HomeMy WebLinkAboutResolution No. 347-16 - VacatePetition.R2016-006VAC.2009SecondStreet,LLCRESOLUTION NO.
WHEREAS, 2009 Second Street, LLC, initiated a proceeding to vacate a portion of a utility
easement located at 2009 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 August 1, 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 August 1, 2016; and
WHEREAS, the Common Council convened on August 1, 2016, investigated and
considered the matter of the vacation of a portion 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 a portion of 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:
A 10.00 foot easement over, under and across a part of the West Half of the
Southwest Quarter of Section 34, Township 107 North, Range 14 West,
Rochester, Minnesota. The centerline of said easement is described as follows:
Commencing at the southeast corner of the West Half of said Southwest
Quarter; thence North 88 degrees 30 minutes 36 seconds West, assumed
bearing, along the south line of said Southwest Quarter, 223.52 feet; thence
North 00 degrees 46 minutes 52 seconds West, 50.00 feet; thence North 88
degrees 30 minutes 36 seconds West, 94.80 feet for the point of beginning;
thence North 00 degrees 00 minutes 06 seconds East, 107.20 feet; thence
South 89 degrees 00 minutes 54 seconds East, 21.00 feet and there terminating.
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.1606
MAYOR OF SAID CITY
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