HomeMy WebLinkAboutResolution No. 076-14 •
RESOLUTION NO. 0161 lal
WHEREAS, Mayo Clinic initiated a proceeding to vacate a portion of the utility easement
recorded as document number 571243 and located on the property at 2915 Valleyhigh Road
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 March 3, 2014; and
WHEREAS, the City Clerk filed the petition in his 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 March 3, 2014; and
WHEREAS, the Common Council convened on March 3, 2014, investigated and
considered 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:
That part of that certain utility easement recorded October 2, 1989 as Document
Number 571243 in the office of the County Recorder, Olmsted County, Minnesota,
lying within the Northwest Quarter of the Southwest Quarter of Section 21,
Township 107 North, Range 14 West, Rochester, Minnesota, and lying within a
distance of 10.00 feet on each side of the following described centerline:
Commencing at the northwest corner of the Southwest Quarter of said Section 21;
thence South 00 degrees 45 minutes 29 seconds East, assumed bearing, along
the west line of said Southwest Quarter, 90.00 feet; thence South 84 degrees 37
minutes 58 seconds East, 206.18 feet; thence South 34 degrees 54 minutes 39
seconds East, 184.41 feet for the point of beginning of the centerline to be
described; thence continue South 34 degrees 54 minutes 39 seconds East, 5.00
feet; thence South 18 degrees 32 minutes 02 seconds East, 74.33 feet (said
easement changes width at this point to 12.50 feet on each side of the following
described centerline); thence South 38 degrees 11 minutes 16 seconds East,
• 34.58 feet and there terminating.
BE IT FURTHER RESOLVED that the City's approval of this vacation is subject to the
following conditions:
1. The applicant shall provide the City with the necessary documents to
prepare the new utility easement. The new easement shall be recorded
within 90 days from the date of the 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.
a
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF / a�t ("r 2014,
72
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: CITY CLERK
CLERK
APPROVED THIS DAY OF G�� 2014.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
• Zone 10\Vacate\Easement.1411
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