HomeMy WebLinkAboutResolution No. 079-08 •
RESOLUTION NO. 07q`04R
WHEREAS, New Century, Inc., and Joel Bigelow & Sons initiated a proceeding to vacate
a ten-foot wide utility easement in the middle of Lot 2, Block 1, The 12 Seas Subdivision. The
property is located along the north side of 28th Street S.E., and is the former location of the Days
• Inn; and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the
City of Rochester that this petition would be heard and considered by the Common Council at a
public hearing at 7:00 p.m. on February 4, 2008; and
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper at least ten days prior to the public hearing, gave notice that the petition had been
filed, briefly stating its request, and stated that the petition would be heard and considered by the
Common Council at 7:00 p.m. on February 4, 2008; and
WHEREAS, the Common Council convened on February 4, 2008, investigated and
considered the matter of the vacation of the utility 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 Commission, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interests of the City of Rochester, its inhabitants and all other members of the public to
vacate the utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the following described utility easement is hereby vacated and abandoned:
• The ten foot wide and 152 feet long utility easer.lent running north and south
through the middle of Lot 2, Block 1, The 12 Seas Subdivision, which commences
10 feet south of the northerly boundary of the lot more specifically identified on the
• attached Exhibit A.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS '1 DOY—CQF / r RV LAW n , 2008.
PR SIDENT OF SAID COMMON COUNCIL
ATTEST:�f{
C TY LERK
APPROVED THIS 6U1 DAY OF tf k'C� , 2008.
MAYOR OF SAID CITY
(Seal of the City of
• Rochester, Minnesota)
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