HomeMy WebLinkAboutResolution No. 406-15 - VacatePetition.R2015004.DeGroenRESOLUTION NO.
WHEREAS, Piet and Anne Marie DeGroen initiated a proceeding to vacate a utility
easement dedicated in 1991 over a portion of Lots 1 and 2, Block 3, Baihly Heights Sixth
Subdivision to allow for a bufferyard. The property is located at 1065 23rd Avenue S.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 August 17, 2015; and
WHEREAS, the City Clerk filed the petition in his 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 August 17, 2015; and
WHEREAS, the Common Council convened on August 17, 2015, 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, 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 are hereby vacated and abandoned:
The public utility easement depicted over the Westerly 10 feet of Lots 1 & 2, Block 3,
Baihly Heights Sixth Subdivision, Olmsted County, Minnesota, excepting the
Northerly 10 feet of the Westerly 10 feet of said Lot 1, Block 3.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\Vacate\Easement.1504
MAYOR OF SAID CITY
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