HomeMy WebLinkAboutResolution No. 009-19 - Hirzallah.VacationPetition.UtilityEasement
RESOLUTION
WHEREAS, Muhanad Hirzallah and Hiba Hirzallah initiated a request to vacate a
portion of a 10-foot drainage and utility easement along the west side of Lot 17, Block 1,
Innsbruck Eight 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 January 7, 2019; 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 January 7, 2019; and
WHEREAS, the Common Council convened on January 7, 2019; 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:
Easement vacation for that part of the Drainage and Utility Easement over, under
and across that part of Lot 17, Block 1, INNSBRUCK EIGHT, Rochester, Minnesota
described as
Commencing at the northwest corner of Lot 17, Block 1, said INNSBRUCK EIGHT;
thence South 26 degrees 39 minutes 53 seconds East (NOTE: All bearings are in
relationship with the Olmsted County Coordinate System NAD ’83, Adjusted 1996), along
the westerly line of said Lot 17, a distance of 45.04 feet; thence North 63 degrees 20
minutes 07 seconds East, at a right angle to said westerly line, 7.82 to the POINT OF
BEGINNING of easement vacation; thence North 52 degrees 31 minutes 48 seconds
East, 2.22 feet to the easterly line of said existing drainage and utility easement; thence
South 26 degrees 39 minutes 53 seconds East, along said easterly easement line, 11.88
feet; thence North 37 degrees 25 minutes 07 seconds West, 11.67 feet to the POINT OF
BEGINNING.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _________ DAY OF _______________, 2019.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2019.
________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Vacate\\Easement.1808