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06-75CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-75 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 AND MODIFYING RESOLUTION NO. 2006-52 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. 1 Section 15, Township 121, Range 23 Road Right -of -Way Vacation Description That part of Service Road adjacent to Lots 4 and 5, Block 1 as dedicated on the plat of Mississippi Shore 6h Addition, Wright County, Minnesota lying easterly and northerly of the southerly extension of the west line of Lot 5, Block 1, said Mississippi Shores 6"' Addition and also lying northerly and westerly of the southerly and easterly 10.00 feet thereof. Reserving unto the City of Otsego on 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 6`� Addition, Wright County, Minnesota lying easterly and northerly of said southerly extension of the west line of Lot 5, Block 1, said Mississippi Shores 6t' Addition also lying northerly and westerly of said southerly and easterly 10.00 feet thereof. 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 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, at said public hearings two affected- property owners, David A. Gilgenbach and Karen A. Gilgenbach, who have not yet signed the Declaration of Covenants, Conditions, Restrictions and Grant of Easements indicated opposition to the vacation, but did indicate that they had reached agreement on revisions to said covenants but have not yet executed the document; 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: 1. 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 2 parcels as also set forth on Exhibit A. C. That the property owners either 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 or that all affected property owners execute the final Declaration of Covenants, Conditions, Restrictions and Grant of Easements. 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. Motion for adoption of resolution by CM HEIDNER seconded by CM SCHARBER at the meeting of the Otsego City Council on the 25th day of September, 2006. IN FAVOR: Mayor Fournier, CM Heidner, CM Scharber, CM Stockamp, CM Thorsted OPPOSED: None oY\ J Hu s , City Clerk 3 CITY OF O �!FL9,ft7fier, Mayor