HomeMy WebLinkAboutResolution No. 100-07 •
RESOLUTION NO.
WHEREAS, Jason Tupper and Jennifer Gardner initiated a proceeding to vacate the five-
foot utility easement located along the southerly lot line of Lot 7, Block 18, Elton Hills Third
Subdivision and with an address of 2304 15th Avenue 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
February 21, 2007; and,
WHEREAS, on February 21, 2007, 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:
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Five foot utility easement located along the southerly lot line of Lot 7, Block 18,
Elton Hills Third Subdivision in the City of Rochester, Olmsted County, Minnesota.
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 e� ,5.7_ ��11A--" OF /�AUA , 2007.
ATTEST:
J PRESIDENT OF SAID COMMON COUNCIL
ITY CLERK
APPROVED THIS DAY OF Za&044d , 2007.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
ZoneoWacate\Easement.7-001
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