HomeMy WebLinkAboutResolution No. 177-19 - Vacating street easement R2019-008VAC
RESOLUTION
WHEREAS, Brooks Edwards and Terri Edwards of Portland Real Estate LLC, initiated a
request to vacate an easement that covers the southeast corner of Lot 5, Block 8 of
William McCullough’s Addition described as follows:
Beginning at the southeast corner of said Lot 5; thence north along the east
line of said lot a distance 24 feet; southwesterly to a point on the south line
of said lot that is 7 feet west of said southeast corner; thence east a distance
of 7 feet to place of beginning, 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, to 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 Community Development 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 19, 2019;
and
WHEREAS, the Community Development 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 August
19, 2019; and
WHEREAS, the Common Council convened on August 19, 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, not subject to any conditions of approval.
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:
The southeast corner of Lot 5, Block 8 of William McCullough’s Addition described
as follows:
Beginning at the southeast corner of said Lot 5; thence north along the east
line of said lot a distance 24 feet; southwesterly to a point on the south line
of said lot that is 7 feet west of said southeast corner; thence east a distance
of 7 feet to place of beginning, 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)