HomeMy WebLinkAboutResolution No. 021-14 (2) 4
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RESOLUTION NO. O o
WHEREAS, Ann Groover initiated a proceeding to vacate the 12-foot wide utility
easement dedicated on Lots 45 and 68, Belmont Slope, which lies within a distance of six-feet
on each side of the west line of said Lot 45 as the existing garage and house encroach 'into the
. platted easement. The in-place utility lines are not located within the existing platted easement.
The property is located at 1065 i Plummer Lane S.W.; and,
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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 17.100 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 January 6, 2014; and
WHEREAS, the City Clerk filed the petition in her office and, bYpublication 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 6, 2014; and
WHEREAS, as a result of severe winter weather, the Council's January 6th meeting was
rescheduled to January 8, 2014; and,
WHEREAS, the Common Council convened on January 8, 2014, `investigated and
considered the matter of the vacation of the utility easement and gave all interested par
ties 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:
That part of the 12-foot platted and dedicated public utility easement across Lots
45 and 68, BELMONT SLOPE, Rochester, Minnesota, which lies within a distance
of 6.00 feet on each side of the west line of said Lot 45.
BE IT FURTHER RESOLVED that the City's approval of this vacation is subject to the
following conditions:
1. The applicant must dedicate and record the new utility easement as t
proposed in the easement exhibit. The new easement shall be recorded
• within 90 days from the date of City Council approval of this vacation.
Failure to record the new easement within 90 days will void the resolution
for the easement vacation approval.
2. The vacation resolution must not be recorded until such time as the
applicant dedicates and records the new utility easement as shown in the
easement exhibit.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF 1A 2014.
PRESIDDE/ T F SAID COMMON COUNCIL
ATTEST:
CITY CLE
APPROVED THIS 'DAY OF , 2014.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone Wacate\Easement.1309
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