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RES 17-36RESOLUTION NO.: 2017 - 36 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WINDSONG ADDITION. WHEREAS, the City of Otsego approved a final plat of Windsong for land legally described as Lots 12, Block 1, Windsong, City of Otsego, Wright County, State of Minnesota; and, WHEREAS, the Windsong final plat included dedication to the City of drainage and utility easements over all of Lot 12, Block 1; and, WHEREAS, Windsong II, LLC has requested approval to replat Lots 1-12, Block 1, Windsong as Windsong Second Addition; and, WHEREAS, the final plat of Windsong Second Addition would establish those drainage and utility easements required by Section 21-7-15 of the Subdivision Ordinance; and, WHEREAS, the easements shown on the Windsong Second Addition final plat will supersede and make unnecessary those drainage and utility easements previously dedicated over Lot 12, Block 1, Windsong; and, WHEREAS, Windsong II, LLC has applied for vacation of the drainage and utility easements dedicated with the previously approved final plat; and, WHEREAS, the City Council held a public hearing at their regular meeting on 24 April 2017 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements previously dedicated within Lot 12, Block 1, Windsong serve no useful public purpose upon concurrent recording of a final plat for Windsong Second Addition; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating the drainage and utility easement over Lot 12, Block 1 Windsong 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: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota dedicated over Lot 12, Block 1 Windsong is hereby vacated. 2. The vacation of said drainage and utility easement shall be effective upon the recording of a final plat for Windsong Second Addition. 3. 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: Heidner SECOND BY: Warehime ALL IN FAVOR: Stockamp, Heidner, Warehime, Darkenald, Tanner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 24th day of April, 2017. CITY OF OTSEGO BY: Q Ljmmw�—) Je ica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk