HomeMy WebLinkAboutResolution No. 156-19 - R2019-006VAC Public ROW Easement
RESOLUTION
WHEREAS, The City of Rochester, Minnesota, initiated a request to vacate 37.5 feet of public
right-of-way (ROW) along the east side of Lot 1, Block 1, Rochester Parking Ramp Six; 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 July 22, 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 July 22, 2019; and
WHEREAS, the Common Council convened on July 22, 2019; investigated and
considered the matter of the vacation of the 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
easement, subject to the following conditions of approval,
1. Prior to recording the Vacation, the Petitioner shall provide a 10' utility easement for
RPU electric manhole and duct bank system located within the proposed Right-of-Way
(ROW) being vacated.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the easement described as follows is hereby vacated and abandoned:
st
The West half of the 1Avenue SE right-of-way adjacent to the property described as Lot
1, Block 1, City of Rochester Parking Ramp Six Subdivision, Olmsted County, Minnesota.
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)