HomeMy WebLinkAboutResolution No. 134-10 • —` IIII III IIII II I IIIII II IIk)-01«�iuc
OFFICE OF COUNTY RECORDER
Olmsted County, Minnesota
I hereby certify that this document was filed in this office
on 4/14/201 O at 2:30 PM and was duly
recorded as document number A— 1 227668
W MARK KRUPSKI-Co Recorder,by Deputy
Well Certifcate: Received Not Required
Abstr.-yes no
Fees: $46.00
Received from/return to:
ROCHESTER CITY OF
CITY HALL
ROCHESTER MN 55901
RESOLUTION NO. I34'1 0
WHEREAS, Macken Brothers Partnership, LLP, initiated a proceeding to vacate a ten-
foot wide utility easement as dedicated on the plat of Park Home Subdivision. The easement is
lying within Lots 1-10 of Block 3, which is north of 11 Y2 Street S.E., and east of 11th Avenue
•S.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, 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 April 5, 2010; 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 April 5, 2010; and
WHEREAS, the Common Council convened on April 5, 2010, investigated and
Oconsidered the matter of the vacation of the utility easement and gave all interested parties an
opportunity to be heard and to present evidence; and _
_A
JD
�J
�� C./
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 certain 10.00 foot wide utility easement, as originally dedicated on the plat of
PARK HOME SUBDIVISION, according to the plat thereof on file at the County
Recorder's Office, Olmsted County, Minnesota, lying within Lots 1, 2, 3, 4, 5, 6, T,
8, 9 and 10 of Block 3 of said plat.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS Jr�'Y1 DAY-OF , 2010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: L1 ;�0�4
• DEPUTY CITY CLERK)
APPROVED THIS i 'P/) DAY OF F' , 2010.
/ s
MAYOR OF SAID CITY
(Seal of 1116)Cw of-
Roche's'tei,-.Mannesotay
Zone 10\Vacate\Ease me nt.1003
•
2
200 Ft. Notification Area of Proposed
_...__
Easement Vacation
07
I S '
:
Ell,
LI _��
9 1/2 ST SE , \
l Jam..
11 t \
{
10 1/2 ST SE 4
1
I
I 1
w
w
r � '
i I1 �
_
....... ......
w -� f M•- 11 1/2 Sl E
77 �.••
LU
Ltl �•. `/'"'
(_-:•�"�•'•'•-"J Vacation Petition#R2010-003 VAC EASEMENT by Macken
I _
Brothers Partnership, LLP.
S1
�r
Ward 4 (Mark Bilderback).,
w Neighborhood Association: South=East Settlers
_ > 311 1 5/2 0 1 0
__ -__
_ ----__, - ------------"----- �AS E M E N T VA CAT I CG-A _-- -------__---_
BLOCK 3
PARK HOME SUBDIVISION
OLMSTED COUNTY, MINNESOTA
0 30 60 120
mmmlmmmz� p-
SCALE IN FEET UTILITY EASEMENT TO BE VACATED
i I
!E.
: ..,.. :.. ..�.1...:1:: i......... 1...
i..j....i .. i :'_ • • it:i3.. ... :. .:� J.
:t
LLJ
1;E .°t...
13 i.1 ...... Z Z
W.
.. '
o
13-1
1 •
RECEIVED
I
MAR 1 1 2010
ROCHESTER-OLMSTED
PLANNING DEPARTMENT
PROJECT NUMBER 10832 1 HEREBY CERTIFY THAT THIS SURVEY,PLAN OR ENGINEERS-ARCHITECTS
10832v...t.0l.UWG REPORT WAS PREPARED BY ME OR UNDER MY SURVEYORS• PLANNERS
DIRECT SUPERVISION AND THAT I AM A DULY
DATE OF SURVEY 01120Z2010 LICENSED LAND SURVEYOR UNDER THE LAWS LANDSCAPE ARCHITECTS
OF THE STATE OF MINNESOTA.
DRAFTED BY GO 717 THIRD AVE. S.E.
f/ A� ROCHESTER,MN o �
YCA PETER G.OETLIKER,PLS 507-288-6464
SURVEYED BY FAX:507-288-5058
SURVEYED FOR L-/1 /2o I o 41887 E-MAIL:INFOOYAGGY COM
MACKEN FUNERAL HOME DATE NUMBER