HomeMy WebLinkAboutResolution No. 236-17 - 1406SecondStreetAssociates,LLC.VacationPetitionR2017-004VAC
RESOLUTION NO. ________________
WHEREAS, 1406 Second Street Associates, LLC, initiated a proceeding to vacate a ten-
th
foot drainage easement located just south of Second Street S.W., between 14 Avenue S.W., and
th
15 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 May 15, 2017; 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 May 15, 2017; and
WHEREAS, the Common Council convened on May 15, 2017; 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 is hereby vacated and abandoned:
Utility easement as shown on the plat of Blondell’s First Subdivision dated April
14, 1978, recorded May 4, 1978 as Document No. 400493 (Tract A: Parcel 3).
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions of approval:
1. Prior to any site work on the property, Petitioners must confirm and
implement the appropriate relocation and/or abandonment of utilities located
in the vacation area.
2. Prior to recording the vacation, necessary easements for the relocation of
utilities within the vacation area shall be recorded.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _________ DAY OF _________________, 2017.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:________________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2017.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Vacate\\Easement.1704
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