HomeMy WebLinkAboutResolution No. 267-06 77
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RESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate a 20-foot wide public
utility easement along the south side of Overland Drive N.W., east of Bandel Road N.W., and
west of Outlot A Bandel North First; 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 May
15, 2006; and,
WHEREAS, on May 15, 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:
A 20.00 foot easement for public utility and drainage for purposes over, under and
across a part of the Northwest Quarter of the Northeast Quarter of Section 9,
Township 107 North, Range 14 West, Olmsted County, Minnesota. The centerline
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• of said easement is described as follows:
Commencing at the northwest corner of Outlot "A" of BANDEL NORTH FIRST;
thence South 88 degrees 41 minutes 11 seconds West, assumed bearing, parallel
with the north line of the Northeast Quarter of said Section 9, a distance of 86.00
feet for the point of beginning of the centerline'to be described; thence south 09
degrees 50 minutes 29 seconds East, 77.00 feet and there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS f Y, OF l > /Q,1 , 20,06.
PRESIDENT OF SA fD COMMON COUNCIL
ATTEST: dak'U2-an�
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APPROVED THIS /64) DAY OF , , / , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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