Loading...
HomeMy WebLinkAboutResolution No. 480-14 • 4€ 0-14 P3 RESOLUTION NO. 480-14 WHEREAS, Rochester MN LLC initiated a proceeding to vacate a utility easement dedicated in 1984 over a part of Lot 1, Block 1, Pennington Business Park Fourth Subdivision. The property is located at 4107 East Frontage Highway 52 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 October 20, 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 October 20, 2014; and WHEREAS, the Common Council convened on October 20, 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 • I 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 are hereby vacated and abandoned: A 10.00 foot public utility easement over, under, and across the part of Lot 1, Block 1, Pennington Business Park Fourth Subdivision, according to the plat thereof on file in the County Recorder's Office, Olmsted County, Minnesota, the centerline of said easement being described as follows: Commencing at the southeast corner of said Lot 1; thence northerly along the east line of said Lot 1; thence northerly along the east line of said Lot 1 on a Minnesota State Plane Azimuth of 359 degrees 55 minutes 15 seconds a distance of 50.74 feet; thence northerly 116.03 feet along said easterly line of Lot 1 on a tangential curve concave to the west having a central angle of 20 degrees 26 minutes 59 seconds and a radius of 325.10 feet; thence westerly 279 degrees 02 minutes, 28 seconds azimuth 15.08 feet to the point of beginning; thence southwesterly 255 degrees 46 minutes 04 seconds azimuth 174.63 feet; thence southerly 189 degrees 02 minutes 28 seconds azimuth 40.00 feet and said centerline there • terminating. PASSED AND ADOPTED BY THE COMMON COUNCIL. C'3F THE CITY OF ROCHESTER, MINNESOTA, THIS _adTh...._ DAY OF__QC.T���Ci. , 2014. PRe,sIUEN�1 f. ; SAID COMMON O COUNCIL Al"TEST; CI'iY CLERK APPROVED THIS 213t DAY OF __QjCj4.EA. . 2014. MAYOR OF SAID CITY -tx xrr, Mr1ti., shy,.{ i ` r J • 6.016�p\tfa��tel�r&8R'I©nf.aA1� 2