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RES 17-63^ RESOLUTION NO,: 2017 - 63 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS. WHEREAS, drainage and utility easements were dedicated with the final plats of Otsego Waterfront East and Otsego Waterfront East 3rd Addition; and, WHEREAS, 521 Land Corporation, LLC has received approval to final plat Guardian Angels Riverview Landing; and, WHEREAS, the final plat of Guardian Angels is partially encumbered by the drainage and utility easement described by Exhibit A; and, WHEREAS, 521 Land Corporation, LLC has applied for vacation of the temporary drainage and utility easement dedicated; and, ^ WHEREAS, the Planning Commission held a public hearing at their regular meeting on 20 March 2017 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Planning Commission heard all parties interested therein and closed the public hearing; and, based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request, and, WHEREAS, the drainage and utility easements described by Exhibit A serve no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating a portion of the existing drainage and utility easement as shown on Exhibit A 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: 1, That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A 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: Darkenwald SECOND BY: Warehime ALL IN FAVOR: Heidner, warehime, Darkenwald, Tanner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 24th day of July, 2017. ATTEST: fl T Tami Loff, City Clerk CITY OF OTSEGO BY: Vern Heidner, Acting Mayor 2 EASEMENT VACATION EXHIBIT Outlot A, OTSEGO WATERFRONT EAST THIRD ADDITION DESCRIPITION OF EASEMENT TO BE VACATED N Vacate that part of the drainage and utility easement over, under and across part of Outlot A, OTSEGO WATERFRONT EAST THIRD ADDITION, according to the recorded plat thereof, described as follows: Commencing at the southeasterly corner of said Outlot A; thence South 79 degrees 04 minutes 45 seconds West, assumed bearing, along the southerly line of said Outlot A 312.55 feet the easterly line of a 20.00 foot wide drainage and utility easement; thence North 10 degrees 33 minutes 3B seconds West, along said easterly line, 47.31 feet; thence North 13 degrees 56 minutes .06 seconds West, along sold easterly line, 124.48 feet; thence North I I degrees 57 minutes 32 seconds West, along said easterly line, 290.98 feet to an angle point is sold easterly line and the point of beginning of that part of the easement to be vacated; thence North 78 degrees 02 minutes 26 seconds East 15.00 feet to an angle point in said easement; thence North II degrees 57 minutes 32 seconds West 20.00 feet 0 50 loo 200 to an angle point in said easement; thence South 78 degrees 02 minutes 28 seconds West 15.00 feet to an angle point in said easement; thence South sante In feet II degrees 57 minutes 32 seconds East 20.00 feet to the point of beginning. O TSEGO 9`S WA TE-RFRONT� Sit .57'32`E., S78°02'28`W 16.00 NII°57'32"W 20.00 z-rEasement belna vocoled =:, N78°02'28'E 16.00 �o Outlot A ac � EAST ya THIRD i1W` S.^y :111; ADDITION z 11 1 -0w 10 Nt0°3538Fw m S79o0ri'45` Angle yPoint N s� 079EG0°'WA7EflFftONT •�` �•__ SOUiM�N Dae Vol ➢ �D1�N Fast tuwo MOM T179o04'45`E atsEaa WAlEnrkoNt 20.00 I hereby oertlfy that this survey, Pian or Report was prepared by me or under my direct supervision and that I am a duly licensed land Surveyor under the laws of the State of Mi'enn�osss000tt�a�. � 401516y/ ey Rouse Date-����r?� Lic. No, il��iZ`f