HomeMy WebLinkAboutResolution No. 140-09 RESOLUTION NO.
WHEREAS, Cascade Rochester, LLC, initiated a proceeding to vacate the utility
easement dedicated over all of Lot 75, Cascade Shores. The property is located north of
Country Club Road, east of Grande Ville at Cascade Lake , and west of 23' Avenue S.W.; and,
• WHEREAS, the CityClerk gave notice in the manner prescribed b the Charter of the
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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 April 6, 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 April 6, 2009; and
WHEREAS, the Common Council convened on April 6, 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:
• Vacate all utility easements within all of Lot 75, Block 1, CASCADE SHORES,
according to the plat thereof on file at the County Recorder's Office, Olmsted
County, Minnesota.
• BE IT FURTHER RESOLVED that this resolution is subject to the following conditions:
1. The Final Plat for Cascade Shores Second must be approved by the City
Council.
2. The applicant must dedicate and record the new utility easement described
in the final plat for Cascade Shores Second. The new easement shall be
recorded within 90 days from the date of City Council approval. Failure to
record the new easement within 90 days will void the resolution for the
easement vacation approval.
3. The resolution must not be recorded until such time as the applicant
dedicates and records the new easement described in the final plat for
Cascade Shores Second.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS Co-+ DA OF APRt'L 2009.
PRESIDENT OF SAID COMMON COUNCIL
*ATTEST:
CIW CCERK
APPROVED THIS 7Tki DAY OF ADa , 2009.
i�,
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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