HomeMy WebLinkAboutResolution No. 172-21 - Resolution - Utility Easement Vacation No. CD2021-005VAC - Jacobson
RESOLUTION
Approving Vacation No. CD2021-005VAC, by Nathan and Elinor Jacobson to vacate a
portion of a 10-foot wide utility easement.
WHEREAS, Nathan and Elinor Jacobson initiated a proceeding to vacate a portion of a
portion of a utility easement running north to south on Lot 4, Block 2 of Meadow Hills 3rd
Subdivision.
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter further states that,
vacation shall be made unless the Common Council finds that to do so is in the public
interest”; and
WHEREAS, the City Clerk 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 6:00 p.m. on August 16, 2021; and
WHEREAS, the City Clerk filed the petition in the 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 6:00 p.m. on August 16, 2021; and
WHEREAS, the Common Council convened on August 16, 2021, investigated and
considered the matter of the vacation of a portion of the right-of-way, 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, Council finds it is in the best interest of the public to vacate the right-of-way.
Specifically the Council finds:
1. Since there is no public benefit conferred to the City by maintaining the easement, than it
is in the interest of the public to vacate the utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the city of Rochester,
that the following described utility easement is hereby vacated and abandoned:
The West 5’ of the South 80 feet of the North 90 feet of Lot 4,
Block 2 of Meadow Hills 3rd Subdivision.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)