HomeMy WebLinkAboutResolution No. 531-04 RESOLUTION
WHEREAS, Badger Development II, LLC, initiated a proceeding to vacate the west.18
feet of a utility easement recorded as Document No. A-1018514 and the west 36.5 feet of a
utility easement recorded as Document No. A-938266 that lies in the Lot 1, Block 1, Badger
Ridge Fourth Subdivision. The property is located south of Valleyhigh Road N.W., east of
Kenosha Drive N.W., and north of Portage Street N.W.; and,
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
Owspaper_once, but not less than ten days prior to the hearing, gave notice that the petition had
-en 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
October 18', 2004; and
WHEREAS, on October 18, 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 west 18 feet of the utility easement recorded as Document A-1018514 and the
west 36.5 feet of the utility easement recorded as Document A-938266, located
within Lot 1, Block 1, Badger Ridge Fourth Subdivision.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS I th DAY OF C)CrO"BeAZ-- , 2004.
ATTEST:
J SIDENT OF AID COMMON COUNCIL
ITY CLERK
APPROVED THIS 19n4 DAY OF 0CTZD3S9-- , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Lone2000\Vacate.eas a me nt.0418
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