HomeMy WebLinkAboutResolution No. 366-14 . 366-14 F2
RESOLUTION NO. 366-14
WHEREAS, RJY Development and Salem Heights Homeowners Association initiated a
proceeding to vacate a 10-foot by 50-foot area of the utility easement on Lot 24, Block 1, Salem
Heights Townhomes CIC 206. The area is adjacent to Lot 12 which is currently undeveloped on
• the south side of Salem Court 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 August 4, 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 August 4, 2014; and
WHEREAS, the Common Council convened on August 4, 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, the Council continued the August 4th public hearing to August 18, 2014; 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 public utility easement over Lot 24, Block 1 SALEM HEIGHTS
TOWN HOMES COMMON INTEREST COMMUNITY NUMBER 206, and
adjoining Lot 12 of said Block 1 described as follows:
Beginning at the southeast corner of said Lot 12, thence westerly on a
Minnesota State Plane Grid Azimuth from north of 291 degrees 40 minutes
15 seconds along the southerly line of said Lot 12, a distance of 50.00 feet to
the southwest corner of said Lot;12 thence southerly 201 degrees 40 minutes
15 seconds azimuth, along the southerly extension of the westerly line of said
Lot 12, a distance of 10.00 feet; thence easterly, 111 degrees 40 minutes 15
• seconds, parallel with said southerly line, a distance of 50.00 feet to the
southerly extension of the easterly line of said Lot 12; thence northerly 21
degrees, 40 minutes 15 seconds azimuth along said southerly extension, a
distance of 10.00 feet to the point of beginning.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 18th DAY OF AUGUST 2014,
PRESIDENT AID COMMON COUNCIL
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ATTEST:
CITY CLERK
APPROVED THIS 19th DAY OF AUGUST . 2014,
MAYOR OF SAID CITY
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Zone 10\Vacate\Easement.1407
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