HomeMy WebLinkAboutResolution No. 222-12 i
RESOLUTION NO. �o�.a •�a
WHEREAS, Rochester Leased Housing Associates initiated a proceeding to vacate a
portion of the drainage easement dedicated over Outlot A, Essex Estates. The property is
located within the Essex Estates Apartment complex which is along the north side of 41 st Street
N.W., and west of West River Road N.W., and,
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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 j
public hearing at 7:00 p.m. on May 7, 2012; 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 May 7, 2012; and
WHEREAS, the Common Council convened on May 7, 2012, investigated and
Onsidered 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, 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 portion of the drainage easement dedicated over, under and across Outlot A,
ESSEX ESTATES, City of Rochester, County of Olmsted, State of Minnesota,
according to the recorded plat thereof, described as follows:
Beginning at the southeastern corner of said Outlot A; thence North 89 degrees 13
minutes 00 seconds West, assumed bearing, along the south line of said Outlot A,
132.60 feet; thence North 00 degrees 48 minutes 37 seconds East, 39.21 feet;
thence South 89 degrees 13 minutes 00 seconds East, parallel with said south line
of Outlot A, 132.58 feet, to the east line of said Outlot A; thence South 00 degrees
47 minutes 00 seconds West, along said east line, 39.21 feet, to the point of
beginning.
BE IT FURTHER RESOLVED that this resolution is subject to the following two
• conditions:
1. The applicant shall acquire Outlot A, Essex Estates within 90 days
from the date of City Council approval of this vacation. Failure to
acquire Outlot A within 90 days will void this resolution for the
easement vacation approval.
2. The vacation resolution must not be recorded until such time as the
applicant has acquired Outlot A, Essex Estates.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 14-h DAY 2012.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: � CD�2 �l11
CITY CLERK U
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APPROVED THIS D1 DAY OF yt a , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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