HomeMy WebLinkAboutResolution No. 135-10 •
RESOLUTION NO. 1�Jc 'IO
WHEREAS, Shailendra Giri and Ramandeep Rattan initiated a proceeding to vacate a
portion of the ten-foot wide drainage easement along the west side of Lot 9, Block 2,
Stonehedge Estates Subdivision. The corner of the garage extends into the easement. The
4Vddress of the property is 2054 Jade Lane 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, 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
19onsidered 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:
Part of an existing 10.00 foot wide drainage easement, as originally dedicated on
the Lot 9, Block 2, STONEHEDGE ESTATES SUBDIVISION, according to the plat
thereof on file at the County Recorder's office, Olmsted County, Minnesota, that
part described as follows:
Commencing at the northwest corner of said Lot 9; thence southerly on a
Minnesota State Plane Grid Azimuth from north of 167 degrees 34 minutes 36
seconds along the west line of said Lot 9 a distance of 19.85 feet; thence easterly
77 degrees 34 minutes 36 seconds azimuth 10.00 feet to the point of beginning;
thence southerly 167 degrees 34 minutes 36 seconds azimuth 25.14 feet; thence
westerly 254 degrees 01 minute 40 seconds azimuth 1.13 feet; thence northerly
344 degrees 08 minutes 00 seconds azimuth 25.09 feet; thence easterly 74
degrees 00 minutes 52 seconds azimuth 2.64 feet to the point of beginning.
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ,54-k1 DAe�'QF A , 2010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: t-(yC�\ �
mpu,"- CITY CLER� 1
APPROVED THIS Lt�h DAY OF Y //I",L-j 12010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\Vacate\Easement 1004
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