HomeMy WebLinkAboutResolution No. 273-08 7 _ t 1 1 f i * Y• 2
'' ..SJ.y...,....�.wL...v`..x.cs...._. +.. ,..-,.... ,-M—,»...,. e.,.. .., ,—m...,-»,. ,,,. ,..... ....—,--r,..- ..„— o-,..-.. m .,.... . ....,._..«,.... _.....y.. ...s..«.�.:. �...
RESOLUTION NO.
WHEREAS, GP Development initiated a prolceeding to vacate the 30-foot wide drainage
easement over and across Lot 1, Block 3, Greystone Subdivision. The property is located east
• of 18th Avenue S.W., and Wicklow Lane S.W., and north of Greystone Lane S.W.; 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 May 19, 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 May 19, 2008; and
WHEREAS, the Common Council convened on May 19, 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'I by the Common Council of the City of
•Rochester that the following described utility easement is hereby vacated and abandoned:
A 30.00 foot drainage easement over and across Lot 1, Block 3, Greystone
Subdivision, Rochester, Minnesota.
• BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. The applicant must dedicate and record a new drainage easement as
recommended by City Public Works in the memorandum dated May 13,
2008. The new easement shall be recorded within 60 days from the date of
City Council approval. Failure to record the easement within 60 days will
void this resolution for approval.
2. This vacation resolution cannot be recorded until such time as the applicant
dedicates and records the new required easement as recommended by City
Public Works.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS l 94,h D F fna , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: [Jalm;,��anaaUh
pwuTy CITY CL
APPROVED THIS G 04,hDAY OF , 2008.
7-
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo ne05\Vacate\Easement.0810
•
2