HomeMy WebLinkAboutResolution No. 426-04 Lv
RESOLUTION
WHEREAS, Eric and Theresa Hanson initiated a proceeding to vacate the westerly three
feet of a utility easement running along the easterly ten feet of Lot 9, Block 2, White Oaks Third
Subdivision. The property has an address of 4833 59th Street N.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
August 30, 2004; and
WHEREAS, on August 30, 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:
Lot 9, Block 2, White Oaks Third Subdivision, in the City of Rochester, Olmsted
County, Minnesota.
Commencing at the southeast corner of said Lot 2; thence northerly on an
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assumed azimuth from north of 01 degrees 00 minutes 01 seconds along.the east
• line of said Lot 9 a distance of 32.50 feet; thence westerly 271 degrees 00 minutes
01 seconds azimuth 6.00 feet to the point of beginning; thence continue westerly
271 degrees 00 minutes 01 seconds azimuth 4.00 feet; thence northerly 01
degrees 00 minutes 01 seconds azimuth 51.00 feet; thence easterly 91 degrees
00' minutes 01 seconds azimuth 0.50 feet; thence southerly 181 degrees 00
minutes 01 seconds azimuth 26.00 feet; thence easterly 91 degrees 00 minutes 01
seconds azimuth 3.50 feet; thence southerly 181 degrees 00 minutes 01 seconds
azimuth 25.00 feet to the point of beginning.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF T , 2004.
(DENT OF SAID COMMON COUNCIL
ATTEST:
C CLERK
APPROVED THIS DAY OF T , 2004.
(�eal
MAYOR OF SAID CITY
of the City;of
I Rochester, Minnesota)
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