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the portions of the drainage and utility easements located on Outlot F, KITTREDGE CROSSINGS, Outlot B, KITTREDGE CROSSINGS 3`d ADDITION, and Outlot A, KITTREDGE CROSSINGS 4h ADDITION, all in the City of Otsego, Wright County, Minnesota, described herein are hereby vacated with all related costs being the responsibility of Darrel Farr Development Corp., and contingent upon necessary easements being rededicated with the Final Plat of Kittredge Crossings 7t' Addition, and contingent upon the recording of Final Plat of Kittredge Crossings 7-' Addition. 2. The City Council hereby determines that vacations of said portions of the said drainage and utility easemenst 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 Scharb,er , seconded by CM Stockamp at the meeting of the Otsego City Council on the 28th day of 2 February, 2005. INFAVOR: Deputy Mayor Heidner, CM Scharber, CM Stockamp and CM Thorsted OPPOSED: NONE I �-ity Clerk CITY OF OTSEGO �1 n Vern Heidner, Deputy Mayor