HomeMy WebLinkAboutResolution No. 163-08 I
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RESOLUTION NO.
WHEREAS, R & M Development initiated a proceeding to vacate the westerly 11 feet of
the 40-foot drainage easement along the west line of Lot 16, Block 3, Scenic Oaks Fifth Addition.
The property is located south of Scenic View Drive S.W., along the westerly line of the Scenic
. Oaks Fifth Addition development; 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 March 17, 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 March 17, 2008; and
WHEREAS, the Common Council convened on March 17, 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 west 11.00 feet of the 40.00 Drainage Easement west of Lot 16, Block 3,
Scenic Oaks Fifth Addition according to the recorded plat thereof; on file and of
record in the office of the County Recorder, Olmsted County, Minnesota.
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BE IT FURTHER RESOLVED that this vacation resolution is subject to the following
•conditions:
1. Approval of a revised grading plan is required prior to recording the
approval of the requested easement vacation, as outlined in the
memorandum from Rochester Public Works, dated March 6, 2008. Failure
to obtain the approved revised grading plan within 90 days will void this.
resolution for the vacation approval.
2. This resolution must not be recorded until such time as the approved
revised grading plan is completed.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 17774 D OF ^AMP . , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: r ✓ �U
CITY CLERK
. APPROVED THIS lBv i DAY OF , 2008.
MAYOR OF SAID CITY
(Seal'of the City of
Rochester, Minnesota)
Zone05\Vacate\Easement.0805
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