HomeMy WebLinkAboutResolution No. 250-16 - WSB&Assoc.VacatePetitionR2016-001.PublicUtilityEasementRESOLUTION NO.
WHEREAS, WSB & Associates initiated a proceeding to vacate part of a public utility
easement along Second Street S.W. The property is located at the corner of Ninth Avenue S.W.,
and Second Street 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 June 6, 2016; 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 June 6, 2016; and
WHEREAS, the Common Council convened on June 6, 2016, investigated and considered
the matter of the vacation of the alley 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 alley easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the alley easement described as follows are hereby vacated and abandoned:
That part of the public utility easement, as dedicated on the recorded plat of
CLIFFSIDE ADDITION, Olmsted County, Minnesota, lying within the South 3 feet of
the North 7 feet of the West 19 feet of the East 48 feet of Lot 1, Block 1, in said
CLIFFSIDE ADDITION.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2016.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF . 2016.
(Seal of the City of
Rochester, Minnesota)
Zone 15\Vacate\Easement.1601
MAYOR OF SAID CITY
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