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06-04CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-04 RESOLUTION APPROVING VACATION OF PORTION OF A DRAINAGE AND UTILITY EASEMENT, CITY OF OTSEGO, COUNTY OF WRIGHT LOCATED ON LOT 1 BLOCK 1 IN THE PLAT KNOWN. AS OTSEGO I-94 WEST INDUSTRIAL PARK THIRD ADDITION WHEREAS, the City of Otsego has received a request to vacate a portion of a drainage and utility easement in the above-mentioned plat from Steve Scharber (RHEA Company); 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: See Exhibit A. 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 1 WHEREAS, the City of Otsego 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 vacation at 6:30 p.m. on the 23rd day of January, 2006, 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 23rd day of January, 2006, 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 Lot 1 Block 1, OTSEGO I-94 WEST INDUSTRIAL PARK THIRD ADDITION in the City of Otsego, Wright County, Minnesota, described in Exhibit A is hereby vacated with all related costs being the responsibility of the applicant. 2. The City Council hereby determines that vacation of said portion of the said drainage and utility easement shall cause no damage to any abutting or nearby property- owners ropertyowners and therefore no damages are awarded to any such property owners. Motion for adoption January, 2006. IN FAVOR: OPPOSED: of resolution by , seconded by _ at the meeting of the Otsego City Council on the 23rd day of 2 CITY OF OTSEGO c any er, Mayor J y ud on, City Clerk EXHIBIT A That part of the drainage and utility easement on Lot 1, Block 1, Otsego I-94 West Industrial Park Third Addition, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 1; thence South 89 degrees 39 minutes 33 seconds East, a plat bearing, along the South line of said Lot 1, a distance of 106.29 feet; thence North 36 degrees 39 minutes 05 seconds East, a distance of 12.41 feet to the Point of Beginning; thence continue North 36 degrees 39 minutes 05 seconds East, a distance of 141.49 feet; thence North 70 degrees 00 minutes 36 seconds East, a distance of 202.48 feet; thence southerly and southwesterly a distance of 248.82 feet along a non- tangential curve concave to the northwest having a radius of 198.00 feet, a central angle of 72 degrees 00 minutes 07 seconds and a chord that bears South 37 degrees 57 minutes 47 seconds West; thence North 89 degrees 39 minutes 33 seconds West parallel with the South line of said Lot 1 Block 1, a distance of 131.56 feet to the Point of Beginning.