HomeMy WebLinkAboutResolution No. 039-18 - UrbanOnFirst,LLC.VacateUtilityEasement.R2018-001VAC
RESOLUTION NO. ________________
WHEREAS, Urban on First, LLC, initiated a proceeding to vacate a five-foot utility
easement located on the east side of First Avenue S.W., between Fourth and Fifth Streets; and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, “\[t\]he
Common Council may, by resolution adopted by five affirmative votes, vacate any public street,
alley, way, grounds or easement, or any part thereof, upon its own motion or by acting upon a
petition filed by the owners of at least fifty percent of the lands which abut the line of the portion of
the public street, alley, way, grounds or easement, or parts thereof, proposed to be vacated;” and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter further states that,
“\[n\]o vacation shall be made unless the Common Council finds that to do so is in the public
interest;” 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 January 17, 2018; and
WHEREAS, the City Clerk filed the petition in his 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 January 17, 2018; and
WHEREAS, the Common Council convened on January 17, 2018; 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, 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 utility easement described as follows is hereby vacated and abandoned:
That part of Lot Two (2), Block (9), Original Plat of Town, now City of
Rochester, Minnesota, described as a strip of land ten feet wide lying five feet
on each side of the following described line; Commencing at the northeast
corner of Lot Five (5) in said Block Nine (9), thence southerly along the
easterly line of said Lot Five (5) and the extension thereof a distance of 256
feet to the point of beginning; thence westerly parallel to the southerly line of
said Lot Two (2) a distance of 130 feet more or less to the west line of said
Lot Two (2) and there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _________ DAY OF _________________, 2018.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:________________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2018.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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