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RESOLUTION
WHEREAS, Joel Bigelow and Sons, Enterprises, Inc., initiated a proceeding to vacate the
following:
• 1. The public road right-of-way of Castleview Drive N.W., which lies south of the
south line of Kingsbury Drive N.W.;
2. The public utility easement located on the west ten feet of Lot 1, Block 10 and on
the east ten feet of Lots 1 and 2, Block 11, Kingsbury Hills Sixth; and
3. The controlled access dedicated along the south line of Kingsbury Drive being
adjacent to the east 57.05 feet of Lot 1, Block 11; and
WHEREAS, the property is located south of Kingsbury Drive N.W., and east of 60tn
Avenue N.W.; and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the
City of Rochester that this petition would be heard and considered by the Common Council at a
public hearing at 7:00 p.m. on August 1, 2005; and
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper at least ten days prior to the public hearing, gave notice that the petition had been
filed, briefly stating its request, and stated that the petition would be heard and considered by the
Common Council at 7:00 p.m. on August 1, 2005; and
WHEREAS, the Common Council convened on August 1, 2005, investigated and
considered the matter of the vacation of the right-of-way, and gave all interested parties an
eopportunity 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 Commission, and the
• investigation and consideration of the matter by the Common Council, it appears that it is in the
best interests of the City of Rochester, its inhabitants and all other members of the public to
vacate the rights-of-way in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the following described rights-of-way are hereby vacated and abandoned:
All of Castleview Drive N.W., which lies south of the south line of Kingsbury Drive
N.W.
The public utility easement located on the west ten feet of Lot 1, Block 10;
The public utility easement located on the east ten feet of Lots 1 and 2, Block 11;
The controlled access along the south line of Kingsbury Drive N.W., being
adjacent to the east 57.05 feet of Lot 1, Block 11,
All according to the recorded plat of KINGSBURY HILLS SIXTH, Rochester,
Minnesota.
BE IT FURTHER RESOLVED that this vacation of rights-of-way is subject to the condition
that this Resolution may not be recorded until the applicant dedicates a 20-foot minimum utility
easement for the public water main in this area
PASSED AND ADOPTED BY// THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS !S4- D OF 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
Dqu� CITY CLERK
APPROVED THIS and DAY OF 9 , 2005.
MAYOR OF SAID CITY
(Seal of the City of
Rochester,.Minnesota)
Zone051vacate\RO W.0504