HomeMy WebLinkAboutResolution No. 339-13•
RESOLUTION NO. 3Z 9 43
WHEREAS, Associates in Psychiatry and Psychology, P.A., initiated a proceeding to
vacate a portion of the 20-foot wide, 24-foot wide, and 31-foot wide utility easements platted on
Lots 3 and 4, Block 1 of Badger Village Third. The property is located along the north side of
•Portage Street N.W., and along the west side of Superior Drive N.W., 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 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 7:00 p.m. on July 1, 2013; and
WHEREAS, the City Clerk filed the petition in her 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 1, 2013; and
WHEREAS, the Common Council convened on July 1, 2013, investigated and
Wonsidered 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, the recommendation of the Planning and Zoning Commission, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interests of the City of Rochester, its inhabitants and all other members of the public to
vacate the utility easement in question.
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:
The public utility easements dedicated on Lots 3 and 4, Block 1 Badger Village
Third less the 10 foot wide utility easement running parallel to the southerly lot
line of Lot 3.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2013.
/ 1) / .
PRESIDENT OF SAID COMMON COUNCIL
v
*ATTEST:
DEPUTY CITY CLERK
APPROVED THIS andDAY OF 12013.
i
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\Easement.1306
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