HomeMy WebLinkAboutResolution No. 079-06 i }
RESOLUTION NO. LS`1g`U�
WHEREAS, Channel One Food Bank and Food Shelf initiated a proceeding to vacate a
portion of the 15-foot wide utility easement located on the westerly side; of Lot 4, Block 2,
Woodlake Park to allow for a proposed addition to the building. The property is located along
the north side of 35th Street S.E., and west of Wood Lake Drive S.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
would be heard and considered by the Common Council at a public hearing at 7:00 p.m. on
February 6, 2006; and,
WHEREAS, on February 6, 2006, 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 a
portion 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:
The north 245.55 feet of a 15.00 foot wide utility easement, recorded as Document
No. 753438, lying along the West 15.00 feet of Lot 4, Block 2, WOOD LAKE
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. PARK, according to the plat thereof on file at the County Recorder's Office,
Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that the vacation of this portion of the utility easement is
subject to the following conditions:
1. The petitioner must dedicate an additional five-foot wide utility easement for
the remaining utility easement.
2. The petitioner must not record this resolution until such time, as the
petitioner dedicates an additional ,five-foot wide utility easement for the
remaining utility easement.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _ W rDOF_ `� , 2006.
PRESIDENT OF SAID COMMON COUNC L
ATTEST:
ITY CLERK
APPROVED THIS DAY OF , 2006.
MAYOR OF SAID CITY
(Seal of.the City of
/Rochester, Minnesota)
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