HomeMy WebLinkAboutResolution No. 533-06 _� -1. l..
RESOLUTION NO.
WHEREAS, Timberland Partners XXXVIII, LLP, and VII, LLP, initiated a proceeding to
vacate a utility easement located within Lot 1, Block 1, Summit Square Manor Subdivision
extending north from 40th Street N.W., and running underneath the 835 40th Street N.W.,
building; 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
Ween 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 16, 2006; and,
WHEREAS, on October 16, 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 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:
1
• Utility easement five feet in width of either side of the following described line:
Commencing at the Southeast corner of Lot 1, Block 1, Summit Square .Manor
thence westerly along the south line of said Lot 1, 163.77 feet for a point of
beginning for line to be described.
Thence North on an assumed azimuth from North 330 degrees 13 minutes 14
seconds azimuth 11.17 feet; thence northerly 301 degrees 25 minutes 37 seconds
azimuth 25.62 feet; thence northerly 349 degrees 31 minutes 07 seconds azimuth
114.00 feet; thence easterly 79 degrees 31 minutes 07 seconds azimuth 20.00
feet to the end of the line being described.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the condition that
the applicant be responsible for all costs associated with relocation,of any existing utilities.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /(o rH DAY OF nMOa _ , 2006.
PR SIDENT OP SAID COMMON COUNCIL
ATTEST
ITY CLERK
APPROVED THIS 176 DAY OF r t -- 12006.
MAYOR OF SAID CITY
(Seal of the City of
',Rochester, Minnesota)
'Zone 0 5\Vacate\E a s e m e n t.0613
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