HomeMy WebLinkAboutResolution No. 427-06 Z7.
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RESOLUTION NO. I'�7-
WHEREAS, Timberland Partners II, LLC, initiated a proceeding to vacate the blanket
easement over all of Lots 1 and 2, Candlewood Subdivision and dedicate a ten-foot wide public
utility easement over a part of Lot 2, Block 1, Candlewood Subdivision and a 20-foot wide public
utility easement over a part of Lot 1 and Lot 2, Block 1, Candlewood Subdivision. The property
is located east of 18th Avenue N.W., and north of 41st Street N.W.; 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
August 7, 2006; and,
WHEREAS, on August 7, 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:
That part of Lots 1 and 2, Block 1, Candlewood Subdivision in the City of
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Rochester, Minnesota described as follows: Commencing at the Southwest corner
of said Lot 2, thence on an assumed bearing of South 89 degrees 33 minutes 20
seconds East along the South line of said Lot 2 a distance of 100.00 feet to the
point of beginning; thence North parallel with the West line of said Lot 2 a distance
of 176.00 feet; thence South 89 degrees 33 minutes 20 seconds East parallel with
the South line of said Lot 2 a distance of 187.50 feet to the intersection of a line
running parallel with and 35.00 feet Westerly of the East line of said Lot 1, thence
North along said line 374.00 feet to the North line of said Lot 1; thence South 89
degrees 33 minutes 20 seconds East along said North line 35.00 feet to the
Northwest corner of said Lot 2; thence South 89 degrees 33 minutes 20 seconds
East along the North line of said Lot 2 a distance of 741.50 feet to the Northeast
corner of said Lot 2; thence South along the East line of said Lot 2 a distance of
550.00 feet to the Southeast corner of said Lot 2; thence North 89 degrees 33
minutes 20 seconds West along the South line of said Lot 2 a distance of 964.00
feet to the point of beginning.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the
following conditions:
1. Any existing Qwest telephone owned facilities that need to be
relocated shall be relocated at the applicant's expense.
• 2. The applicant must dedicate a new utility easement for the
utility easement relocation.
3. The applicant must not record this resolution of approval until
such time as the applicant dedicates new utility easements for
the existing utilities location.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 11M DAY OF A*37- , 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
C TY CLERK
APPROVED THIS U DAY OF / WS5 , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo ne05\Vacate\Eas eme nt.0607
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