RES 16-89RESOLUTION NO.: 2016 -89
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS WITHIN KITTREDGE CROSSINGS 3RD ADDITION.
WHEREAS, the City of Otsego approved a final plat for land legally described as
Lot 2, Block 6, Kittredge Crossings 3rd Addition, City of Otsego, Wright County, State of
Minnesota; and,
WHEREAS, the Kittredge Crossings 3rd Addition Final Plat included dedication to
the City of drainage and utility easements as required by Section 21-7-15 of the
Subdivision Ordinance; and,
WHEREAS, Benzinger Homes has constructed a principal building upon the
subject site that encroaches 3.1 feet into a portion of the drainage and utility easements
dedicated over the subject site with the Kittredge Crossings 3rd Addition Final Plat; and,
WHEREAS, Benzinger Homes has applied for vacation of a portion of the
drainage and utility easements dedicated with the previously approved final plat
encroached upon by the principal structure constructed on the subject site as described
by Exhibit A; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 24
October 2016 to consider the vacation, preceded by required published and mailed
legal notice; and,
WHEREAS, the Request for Council Action dated 24 October 2016 prepared by
the City Planner, The Planning Company LLC, is incorporated herein; and, ,
WHEREAS, the City Council heard all parties interested therein and closed the
public hearing; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing right-of-way as described by Exhibit A would be in the public interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
1. 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 is contingent upon the
developer paying an additional Stormwater Fee to Otsego Creek of $3,125 for
additional costs the City may incur to for excavation within the remaining and
utility easement dedicated upon the subject site.
3. The developer shall execute a hold harmless agreement to be recorded with the'
deed to the subject site indemnifying the City for" any damage to the principal i
building that may occur as a result of excavation within the remaining drainage
and utility easement dedicated upon the subject site.
4. 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 and
therefore no damages are awarded to any such property owners.
MOTION BY: Darkenald
SECOND BY: Schroeder
ALL IN FAVOR: Stockamp, Darkenwald, Heidner, Schroeder,Warehime
THOSE OPPOSED:
None
ADOPTED by the City Council of the City of Otsego this 24th day of
October, 2016.
ATTEST: Jyv%t��-
Tami Loff, City Clerk
CITY OF OTSEGO
BY:tQIXYI—
JesMica L. Stockamp, Mayor
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