HomeMy WebLinkAboutResolution No. 626-04 •
RESOLUTION
WHEREAS, John Remick/Rochester Athletic initiated a proceeding to vacate a part of the
20-foot wide utility easement across Lot 2, Block 1, Athletic Club Subdivision to facilitate the
expansion of existing facilities; 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
December 6,'2004; and
WHEREAS, on December 6, 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 a
part of the utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the utility easement over the hereinafter described property is hereby vacated
and abandoned:
That part of the 20.00 foot public utility easement as dedicated on Lot 2, Block 1,
ATHLETIC CLUB SUBDIVISION, Rochester, Minnesota, which lies- Within a
distance of 10.00 feet on each side of the following described centerline:
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. Commencing at the northwest corner of said Lot 2; thence South 00 degrees 34
minutes 57 seconds West, assumed bearing, along the west line thereof, 960.55
feet; thence South 90 degrees 00 minutes 00 seconds.East, 60.27 feet to a point
hereinafter referred to as Point "A" for the point of beginning of the centerline to be
described; thence continue South 90 degrees 00 minutes 00 seconds East, 345.00 .
feet and there terminating.
ALSO:
Beginning at the above described Point "A"; North 00 degrees 00 minutes 00
seconds West, 32.00 feet; thence South 90 degrees 00 minutes 00 seconds West,
5.00 feet; thence South 00 degrees 00 minutes 00 seconds East, 42.00 feet;
thence North 90 degrees 00 minutes 00 seconds East, 5.00 feet; thence North 00
degrees 00 minutes 00 seconds West, 10.00 feet to the point of beginning.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The petitioner must dedicate a new utility easement for the utility
relocation.
2. The petitioner must not record this resolution until such time as the
petitioner dedicates a new utility easement for the relocation.
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3. All costs associated with relocation of any existing utilities shall be
the responsibility of the petitioner.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS LC> h DAY OF Lat-Ynb-t — , 2004.
) � PkE,81DENT OF SA COMMON.COUNCIL
ATTEST:
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APPROVED THIS DAY OF 8tayn Ly" ) 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Vacate.easement.0421
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