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05-20CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-20 RESOLUTION APPROVING VACATION OF PORTIONS OF DRAINAGE AND UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT LOCATED ON OUTLOT B, MEADOWLANDS, NOW PART OF LOT 1, BLOCK 1, CEDERBERG ESTATES WHEREAS, the City of Otsego has received a request to vacate the above-described portions of a drainage and utility easement from Bogart, Pederson & Associates, on behalf of property owner Bob Cederberg; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, that portions of the established drainage and utility easement to be vacated are described as follows: Vacation of an easement for drainage and utility purposes over, under and across that part of Outlot B, MEADOWLANDS, now part of Lot 1, Block 1, CEDERBERG ESTATES, Wright County, Minnesota described as follows: The East 5.00 feet of said Outlot B, lying North of the North line of the South 5.00 feet and South of the South line of the North 10.00 feet, as measured radially to the North line of said Outlot B. WHEREAS, the City Council has determined that vacating said portions 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 those portions 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 9h day of May, 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 9th day of May, 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 easement serve 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 B, Meadowlands, now part of Lot 1, Block 1, Cederberg Estates, in the City of Otsego, Wright County, Minnesota, described herein is hereby vacated with all related costs being the responsibility of Bogart, Pederson & Associates on behalf of property owner Bob Cederberg. 2. The City Council hereby determines that vacation of said portions 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 Dan S c h a r b e r , seconded by CM Vern He i do er at the meeting of the Otsego City Council on the 9th day of May, 2005. IN FAVOR: Mayor Larry Fournier: Councilmembers: Vern Heidner, Dan Scharber, Jessica Stockamp and Mark Thorsted OPPOSED: None 2 �Ifi' 1