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HomeMy WebLinkAboutResolution No. 589-04 RESOLUTION WHEREAS, Kenneth Miller initiated a proceeding to vacate the 20-foot wide utility easement and a drainage easement of varying width across Lot 2, Block 1, Glendale Second. The property is located south of Rocky Creek Drive N.E., and west of 26th Street N.E.; 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 �rvould be heard and considered by the Common Council at a public hearing at 7:00 p.m. on November 15, 2004; and WHEREAS, on November 15, 2004, the Council convened to investigate and consider the matter of the vacation of the easements 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 and drainage easements. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the following utility and drainage easements are hereby vacated and abandoned: The 20 foot wide utility easement and the drainage easement of varying width as dedicated across Lot 2, Block 1, Glendale Second. 1 S BE IT FURTHER RESOLVED that this vacation is subject to the following conditions: 1. The petitioner must dedicate a new utility easement and drainage easement for the utilities needed for the development. 2. The applicant must not record this resolution until such time as the petitioner dedicates a new utility easement and drainage easement for the development that is consistent with the approved drainage report and grading plan. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 1,5th DAY OF 11J0M5W9BV— , 2004. J3E,SIDENT OF SATD COMMON COUNCIL ATTEST: CITY CLERK APPROVED THIS r� DAY OF it100E/Y)5�A , 2004. MAYOR OF SAID CITY f8eal of the City of 11, Rochester, Minnesota) ' Z06e2000\Vacate.easement.0420 � 2 •