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HomeMy WebLinkAboutResolution No. 599-03 IIIII I IIII I IIIII I I III III III II OFFICE OF COUNTY RECORDER Olmsted County,Minnesota I hereby certify that this document was filed in this office on 1/07/2004 at 3:30:00 PM and was duly recorded as document number A-1007387 DANIEL J.HALL—County Recorder,by Deputy. _p Well Certificate:_Received _Not Required Abstr.— yes_ no_ Fees: Total $20.00 Received from/return to: CITY CLERK RESOLUTION WHEREAS, Richard Martin and Lynette Oehlke-Martin initiated a proceeding to vacate the east seven feet of a 15-fit utility easement reserved over, above and below the vacated alley right-of-way adjacent to Lot 23, Block 1, Flather's Addition. The property is located west of 14`h Avenue S.W., and north of Sixth Street S.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 Wen 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 November 17, 2003; and WHEREAS, on November 17, 2003, the Council convened to investigate and consider the matter of the vacation of a portion 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 utility easement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the following portion of an easement is hereby vacated and abandoned: The East 7 feet of the 15-foot wide public utility easement reserved by resolution recorded in Book K-5, Page 442, over, above and below the vacated alley formally i 0 adjacent to Lot 23, Block 1 Flather's Addition, Rochester, Minnesota. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 2003. PRESIDENT OF SAID COMMON COUNCIL ATTEST: � ! CITY CLERK APPROVED THIS 1 DAY OFF �� , 2003. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone2000\Vaca te.eas'ement.0308 2