HomeMy WebLinkAboutResolution No. 197-08 RESOLUTION NO.
WHEREAS, Michael Balas initiated a proceeding to vacate the ten-foot utility easement
located along the southerly line of Lot 1, Block 1, Northern Heights Subdivision. The property is
located at 2013 Fifth Avenue N.E.; 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 April 7, 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 April 7, 2008; and
WHEREAS, the Common Council convened on April 7, 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 only that portion of the utility easement in question that is the subject of the
encroachment.
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:
That part of the platted 10 foot utility easement over and across Lot 1, Block 1,
Northern Heights, in the City of Rochester, Olmsted County, Minnesota, described
as follows:
The North 4.25 feet of the West 32.00 of the East 71.00 feet of the South 10.00
feet of Lot 1, Block 1, Northern Heights, in the City of Rochester, Olmsted County,
Minnesota.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the following
conditions:
1. The legal description for the vacation shall consist of the encroachment
area only.
2. The owner is responsible for any costs associated with the relocation of any
utilities, if necessary.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 7/-# DA 1 , 2008.
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PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY tLERK
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APPROVED THIS Ot� DAY OF �� , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\Vacate\E asement.0807
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