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08-74RESOLUTION NO.: 2008-74 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENT WITHIN OUTLOT A HYLO ACRES 3RD ADDTION. WHEREAS, the City of Otsego has received a petition to vacate drainage and utility easement from owners of property within Outlot A Hylo Acres 3rd Addition legally described as follows: The North 10 feet of Outlot A Hylo Acres 3'd Addition, City of Otsego, Wright County, Minnesota. WHEREAS, the purpose vacation is to allow for combination of Outlot A Hylo Acres3rd Addition and Lot 6, Block 2 Hylo Acres under common ownership for the purpose of creating one lot; and, WHEREAS, the preliminary/final plat combining Outlot A Hylo Acres 3rd Addition and Lot 6, Block 2 Hylo Acres will include dedication of drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance; and, WHEREAS, approval of the preliminary/final plat combining Outlot A Hylo Acres 3rd Addition and Lot 6, Block 2 Hylo Acres results in no public purpose for maintaining the drainage and utility easement requested to be vacated; and, WHEREAS, the Planning Report dated 24 November 2008 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein; and, WHEREAS, the Otsego Planning Commission conducted a public hearing, at their regular meeting on 1 December 2008, to consider the proposed vacation, preceded by published and mailed notice; and, WHEREAS, the Otsego Planning Commission upon review of the application and evidence received closed the public hearing and recommended by a 5-0 vote that the City Council approve the requested vacation. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT: 1. The drainage and utility easement described herein in the plat recorded as Hylo Acres 3rd Addition, City of Otsego, Wright County, Minnesota, is hereby vacated. 2. The City Council determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or area property and therefore no damages are awarded. MOTION BY: Heidner SECOND BY: Scharber ALL IN FAVOR: Darkenwald, Heidner, Scharber, Stock amp, Thorsted THOSE OPPOSED: None ADOPTED by the Otsego City Council this 8th day of December 2008. CITY OF OTSEGO 1 �I9no►.I JIN111, " . 71 ATTES MAC J dy Hud Zoning dministrator/City Clerk 2