HomeMy WebLinkAboutResolution No. 481-14 • 481-14 F4
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RESOLUTION NO. 461-14
WHEREAS, Karst Properties LLC initiated a proceeding to vacate the utility easements
dedicated on Lot 6 and a portion of Lot 5, Block 1, Leitzens Fourth Addition. The property is
located at 315 14th Street N.E.;'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,1 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. Ion October 20, 2014; and
WHEREAS, the Common Council convened on October 20, 2014, investigated and
considered the matter of the vacation of the utility easements 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 easements 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:
The 5 foot utility easement along the west side of Lot 6 and the along the we:
side of the south 20 feet of Lot 5, Block 1 and the 5 foot utility easement along
the north side of Lot 6 and along the south side of Lot 5, Block 1 all within
Leitzen's Fourth Addition in the City of Rochester, Olmsted County, Minnesota
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 20th DAY OF ogogg ,2014.
PRESi ENT C}F SAID COMMON COUNCIL
AT T EST:
CITY CLERK
APPROVED THIS 21st DAY OF ogoprn ,2014.
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MAYOR OF SAID CITY
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F®nel MacateTasement.1412
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