HomeMy WebLinkAboutResolution No. 224-14 • 224-14 F3
RESOLUTION NO. 224-14
WHEREAS, Reco Real Estate and Premier Bank Rochester initiated a proceeding to
vacate the five-foot wide utility easement along the west side of Lots 1 — 8, Block 2, Thomas
First Addition and the five-foot wide utility easement along the east side of Lots 1 — 3, Thomas
• Second Subdivision. The property is located along the west side of Assisi Drive N.W., along the
south side of Elton Hills Drive N.W., and the north side of the East Frontage Road of Highway
52; 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 June 2, 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 June 2, 2014; and
. WHEREAS, the Common Council convened on June 2, 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 easements 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 5 foot public utility easement, as dedicated in THOMAS FIRST
ADDITION TO THE CITY OF ROCHESTER, according to the plat thereof on file
and of record in the office of the County Recorder in and for Olmsted County,
Minnesota, lying within Lots 1 through 8, Block 2.
ALSO:
That part of the 5 foot public utility easement, as dedicated in THOMAS SECOND
SUBDIVISION, according to the plat thereof on file and of record in the office of
the County Recorder in and for Olmsted County, Minnesota, lying within Lots 1, 2
and 3.
•
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 2nd DAY OF JUNE 2014.
PRESIDENT q ' SAID COMMON COUNCIL
ATTEST: .•co, = ' . '?U
CITY CLERK
APPROVED THIS 3rd DAY OF ]UNE . 2094.
MAYOR OF SAID CITY
Zone10\Vacate\Easement.1404
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