HomeMy WebLinkAboutResolution No. 598-13,t
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RESOLUTION NO. 0-9C5 - /3
WHEREAS, Olmsted National Bank initiated a proceeding to vacate the northerly 25 feet
of the public street and utility easement on the property in a part of the East Half of the
Southwest Quarter of Section 28, Cascade Township. The property is located along Witder
Road N.W., west of United Building Centers;, 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, 1
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 December 2, 2013; and
WHEREAS, the City Clerk filed the petition in her 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 December 2, 2013; and
WHEREAS, the Common Council convened on December 2, 2013, investigated and
considered the matter of the vacation of the public street and 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 public street and utility easement in question.
NOW, THEREFORE, BE IT RESOLVED 'by the Common Council of the City of
Rochester that the public street and utility easement described as follows is hereby vacated and
abandoned:
That part of the East Half of the Southwest Quarter of Section 28, Township 107
North, Range 14 West, Olmsted County, Minnesota, described as follows:
The northerly 25.0 feet of that part which lies 80.0 feet northerly of, as measured
perpendicular to, the north right-of-way of T.H. No. 14.
Also
The northerly 25.0 feet of the southerly 80.0 feet of Outlot "B", Radichel First
Subdivision to the City of Rochester, Minnesota.
BE IT FURTHER RESOLVED that the vacation of this portion of the public street and
utility easement is subject to the satisfaction of the following condition of approval:
. 1. The resolution must not be recorded until such time as the ten -foot wide
public utility easement, as shown on the vacation exhibit, is dedicated at no
cost to the City. Said public utility easement shall be recorded within 90
days from the date of City Council approval. Failure to dedicate the public
utility easement within 90 days will void the resolution for the right-of-way
vacation approval.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ZJd DAY 0F,2013.
PRESIDENT F SAID COMMON COUNCIL
ATTEST:
CIYY OCERK
APPROVED THIS 34-J DAY OF �157_, 2013.
MAYOR OF SAID CITY
•(Seal of the City of ,
Rochester, Minnesota)
Zone Macate\Easement.1307
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