HomeMy WebLinkAboutResolution No. 405-14 r
• 405-14 F4
RESOLUTION NO. 405-14
WHEREAS, Patina Rochester Land, LLC, initiated a proceeding to vacate the 10-foot
utility easement along the south side of Lot 2 and along the north side of Lots 3 & 4, Block 2,
Radichel First Subdivision, except the West 10 feet; 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 September 15, 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 September 15, 2014; and
WHEREAS, the Common Council convened on September 15, 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
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•
WHEREAS, on the basis of the petition filed, the testimony and evidence presented by
interested parties, 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 10-foot utility easement as dedicated on the recorded plat of
Radichel First Subdivision, Rochester, Minnesota, lying with the south five feet of
Lot 2 and the north five feet of Lots 3 and 4, all within Lot 2, except the West ten
feet thereof.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 15th DAY OF SEPTEMBER 2014.
PRESI ENS SAID COMMON COUNCIL
ATTEST.
CITY CLERK
APPROVED THIS 16tn DAY OF SEPTEMBER ____-,2014.
MAYOR OF SAID CITY
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