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RESOLUTION
WHEREAS, Excel Custom Homes initiated a proceeding to vacate the utility easement
located over all of Lot 1, Block 3, "19 Norwest." The property is located along the west side of
26th Avenue N.W. and along the south side of Charles Court 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
March 7, 2005; and
WHEREAS, on March 7, 2005, the Council convened to investigate and consider the
matter of the vacation 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 Z-oning 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 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:
All of Lot 1, Block 3, 19 Norwest.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS �l ,0hY OF n , 2005.
I PRESIDENT OF SAID COMMON COUNCIL
ATTEST: 'I � "
C)e.�AU -q (f1W CLIgkK
APPROVED THIS &M? DAY OFF , 2005.
MAYOR OF SAID CITY
(Seal of the.City of;
Rochester, Minnesota) --,
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