HomeMy WebLinkAboutResolution No. 295-04 •
RESOLUTION
WHEREAS, Mark Leitzen initiated a proceeding to vacate a ten-foot utility easement
located on property lying south of 28th Street S.E., north of Highway 52 and along the east side
of the Menards south property; 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
Mould be heard and considered by the Common Council at a public hearing at 7:00 p.m. on
une 7, 2004; and
WHEREAS, on June 7, 2004, the Council convened to investigate and consider the
matter of the vacation 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 easement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the following easement is hereby vacated and abandoned:
The vacation of a portion of that certain utility easement dated March 30, 2000,
and recorded in Olmsted County, Minnesota as Document No. A838668, said
easement being located in the Northwest Quarter of the Northwest Quarter of
1
•
Section 24, Township 106 North, Range 14 West, Olmsted County, lying 10.00
feet to the left of the following described line:
Commencing at the northwest corner of said Section 24; thence North 88 degrees
56 minutes 16 seconds East, assumed bearing, along the north line of said
Section 24, a distance of 100.01 feet for the point of beginning of the line to be
described; thence South 01 degrees 05 minutes 41 seconds East, parallel with the
west line of said Section 24, a distance of 686.68 feet and said line there
terminating.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The applicant must dedicate a new utility easement for the utility relocation.
2. The applicant must not record this resolution until such time as the
applicant dedicates a new utility easement for the utility relocation.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _� I DAY OF 6� 12004.
• SIDENT OF TAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS �' 'I DAY OF 92004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 2000Na cate.ea se m e nt.0406
2