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ITEM 3.12 Crimson Ponds West 4th2y OtSeTY gog MINNESOTA DEPARTMENT INFORMATION Request for City Council Action QRI�INATING,DEPARTMENT v .">; "REQIJESTORel, 7, MEETIIVG"DATE:- Planning City Planner Licht 14 August 2017 RRESENTER"{s)"" .. ,, REUIE4vEDBY, ITEM#, Consent Agenda City Administrator Flaherty 3.12 — Crimson Ponds West 4th AGENDA ITEM DETAILS City staff recommends adoption of a resolution vacating existing drainage and utility easement within the final plat of Crimson Ponds West 4th Addition. No Held by Planning Commission 5 June 2017 The City Council approved a final plat of Outlot A, Crimson Ponds West 3`d Addition as Crimson Ponds West 4th Addition on 12 June 2017. Outlot A, Crimson Ponds West 3`d Addition was overlaid by drainage and utility easement. The public hearing held by the Planning Commission to consider Crimson Ponds 4th Addition included vacation of the existing drainage and utility easement. The vacation of the drainage and utility easement is effected by the City Council adopting a resolution. • Resolution 2017-71 POSSIBLE MOTION PLEASE,INORD.MOTION q5 YOU WOULD" LIKE IT TO;A!?PEAR IN THE MINUTES:" Motion to adopt Resolution 2017-71 vacating existing drainage and utility easements dedicated with Crimson Ponds West 3`d Addition. BUDGET INFORMATION FUNCilNO; BUDGETED: NA RESOLUTION NO.: 2017 - 71 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS DEDICATED WITH CRIMSON PONDS WEST 3RD ADDITION WHEREAS, the City of Otsego approved a final plat of Crimson Ponds West 3rd Addition for land legally described as Outlot A, Crimson Ponds West 3rd Addition, City of Otsego, Wright County, State of Minnesota; and, WHEREAS, the , Crimson Ponds West 3rd Addition Final Plat included dedication to the City of drainage and utility easements over all of Outlot A; and, WHEREAS, the City has approved a final plat of Outlot A, , Crimson Ponds West 3rd Addition, as Crimson Ponds West 4th Addition; and, WHEREAS, the final plat of Crimson Ponds West 4th 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 Crimson Ponds West 4th Addition would supersede and make unnecessary those drainage and utility easements previously dedicated within Outlot A, Crimson Ponds West 3rd Addition; and, WHEREAS, Benzinger Properties has applied for vacation of the drainage and utility easements dedicated with the previously approved final plat; and, WHEREAS, The Otsego Planning Commission held a public hearing at their regular meeting on 5 June 2017 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings; and, WHEREAS, the drainage and utility easements previously dedicated within Outlot A, Crimson Ponds 3rd Addition serve no useful public purpose upon concurrent recording of a final plat for Crimson Ponds 4th 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 dedicated within Outlot A, Crimson Ponds West 3rd Addition 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 within Outlot A, Crimson Ponds West 3rd Addition is hereby vacated. 2. 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: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 14th day of August, 2017. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk