HomeMy WebLinkAboutResolution No. 527-06 r
RESOLUTION NO.
WHEREAS, Bradley & Rayelle Goeden initiated a proceeding to vacate a platted ten-foot
wide utility easement located along the southeasterly line (side lot line) of Lot 46, Block 1,
Northern Heights East Sixth Subdivision; 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
October 2, 2006; and,
WHEREAS, on October 2, 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 October 2"d, the Council continued the matter until October 16, 2006;
and,
WHEREAS, on October 16, 2006, the Council convened to again 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 utility easement.
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•
e,
• 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 westerly three feet of a platted ten-foot wide utility easement along the
southeasterly line of Lot 46, Block 1, Northern Heights East Sixth Subdivision.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the condition that
the applicant be responsible for all costs associated with or damages caused by relocation of
any existing utilities.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS //off DAY OF 6eTL3Yz-- , 2006.
SIDENT OFISAIDICOMMON COURCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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