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06-93CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-93, RESOLUTION APPROVING VACATION OF ROAD RIGHT OF WAY IN MISSISSIPPI SHORES 6" ADDITION IN THE CITY OF OTSEGO WHEREAS, the City of Otsego has received a request to vacate road right of way from petitioners who own property located in or adjacent to MISSISSIPPI SHORES 6t' ADDITION; and WHEREAS, the purpose of the vacation is to remove road right-of-way from the above-mentioned plat based upon prior agreements between the City and the individual property owners and in order to reserve unto the City of Otsego an easement for drainage and utility purposes over the same property; and WHEREAS, the Otsego City Council ordered a public hearing on the proposed vacation; and WHEREAS, the established road right of way to be vacated is described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating the above described road right of way would be in the public interest; and WHEREAS, the City of Otsego considered testimony related to the proposed vacation of the road right of way 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 11th day of December, 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 11th day of December, 2006, at the 1 Otsego City Hall and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that said road right of way serves no useful purpose; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the road right of way described in Exhibit A in the plat recorded as MISSISSIPPI SHORES 6th ADDITION, City of Otsego, Wright County, Minnesota, is hereby vacated subject to the reservation of a drainage and utility easement over the same portion. 2. The City Council hereby determines that vacation of said road right of way 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 Dan Scharber seconded by CM Jessica Stockamp at the meeting of the Otsego City Council on the 11th day of December, 2006. IN FAVOR: Mayor Fournier; CM Heidner, CM Scharber, CM Stockamp and CM Thorsted OPPOSED: NONE 2 CITY OF OTSEGO LarryXdurrrier, or EXHIBIT A That part of Service Road adjacent to Lots 6, 7 and 8, block 1, as dedicated on the plat of MISSISSIPPI SHORES 6`h ADDITION, Wright County, Minnesota lying westerly of the southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES 6t' ADDITION and also lying northerly of the southerly 6.00 feet thereof. Reserving unto the City of Otsego an easement for drainage and utility purposes over, under and across that part of said Service Road adjacent to said lots 6, 7 and 8, Block 1, as dedicated on said MISSISSIPPI SHORES 6" ADDITION, Wright County, Minnesota lying westerly of said southerly extension of the west line of Lot 5, Block 1, said MISSISSIPPI SHORES e ADDITION also lying northerly of the southerly 6.00 feet thereof. 3