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HomeMy WebLinkAboutResolution No. 029-03 013 RESOLUTION WHEREAS, Darwin Friedrich initiated a proceeding to vacate the north seven feet of the ten-foot wide utility easement on the south end of Lots 1 and 2, Block 1, Western First Replat. The property is located along the south side of 43rd Street N.W., west of 18th Avenue N.W., and east of 42"d Street N.W.; and, WHEREAS, the City Clerk filed the petition in her office and, by publication in the official newspaper once, but not less than ten days prior to the hearing, gave notice that the petition had Ween filed, provided a brief statement of the nature of the request, and stated that the petition would be heard and considered by the Common Council at a public hearing at 7:00 p.m. on January 6, 2003; and WHEREAS, pursuant to the public notice, the Common Council convened at the time and place specified, investigated and considered the matter of the vacation of the 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 Department staff, and the investigation and consideration of the matter by the Common Council, it appears that it is in the best interest of the City of Rochester, its citizens and all other members of the public to vacate a portion of the easement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the following portion of a utility easement is hereby vacated and abandoned: The north seven (7) feet of the ten (10) foot wide utility easement on the south end of Lots 1 and 2, Block 1, Western First Replat. i • l i r PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS tH DAY OF f,*-t'Js*Zq , 2003. (5ffSIDE T OF SAD COMMON COUNCIL ATTEST: ITY CLERK APPROVED THIS 70� DAY OF ��09- , 2003. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone2000\Vacate.casem ent.0219 2 •