HomeMy WebLinkAboutResolution No. 093-14 RESOLUTION NO.
WHEREAS, Arcon Development, Inc., initiated a proceeding to vacate all of the drainage
and utility easements across Lot 25, Block 1, and Lot 27, Block 2 on Hart Farm South Fourth
and a part of the drainage and utility easement within Lot 5, Block 11 and all across Outlot D on
Hart Farm South. The applicant will be dedicating new drainage and utility easements when the
property is replatted. The property is located along the north side of 40th Street S.W., along the
west side of 18th Avenue S.W., and along the north and south sides of Starburst Drive S.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 17, 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 17, 2014; and
WHEREAS, the Common Council convened on March 17, 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:
All of the public drainage and utility easement across Lot 25, Block 1 and Lot 27,
Block 2, as dedicated on the recorded plat of HART FRAM SOUTH FOURTH,
Rochester, Minnesota.
ALSO
That part of the public utility and drainage easement within Lot 5, Block 11 as
dedicated on the recorded plat of HART FARM SOUTH, lying easterly of HART
FARM SOUTH FOURTH, Rochester, Minnesota (this does not include the
dedicated 10-foot utility easements along the north and south lines of said Lot 5).
ALSO
All of the public drainage and utility easement across Outlot 'D', as dedicated on
the recorded plat of HART FARM SOUTH, Rochester, Minnesota (this does not
include the dedicated 10-foot utility easements along the north, east, and south
lines of said Outlot 'D').
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY QF2 2014.
z W---'
PRESIDE T OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS C DAY OF ! Y' � , 2014.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\Easement.1402
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