HomeMy WebLinkAboutResolution No. 212-07 1
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RESOLUTION NO. ` 07
WHEREAS, Mayo Clinic of Rochester initiated a proceeding to vacate the north-south
access easement adjacent to Lots 1 & 2, Block 1, Cummings Addition and Lots 1 & 2, Block 55,
Original Plat of City of Rochester. The property is located north of Second Street N.W., west of
Fourth Avenue N.W., and east of Fifth 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 May
7, 2007; and,
WHEREAS, on May 7, 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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Lots 1 and 2, Block 55, Original Plat of City of Rochester, and Lots 1 and 2, Block
1, Cummings Addition to Rochester, according to the plats thereof on file at the
County Recorder's Office, Olmsted County, Minnesota.
Said tract contains 25,890 square feet more or less.
Together with a proposed 12.00 foot access easement for ingress and egress over
and across that part of Lots 1 and 2 of said Block 55 and Lots 1 and 2 of said
Block 1, the centerline of said easement described as follows: -
Beginning at the southwest corner of Lot 1 of said Block 55; thence northerly along
the westerly line of said Block 55 to the northwest corner of Lot 2 of said Block 55;
and thence terminating.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the following
conditions:
1. All costs associated with relocation of any existing utilities shall be the
responsibility of the applicant.
2. The applicant must dedicate and record a new right-of-way easement over
• the west six feet of Lots 3, 4, 5, 6, Block 55, Original Plat of Rochester and
the east six feet of Lots 3, 4, 5, 6, Block 1, Cummings Addition.
3. The resolution must not be recorded until such time as the applicant
dedicates and records a new right-of-way easement over the west six feet -
of Lots 3, 4, 5, 6, Block 55, Original Plat of Rochester and the east six feet
of Lots 3, 4, 5, 6, Block 1, Cummings Addition.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS -7TH DAY OF MPH , 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 86h DAY OF m44 ) 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)/
Zone0Wacate\Easement.7-004
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