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06-52CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-52 RESOLUTION APPROVING VACATION OF A PORTION OF THAT SERVICE ROAD DEDICATED ON THE PLAT OF MISSISSIPPI SHORES SIXTH ADDITION AND RESERVING TO THE CITY OF OTSEGO A PERMANENT DRAINAGE AND UTILITY EASEMENT OVER THE PORTION OF ROADWAY VACATED WHEREAS, the City of Otsego has received a request to vacate the described portions of that Service Road dedicated on the Plat of Mississippi Shores Sixth Addition as set forth on Exhibit A from affected property owners, Rudy Thibodeau and Margaret Thibodeau and LandCor, Inc. on behalf of Land Funding I, LLC; and WHEREAS, the Otsego City Council ordered a public hearing on the proposed vacation; and WHEREAS, those portions of the established roadway to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating said portion of the above described roadway would be in the public interest; and WHEREAS, the City of Otsego having considered testimony related to the proposed vacation of the Service Road so described; and 1 WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at 6:30 p.m. on the 24th day of July, 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 July, 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 publicly dedicated Service Road serves no useful purpose; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: That the portion of the Service Road located in the City of Otsego, Wright County, Minnesota, described as follows: See Exhibit A is hereby vacated, subject to the following condition: A. That a permanent drainage and utility easement over, under and across all of the vacated roadway as further set forth on Exhibit A is reserved for use of the City and private utilities. B. That the property owners convey to the City of Otsego additional permanent easements for drainage and utility purposes over, under and cross their respective parcels as also set forth on Exhibit A. C. That the property owners provide the City with written assurance satisfactory to the City that they will continue to allow a free, continuous and unimpeded flow of traffic over the reserved area to businesses to the west of the area located on areas of the Service Road which will remain as a public street. The written assurance being a signed Declaration of Covenants, Conditions, Restrictions and Grant of Easements signed by all Parcel owners as Parcels A, B, C, D & E in said Declaration. 2. The City Council hereby determines that vacation of said portion of the Service Road shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. 2 Motion for adoption of resolution by CM Heidner, seconded by CMScharber at the meeting of the Otsego City Council on the 14th day of August, 2006. IN FAVOR: Mayor Larry Fournier, Councilmembers: Vern Heidner, Dan Scharber, Jessica Stockamp and Mark Thorsted. OPPOSED: NONE 1._�MI ja',r Hu(16sn, City Clerk 3 CITY OF OTSEGO any F er, Mayor Easement Exhibit f,Y ' City of Otsego __.. ...... _.... ... ..... ...... ............................................................... ................ ... ... - ------------------------------------------------------------------=--------------------=----------------=------ a _________________________t_ _ ___________—____________________—______________—_____.— ---Southerly right-of-way line or Service Road as per Mississippi Shores 6th Addition County Road No. 39 Road Right Way Vocation and Drainage and Utility Easement Reservation Road Right—of—Way Vacation Description That part of Service Rood adjacent to Lots 4 and 5. Block 1, as dedicated on the plat of MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying easterly and northerly of the southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION and also lying northerly and westerly of the southerly and easterly 10.00 feet thereof. AND That part of Service Rood adjacent to Lots 6, 7 and 8, Block 1, as dedicated on the plat of MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying westerly of the southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION and also lying northerly of the southerly 6.00 feet thereof. Reserving unto the City of Olspgo an easement for drainage and utility purposes over, under and across that part of said Service Road adjacent to said Lots 4 and 5. Block 1, as dedicated on said MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying easterly and northerly of said southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION also lying northerly and westerly of said southerly and easterly 10.00 feet thereof. AND Reserving unto the City of Otsego an easement for drainage and utility purposes over, under and across that port of said Service Road adjacent to said Lots 6, 7 and S. Block 1, as dedicated on said MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying westerly of said southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION also lying northerly of the southerly 6.00 feet thereof. Rood Right—of—Woy Vacation and Drainage and Utility Easement Reservation contains 63,592 sq. fl. = 1.460 acres. 1 INCH = 80 FEET 11HAnkerson Anderson Assoc.,Inc. ClvlI Engineers and Lend Surveyors 3601 Thurston Ave, Andra, Mlneeate 55303 763-427-5860 FAX 763-427-0520 OT-360EXHIBITS I I / -_ ---------1 , / 1 1 4 \\ ...:�:I t F0 � / f 1 3 / I 1 / ..... I I 1 / 1 I ........... ............ ........... T � 1 / 1 1 L -------------- --p r ________________•'_�I �.� MISSISSIppI Shores Ip 1 to I' "1 r__________-________- �" ; .:: V:�::::j I I > 1el 8th Addition I I Mississippi Shores I I I l e I l Q 7th Addition ' ' �;'°I I 1 I j (Lot 7, Block 1, Mississippi to I (Lot Block 1, Mississippi Shores 6th Addition)I I I 6 _8. —Shores 6th Addition)I 1" I I I I I .....; I i .. / d � alI I ------------------� I o ..:.. Lr ........L..._.... ..... .... .... ..... _.. ...... .:-:.. ..... ............ ......... .. . Service Road .. .. ... ..... :.. ..:................. .... ............... ... .. ...... - : .................... . i __.. ...... _.... ... ..... ...... ............................................................... ................ ... ... - ------------------------------------------------------------------=--------------------=----------------=------ a _________________________t_ _ ___________—____________________—______________—_____.— ---Southerly right-of-way line or Service Road as per Mississippi Shores 6th Addition County Road No. 39 Road Right Way Vocation and Drainage and Utility Easement Reservation Road Right—of—Way Vacation Description That part of Service Rood adjacent to Lots 4 and 5. Block 1, as dedicated on the plat of MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying easterly and northerly of the southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION and also lying northerly and westerly of the southerly and easterly 10.00 feet thereof. AND That part of Service Rood adjacent to Lots 6, 7 and 8, Block 1, as dedicated on the plat of MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying westerly of the southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION and also lying northerly of the southerly 6.00 feet thereof. Reserving unto the City of Olspgo an easement for drainage and utility purposes over, under and across that part of said Service Road adjacent to said Lots 4 and 5. Block 1, as dedicated on said MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying easterly and northerly of said southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION also lying northerly and westerly of said southerly and easterly 10.00 feet thereof. AND Reserving unto the City of Otsego an easement for drainage and utility purposes over, under and across that port of said Service Road adjacent to said Lots 6, 7 and S. Block 1, as dedicated on said MISSISSIPPI SHORES 6TH ADDITION, Wright County, Minnesota lying westerly of said southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6TH ADDITION also lying northerly of the southerly 6.00 feet thereof. Rood Right—of—Woy Vacation and Drainage and Utility Easement Reservation contains 63,592 sq. fl. = 1.460 acres. 1 INCH = 80 FEET 11HAnkerson Anderson Assoc.,Inc. ClvlI Engineers and Lend Surveyors 3601 Thurston Ave, Andra, Mlneeate 55303 763-427-5860 FAX 763-427-0520 OT-360EXHIBITS