HomeMy WebLinkAboutResolution No. 377-04 •
RESOLUTION
WHEREAS, GAC Theaters, LLC, initiated a proceeding to vacate a ten-foot electrical
utility easement located along the northwesterly line of Lot 4, Block 1, Chateau Subdivision. The
property is located along the north side of East Circle Drive, east of Highway 63 and south of
Chateau Theaters; 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
Ween 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 July
19, 2004; and
WHEREAS, on July 19, 2004, the Council convened to investigate and consider the
matter of the vacation of a part 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 a
part of 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 ten-foot electrical easement as dedicated along the northwesterly line of Lot 4,
Block 1, Chateau Subdivision.
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BE IT FURTHER RESOLVED that this vacation is subject to the following
•conditions:
1. The electrical feed to the Chateau Theater building must be relocated. All
costs associated with the relocation of any utilities will be the responsibility
of the applicant. 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 441 DAY OF G1JJJj 2004.
tPN�SIDENT OF 8AID COMMON COUNCIL
ATTEST:
Cl LER
• APPROVED THIS aL� DAY OF U10 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone200O ./acate.e a se m ent.0410
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