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RES 17-71RESOLUTION 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: Heidner SECOND BY: Tanner ALL IN FAVOR: Stockamp, Heidner, Tanner, Darkenwald THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 14th day of August, 2017. CITY OF OTSEGO Jessica L. Stockamp, Mavor ATTEST: _€ Tami Loff, City Clerk