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07-20CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-20 RESOLUTION APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT B IN RIVERPOINTE 2°d ADDITION WHEREAS, the City of Otsego has received a request to vacate drainage and utility easements in the above-mentioned plat from Christine Cook of Lennar Corporation, Inc.; and WHEREAS, the purpose of the vacation is to remove easements from Outlot B in the plat recorded as RIVERPOINTE 2°d ADDITION in order to allow for residential subdivision; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, the established drainage and utility easements to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating the above described drainage and utility easements would be in the public interest; and WHEREAS, the City Engineer has determined that specific drainage and utility easements need to be retained over wetland areas as described in Exhibit A; and WHEREAS, the City of Otsego considered testimony related to the proposed vacation of the drainage and utility easements 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 March 2007, 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 266' day of March, 2007, at the Otsego City Hall and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that said drainage and utility easements serve no useful purpose; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the drainage and utility easements described in Exhibit A in the plat recorded as RIVERPOINTE 2 d ADDITION, City of Otsego, Wright County, Minnesota, are hereby vacated subject to those limited areas being retained under easement, with all related costs being the responsibility of the applicant. 2. The City Council hereby determines that vacation of said drainage and utility easements 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 Thorsted at the meeting of the Otsego City Council on the 26 day of March, 2007. IN FAVOR: Mayor Fournier; Councilmembers : Heidner, Stockamp, Thorsted and Darkenwald OPPOSED: NONE 2 CITY OF OTSEGO �.�er, or "M rwo "M - W4, I wmaTtA �� LEGAL DESCRIPTON Section 1, Range 23, Township 120, PID No. 118-174-000020 Outlot B, Riverpointe 2nd Addition, Wright County, Minnesota, according to the recorded plat thereof. Contains 20.12 acres.