HomeMy WebLinkAboutResolution No. 212-18 - AldrichNurserySchool.UtilityEasement
RESOLUTION NO. ________________
WHEREAS, Aldrich Nursery School initiated a proceeding to vacate a 20-foot utility
easement located on Essex Parkway approximately 500 feet west of West River Road.; 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 June 4, 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 June 4, 2018; and
WHEREAS, the Common Council convened on June 4, 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 the dedicated 20.00 foot utility easement within Lot 6, Block 4,
ESSEX ESTATES THIRD, according to the recorded plat thereof, Olmsted
County, Minnesota. The centerline of said easement is described as follows:
Commencing at the southeast corner of said Lot 6; thence North 00 degrees 01
minute 38 seconds East, assumed bearing, along the east line of said Lot 6, a
distance of 151.16 feet to the centerline of said easement; thence North 89
degrees 58 minutes 22 seconds West, 275.00 feet; thence North 00 degrees 01
minute 38 seconds East, 36.00 feet for the point of beginning of the easement to
be vacated; thence continue North 00 degrees 01 minute 38 seconds East,
20.00 feet 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)
Zone15\\Vacate\\Easement.1803
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