HomeMy WebLinkAboutResolution No. 158-10 RESOLUTION NO.
WHEREAS, Rochester Montessori School, LLC, initiated a proceeding to vacate a portion
of a utility easement on Lot 1, Block 1, Rochester Montessori Subdivision and has an address of
5099 Seventh Street N.W., 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 19, 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 19, 2010; and
WHEREAS, the Common Council convened on April 19, 2010, investigated and
considered 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
10investigation 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:
A 20.00 foot utility easement lying 10.00 feet on each side of the following
described centerline:
Commencing at the Northeast 'corner of Lot 1, Block 1, Rochester Montessori
Subdivision, according to the official plat thereof, City of Rochester, Olmsted
County, Minnesota; thence west along the north line of said Lot 1, North 89055'41"
West, 108.32 feet; thence South 00000'00" East, 34.18 feet, thence South
90000'00" West, 22.00 feet to the point of beginning; thence South 90000'00"
West, 13.00 feet and there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /f7,q D OF :Aw 01 -.
PRESIDENT OF SAID COMMON COUNCIL
•
ATTEST:(.//' � 'r ��`i-�
CIfY CLERK
APPROVED THIS DAY OFF , 2010.
01-50
04 00
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zonel Macate\Easement.1005
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