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RES 12-72RESOLUTION NO,,: 2012,a 72 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION of EXISTING DRAINAGE AGE Alli UTILITY EASEMENTS FLATTED WITHIN KITT EDGE CROSSINGS STH ADDITION. WHEREAS, the City of Otsego approved a final plat of Kittredge Crossings 5th Addition; and, WHEREAS, the Kittredge Crossings 5th Addition final plat included dedication to the City of drainage and utility easements shorn by Exhibit A; and, WHEREAS, Shel and Capital Investments, Inc. has proposed to replat the area shown on Exhibit A with single family lots and submitted a preliminary plat to be known as Kittredge Crossings 11h Addition; and, WHEREAS, the preliminary plat of Kittredge Crossings 11 th Addition would establish those drainage and utility easements required by Section 21-7-15 of the Subdivision Ordinance based on the design of the preliminary plat; and, WHEREAS, EAS, the easements shown on the Kittredge crossings 11 th Add ition preliminary flat would supersede and make unnecessary those drainage and utility easements previously dedicated with the Kittredge Crossings 5th Addition final plat; and, WHEREAS, Shelard Capital Investments, Inc. has applied for vacation of the drainage and utility easements dedicated with the Kittredge Crossings 5 tri Addition final plat; and, WHEREAS, EAS, the Planning Commission held a public hearing at their regular meeting on 6 August 2012 to consider the vacation, preceded by required published and nailed legal notice; and, WHEREAS, EAS, the Planning Commission heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements dedicated with the Kittredge Crossings 5th Addition final plat serge no useful public purpose upon concurrent recording of a final plat for Kittredge Crossings 11 th Addition; and, WHEREAS, the City Council having considered all information received related to the proposed Vacation and easement t dedication finds that Vacating a portion of the existing right-of-way as shownon Exhibit A would be in the public interest; and, NOW, THEREFORE E IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A is hereby Vacated. 2. The Vacation of said drainage and utility easement shall be effective upon the recording of a final plat for Kittredge Crossings 1 th Addition, 3. The City Council hereby determines that the Vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners ers and therefore no damages are awarded to any such property owners. MOTION Y: DARKENWALD SECOND Y: SCHARBER ALL IN FAVOR: DARKENWALD, SCHARBER, SCHROEDER THOSE OPPOSED: S"OCKAMP, HETDNER ADOPTED by the City Council oft the City of Otsego this 22nd day of October, 2012. ATTEST SG�kl- 9 Tri Loff, City Ciera t6 CITY of OTSEGO DESCRIPTIONS FOR DRAINAGE AND UTILITY EASEMENTS To BE VACATED KITTR DGE CROSSINGS STH ADDITION CITY OF OTSEGO, WEIGHT COUNTY, MINNES . I The drainage and utility easement for Lot 2 and Lot 3, Block 1, dedicated by KITTR.EDGE CROSSINGS 5TH ADDITION, according to the recorded plat thereof, Wright County, Minnesota. Also, the drainage and utility easement for Lot 2, Block 4, dedicated by said KITTREDG CROSSINGS 5TH ADDITION, Also, the drainage and futility easement for Lot 1, Lot 2 and Lot 3, Block 5 dedicated by said KJTTREDrE CROSSINGS STH ADDITON. Also, the drainage and utility easement for all of Outlot A, dedicated by said KITTRED 'r CROSSINGS 5TH ADDITION, Also, the drainage and utility easement dedicated by said KITTREDxE CROSSINGS 5TH .ADDITION, lying within that part of outlot B, described as follows: Beginning at the northwest comer of said outlot ; thence South oo degrees 5 minutes oo seconds East, assumed bearing, along the west line of said Oudot B 150.00 feet; thence Nofth 90 degree 00'minutes oo seconds East 120.02 Feet; thence South' 5 degrees 12 minutes 08 seconds East 28.00 feet; thence South o degrees 05 minutes 46 seconds East 35.00 feet; thence South 22 degrees 53 minutes 5 seconds East 31.75 feet to the intersection with the southwesterly prolongation of the southeasterly line of Lot 3, Block 5 of said KITTREDGE CROSSINGS 5TH ADDITION; thence North 1 degrees 45 minutes 27 seconds East along said southwesterly prolongation, along said southeasterly line of Lot 3, Block 5 and along the northeasterly prolongation of said southeasterly line of Lot 3, Block 5 a distance of 150,00 feet to the northerly line of said Oudot thence noilhwesterly and westerly, along said northerly line of Outlot B to the point of beginning,