HomeMy WebLinkAboutResolution No. 440-11 •
RESOLUTION NO. 4-lo- I
WHEREAS, Todd Ust y initiated a proceeding to vacate 1,224 square feet of the utility
easement within Lot 11, Block 1, Viola Hills Townhome CIC 250 adjacent to the south side of Lot
9 and 10. The property is loc ted north of Viola Road N.E., and west of Lisa Lane N.E, and,
• WHEREAS, Section 1 .00 of the City of Rochester Home Rule Charter states that, "[t]he
Common Council may, by re olution adopted by five affirmative votes, vacate any public street,
alley, way, grounds or ease ent, 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 m de 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 pe ition would be heard and considered by the Common Council at a
public hearing at 7:00 p.m. on September 7, 2011; and
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper at least ten days iDrior 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 7, 2011; and
WHEREAS, the Common Council convened on September 7, 2011, investigated and
considered the matter of the acation 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 recorr mendation of the Planning and Zoning Commission, and the
Onvestigation 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:
Beginning at the sou hwest corner of Lot 9, Block 1, Viola Hills Townhomes,
Common Interest Co munity Number, 250, according to the recorded plat on file
and of record in the office of Property Records and Licensing, Olmsted County,
Minnesota; thence on n assumed bearing of North 75'34'45" East along the south
line of Lot 9 and 1 a distance of 102 feet; thence south 14'24'25" East
perpendicular to the outh line of said Lot 10, a distance of 12.00 feet; thence
South 75'34'45" West parallel to the south line of said Lot 9 and 10, a distance of
102 feet; thence North 14'25'15" West perpendicular to the south line of said Lot 9,
a distance of 12.00 fe t to the point of beginning.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA THIS 712-K DA 655P7n?7S%X-- , 2011.
0 PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CI L RK
APPROVED THIS DAY OF 2011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone l Wacate\Easement.1103
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