06-48CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2006-48
RESOLUTION APPROVING VACATION OF PORTION OF A ROAD
IN THE CITY OF OTSEGO, COUNTY OF WRIGHT- A PORTION OF 65"
STREET AND RESERVING UTILITY EASEMENT
WHEREAS, the City of Otsego has received a request to vacate the above-described
roadway from an affected property owner, Duke Realty; and
WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing
on the proposed vacation; and
WHEREAS, that portion of 65th Street NE proposed to be vacated is described on
attached Exhibit A; and
WHEREAS, the City has received notice from certain utilities requesting that an
easement for existing utilities be maintained; and
WHEREAS, the City also needs to retain a utility easement for purposes of sanitary
sewer, water and storm sewer; and
WHEREAS, the City Council has determined that vacating the City's roadway
interest in the described portion of 65`x' Street and retaining utility easement would
be in the public interest; and
WHEREAS, the City of Otsego having considered the testimony in favor and
opposed to vacating that portion of the road 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 26th day of June, 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 26th day of June, 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
roadway serves no useful purpose; and
WHEREAS, that the rights of utilities currently using the right of way as well as
present and future utility needs of the City need to be preserved.
NOW, THEREFORE, the City Council of the City of Otsego, Wright County,
Minnesota, hereby orders:
1. That the portion of that roadway located in the City of Otsego, Wright County,
Minnesota, described as follows:
See Exhibit A
is hereby vacated, subject to the rights of existing private utilities and the City of
Otsego to maintain current utilities and place additional utilities within the entire area
of the roadway being vacated.
2. The City Council hereby determines that vacation of said road 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 SCHARBER seconded by
CM HEIDNER at the meeting of the Otsego City Council on the 26th day of
June, 2006.
IN FAVOR: Mayor Fournier, CM Heidner, CM Scharber, CM Stockamp, CM Thorsted
OPPOSED: None.
�0,-&M
J dy u o , City Clerk
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CITY OF OTSEGO