HomeMy WebLinkAboutResolution No. 317-06 777
RESOLUTION NO. a - ^
WHEREAS, Maine Street Investors of Rochester, LLC, the Gardens Manufacturing Home
Community, LLC, and Maine Street Development Company of Rochester, LLC, initiated a
proceeding to vacate the public utility and drainage easements dedicated as Lot 1, Block 1,
Outlots A, D and F within The Gardens Subdivision and Lots 1 & 3, Block 1, and Lots 1-6, Block
2,located within South Broadway Business Center First Addition. The property is located south
of 40th Street, east of Highway 63 and east and west of St. Bridget Road 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
June 5, 2006; and,
WHEREAS, on June 5, 2006, the Council convened to investigate and consider the
matter of the vacation of the easements 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 easements.
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:
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•
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All those easements, including utility easements, drainage easements and street
easements, given by R. L. Hexum & Associates contained in a document dated
September 24th, 1998, and recorded March 12, 2001, as Document No. A-865948,
and encumbering the following described property, situated in Olmsted County,
Minnesota.
Lot 1, Block 1, THE GARDENS, according to the plat thereof, on file at the County
Recorder's office, Olmsted County, Minnesota.
AND
Outlots A, D and F, of said THE GARDENS
AND
Lots 1 and 3, Block 1, SOUTH BROADWAY BUSINESS CENTER FIRST
ADDITION, according to the plat thereof, on file at the County Recorder's office,
Olmsted County, Minnesota.
AND
Lots 1, 2, 3, 4, 5 and 6, Block 2, of said SOUTH BROADWAY BUSINESS.
CENTER FIRST ADDITION.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS OF , 2006.
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/ PRESIDENT OF SAID COMMON COUNCIL
ATTEST WAp
ITY CLERK
APPROVED THIS DAY OF 12006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05McatelEasement.0605
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