HomeMy WebLinkAboutResolution No. 249-09 . I
RESOLUTION NO.
WHEREAS, David Beecham initiated a proceeding to vacate five feet of the existing 20-
foot access easement located along Lot 1, Block 1, West Eighty Development. The property is
located southeasterly of Commercial Drive S.W., north of 48t Street S.W., and west of Highway
•63; and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the
City of Rochester that this petition would be heard and considered by the Common Council at a
public hearing at 7:00 p.m. on June 15, 2009; and
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper at least ten days prior to the public hearing, gave notice that the petition had been
filed, briefly stating its request, and stated that the petition would be heard and considered by the
Common Council at 7:00 p.m. on June 15, 2009; and
WHEREAS, the Common Council convened on June 15, 2009, investigated and
considered the matter of the vacation of the utility easement and gave all interested parties an
opportunity to be heard and to present evidence; and
WHEREAS, on the basis of the petition filed, the testimony and evidence presented by
interested parties, the recommendation of the Planning and Zoning Commission, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interests of the City of Rochester, its inhabitants and all other members of the public to
vacate the utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the utility easement described as follows is hereby vacated and abandoned:
Vacation of the southwesterly 5.00 feet of that certain 20.00 wide access
easement, recorded as Document No. A-1094828, on file at the County
Recorder's office, Olmsted County, Minnesota, said access easement being
located adjoining to and southwesterly of the northeasterly line of Lot 1, Block 1,
WEST EIGHTY DEVELOPMENT, according to the plat thereof on file at said
County Recorder's Office.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
DePuTYCITY CLERK
APPROVED THIS lb4-hDAY OF 2009.
• MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\Vacate\Easement.0905
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