HomeMy WebLinkAboutResolution No. 392-17 - VacationPetitionR2017-006VC.MayoClinic.15FootUtilityEasement
RESOLUTION NO. ________________
WHEREAS, Mayo Clinic initiated a proceeding to vacate a portion of a 15-foot utility
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easement located north of 41 Street N.W., east of 31 Avenue N.W., south of 43 Street N.W.,
and west of West Frontage Road N.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 September 6, 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 September 6, 2017; and
WHEREAS, the Common Council convened on September 6, 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:
A 15 foot wide strip of land in the South Half of the Southeast Quarter of Section
16, Township 107 North, Range 14 West, the centerline of said strip being
described as follows:
Commencing at the southwest corner of said Southeast Quarter; thence easterly
on a Minnesota State Plane Grid Azimuth from the north of 88 degrees 12
minutes 04 seconds along the south line of said Southeast Quarter, 984.33 feet;
thence northerly 358 degrees 12 minutes 04 seconds azimuth, 198.00 feet for
the point of beginning of the centerline to be described; thence westerly 268
degrees 12 minutes 04 seconds azimuth, 217.13 feet; thence southerly 178
degrees 12 minutes 04 seconds azimuth, 13.50 feet; thence northerly 358
degrees 12 minutes 04 seconds azimuth, 13.50 feet; thence westerly 268
degrees 12 minutes 04 seconds azimuth, 95.76 feet; thence southwesterly 223
degrees 12 minutes 04 seconds azimuth, 25.73 feet; thence westerly 268
degrees 12 minutes 04 seconds azimuth, 87.23 feet; thence northwesterly 313
degrees 12 minutes 04 seconds azimuth, 25.73 feet; thence westerly 268
degrees 12 minutes 04 seconds azimuth, 54.79 feet; thence easterly 88 degrees
12 minutes 04 seconds azimuth, 28.50 feet; thence northerly 358 degrees 12
minutes 04 seconds azimuth, 142.18 feet and there terminating.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions of approval:
1. The two proposed easement vacations shall be shown on separate
vacation exhibits.
2. Prior to recording the vacation of the eastern easement vacation within
this application, the watermain shall be relocated, and a new easement
for the relocated watermain shall be recorded.
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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.1706
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