NOTICE OF PUBLIC HEARING

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NOTICE OF PUBLIC HEARING
ON PROPOSED VACATION OF UTILITY EASEMENT
WITHIN THE CITY OF BENSON

NOTICE IS HEREBY GIVEN that a public hearing will be held on March 19,  2018 beginning at 5:30 p.m.o’clock P.M. at the City Council Chambers, City Hall, 1410 Kansas Avenue, Benson, Minnesota.  The purpose of this hearing is to obtain input from the public on the following proposed resolution to vacate that certain utility easement lying within Block Four (4), McKinney’s First Addition to the City of Benson:
 RESOLUTION VACATING UTILITY EASEMENT
 
THE CITY COUNCIL OF THE CITY OF BENSON, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS:
 
WHEREAS, the City Council received a petition of Residential Options, Inc., being the sole owner of real property in Block Four (4), McKinney’s First Addition to the City requesting the vacation, pursuant to Minnesota Statute §412.851 and §462.358 subd. 7, of the following utility easement:
 
Commencing at the Southeast (SE) corner of Lot Seven (7), Block Four (4), McKinney’s First Addition to the City of Benson; thence Southeasterly on the prolongation of the South line of said Lot Seven (7) a distance of seven and one-half (7½) feet; thence Northeasterly on a line parallel to the east line of said Lot Seven (7) a distance of one hundred sixty (160) feet to a point on the Easterly prolongation of the South line of Lot Thirteen (13) of said Block Four (4); thence Northwesterly along said prolongation of the South line of Lot Thirteen (13) a distance of Seven and one-half (7½) feet to the Southeast (SE) corner of said Lot Thirteen (13); thence Southwesterly  a distance of Twenty (20) feet to the Northeast corner of said Lot Seven (7); thence Southwesterly along the east line of said Lot Seven (7) a distance of one hundred forty (140) feet to the point of beginning.
 
and, at its meeting held on February 20, 2018, confirmed the sufficiency of the petition and, by motion duly made, seconded and approved, agreed to begin the process of such vacation and set a public hearing to consider the vacation of such easement; and
 
WHEREAS, a public hearing to consider the vacation of such street was held on the ___th day of ______, 2018 before the City Council in the City Hall located at 1410 Kansas Avenue, Benson, Minnesota at _____  p.m. o’clock p.m. after duly published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk and all interested and affected persons, including any person, corporation or public body owning or controlling easements contained upon the property vacated, were given an opportunity to voice their concerns and be heard; and,
 WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because it will allow for the construction of a facility for the provision of housing with services to the citizens of the city and that alternate routes for the affected utilities currently located within the easement are available and suitable arrangements for the relocation of said utilities have been made with all parties currently making use of the easement; and,
WHEREAS, a majority of the members of the City Council present concur in this resolution;
NOW THEREFORE, BE IT RESOLVED, that the above described utility easement is hereby vacated effective upon the relocation of the utility lines currently located within the easement.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are hereby authorized to sign all documents necessary to effectuate the intent of this resolution.
 
Adopted by the Council this ___ day of _________, 2018.
 
A map of the proposed portion to be vacated is available for viewing in the city office.
 
Terri Collins  
Mayor
/s/ Glen Pederson     
City Clerk
2-28-2c

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