HomeMy WebLinkAboutResolution No. 073-04 ` . 4
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RESOLUTION
WHEREAS, All Pointe Development initiated a proceeding to vacate two 20-foot wide
utility easements on Lot 15, Block 5, South Pointe Ninth. The property is located along the south
of South Pointe Drive S.W., and,
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper once, but not less than ten days prior to the hearing, gave notice that the petition had
been filed, provided a brief statement of the nature of the request, and stated that the petition
Would be heard and considered by the Common Council at a public hearing at 7:00 p.m. on
February 2, 2004; and
WHEREAS, on February 2, 2004, the Council convened to investigate and consider the
matter of the vacation of a portion of the 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 Department staff, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interest of the City of Rochester, its citizens and all other members of the public to vacate
the utility easements.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the following easements are hereby vacated and abandoned:
A 20.00 foot utility easement located in Lot 15, Block 5, SOUTH POINTE NINTH,
Rochester, Minnesota. The centerline of said easement is described as follows:
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• Commencing at the northeast corner of said Block 5; thence North 60 degrees 39
minutes 56 seconds West, assumed bearing, along the northerly line of said Block
5 a distance of 123.00 feet; thence South 29 degrees 20 minutes 04 seconds
West, 10.00 feet for the point of beginning of said centerline; thence continue
South 29 degrees 20 minutes 04 seconds West, 197.00 feet and there
terminating.
ALSO:
A 20.00 foot utility easement located in Lot 5, Block 5, SOUTH POINTE NINTH,
Rochester, Minnesota. The centerline of said easement is described as follows:
Commencing at the northeast corner of said Block 5; thence North 60 degrees 39
minutes 56 seconds West, assumed bearing, along the northerly line of said Block
5, a distance of 333.33 feet; thence South 29 degrees 20 minutes 04 seconds
West, 10.00 feet for the point of beginning of said centerline; thence continue
South 29 degrees 20 minutes 04 seconds West, 3.81 feet; thence South 51
degrees 43 minutes 56 seconds West, 83.82 feet; thence South 83 degrees 16
minutes 04 seconds West, 25.00 feet and there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
• CHESTER MINNESOTA, THIS d DAY OF , 2004.
R•
PRESIDENT OF SAID COMMON COUNCIL
ATTEST
CrFY CLERK
APPROVED THIS DAY OF Elf- , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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