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05-60CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-60 RESOLUTION APPROVING VACATION OF PORTION OF RIGHT OF WAY, CITY OF OTSEGO, COUNTY OF WRIGHT LOCATED ADJACENT TO 78" STREET WITHIN THE PLAT ARBOR CREEK 2nd ADDITION WHEREAS, the City of Otsego has received a request to vacate the above-described portion of right of way from OhW, LLC; 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 right of way to be vacated is legally described as follows: That part of 78`" Street North East, as dedicated in the plat of Arbor Creek 2nd Addition, according to the recorded plat thereof, Wright County, Minnesota lying northwesterly of the northeasterly extension of the southeasterly line of Outlot B, said Arbor Creek 2nd Addition. WHEREAS, the City Council has determined that vacating said portion of the above described right of way would be in the public interest; and WHEREAS, the City of Otsego having considered testimony related to the proposed vacation of that portion of the right of way so described; and WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at 6:30 p.m. on the 24d' day of October, 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 24th day of October, 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 right of way 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 right of way located adjacent to 78h Street, contained in ARBOR CREEK 2nd ADDITION in the City of Otsego, Wright County, Minnesota, described in Exhibit A is hereby vacated with all related costs being the responsibility of OhW, LLC. 2. The City Council hereby determines that vacations of said portion of the said right of way 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 Heidner, seconded by Stockamp, at the meeting of the Otsego City Council on the 24th day of October, 2005. OPPOSED: None. ILV741 � rn., "Ilk", mm, WkLamm"Im�& �.iCity Clerk 2 CITY OF OTSEGO 0 R.",� MARff:er, Mayor