HomeMy WebLinkAboutResolution No. 198-08 ,
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RESOLUTION NO. /7'00 _08
WHEREAS, Terry Spaeth initiated a proceeding to vacate the northerly five feet of the 30-
foot wide sanitary sewer easement located along the southerly line of Lot 5, Block 2, Fratzke's
Homestead Subdivision. The property is located at 937 11t"Avenue N.E.; and,
0 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 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 North Five (5) feet of the South Fifteen (15) feet of Lot 5, Block 2, Fratzke's
Homestead Subdivision, City of Rochester, Olmsted County, Minnesota.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
�ROCHESTER, MINNESOTA, THIS 77H DA F , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST;,�,a/�(Ah�
C LERK
APPROVED THIS DAY OF , 2008.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\Vacate\Easement.0809
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