HomeMy WebLinkAboutResolution No. 354-18 - VacateEasementR2018-007VAC.MachineryHill.Nuss
RESOLUTION
WHEREAS, Robert Nuss initiated a request to vacate a 10-foot utility easement
along the south and east sides of Lot 1, Machinery Hill Subdivision 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 October 15, 2018; and
WHEREAS, the Planning Department filed the petition in their 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 October 15, 2018; and
WHEREAS, the Common Council convened on October 15, 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 members of the public
to vacate the utility easement; 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 members of the public
to vacate the utility easement.
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:
10-foot utility easement along the south and east sides of Lot 1, Machinery Hill
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)
Zone15\\Vacate\\Easement.1807