HomeMy WebLinkAboutResolution No. 452-05 �.:...cs �.•: ..ram- .a. _� .d. �-a- a t.), .c. - '�. d� �
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OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota'
I hereby certify that this document was filed in this office
on 11/03/2005 at 4:00:00 PM and was duly
recorded as document number A-1081816
DANIEL J.HALL—County Recorder,by Deputy.
—P
Well Certificate:_Received _Not Required
Abstr.— yes_ no
Fees:
Received from/return to:
CITY CLERK
RESOLUTION
WHEREAS, Coats Development initiated a proceeding to vacate a ten-foot wide portion
of a 30-foot wide utility easement located within'-,�t 2, Block 3 Woodlake Park Second
Subdivision. The property is located south of 35th treet S.E., and west of Wood Lake Drive
S.E.; a�`n` F, —
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
September 7, 2005; and,
WHEREAS, on September 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 September 7th, the Council continued the hearing until September 12,
2005, to allow time for the review and approval of the grading and drainage plan; and,
WHEREAS, on September 12th, 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 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 easement.
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• Common Council of the City of
NOW, THEREFORE, BE IT RESOLVED by the Y
Rochester that the utility easement over the hereinafter described property is hereby vacated
and abandoned:
The northerly 10 feet, less the east 10 feet, of the 30 foot drainage easement
located along the southerly boundary of Lot'2, Block 3 Wood Lake Park Second
Subdivision.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. Approval of the vacation is conditionally approved subject to the petitioner
receiving an approved grading and drainage plan from the city public works
department in which a determination has been made that the proposed
vacated area is not needed.
2. The applicant must not record this resolution until such time as the
applicant has received an approved grading and drainage plan.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY .OF
ROCHESTER, MINNESOTA, THIS I&k A OF M
�-' , 2005.
•
PRESIDENT OF SAID COMMON COUNCIL
ATTEST
ITY CLERK
APPROVED THIS DAY OF 12005.
• �`y j ;� *O MAYOR OF SAID CITY
�J(Seal of-the City-of
= Rochester, Minnesota:) f
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