HomeMy WebLinkAboutResolution No. 297-18 - VacationPetition.R2018-005VAC.ServiceDriveEasement
RESOLUTION NO. ________________
WHEREAS, The Rochester City Council initiated a request to vacate 25.5 feet of the
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service drive easement located along Highway 52 and 18 Avenue NW Frontage 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 Planning Department 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 August 20, 2018; and
WHEREAS, the Planning Department filed the petition in her 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 August 20, 2018; and
WHEREAS, the Common Council convened on August 20, 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:
The western 25.5 feet of an easement labeled “Easement 30’ wide for Service
Drive” along the eastern boundary of the Allendale Subdivision
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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