HomeMy WebLinkAboutResolution No. 448-06•
RESOLUTION NO. 4q 8-C)`4
WHEREAS, Steve & Danice Mulholland, Terry and Mary Ann Djonne, Bruce & Gretta
Buller and John & Bonnie Poterucha initiated a proceeding to vacate the 12-foot wide walkway
easement located between Lots 10 & 11, Block 2, Wilshire Estates Addition and Lots 13 & 14,
Wilshire Estates Third Subdivision located east of 13th Avenue N.E., south of City View Court
N.E., and north of Wilshire Drive N.E.; and,
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
laspaper 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 21, 2006; and,
WHEREAS, on August 21, 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 and Public
Works 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 walkway easement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the walkway easement over the hereinafter described property is hereby vacated
and abandoned:
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Lot 10' Block 2, Mshire Estates Addition to' the City -of Rochester; Olmsted
County, Minnesota, and a : part. of Lot 13, Block 2, Wilshire Estates Third
Subdivision, described as follows:
Beginning at a point on the South line of said Lot 13 which is the Southwest corner
of the walkway easement as shown on the plat of Wilshire Estates Third
Subdivision; thence Westerly:along the Southerly line of said Lot 13, a'distance of
74.74 feet to the Northwest corner of Lot 10, Block 2, Wilshire Estates; thence
Northerly along a prolongation of the Westerly line of said Lot 10 a distance of
12.85 feet; thence Easterly a distance of 70.90 feet to the point of beginning.
BE IT FURTHER RESOLVED that the utility easement located over the above-described
property is not affected by this resolution and remains in place.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
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APPROVED THIS DAY OF , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo ne05\Vacate\Ea s e me nt.0611
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