HomeMy WebLinkAboutResolution No. 305-17 - VacationPetitionR2017-005VAC.Kallio
RESOLUTION NO. ________________
WHEREAS, Christie Kallio initiated a proceeding to vacate a portion of a 20-foot drainage
and utility easement located south of Penny Lane N.E., and east of the Zumbro River in the Allen
Third Subdivision; 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 July 5, 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 July 5, 2017; and
WHEREAS, the Common Council convened on July 5, 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:
All that part of the 20 foot drainage and utility easement within Lot 2, Block 1,
ALLEN SECOND SUBDIVISION, Olmsted County, Minnesota, as depicted and
dedicated on the recorded plat of said ALLEN SECOND SUBDIVISION.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions of approval:
1. An approved grading and drainage plan is required before recording the
vacation.
2. The relocated easement shall be recorded prior to recording the vacation.
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.1705
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