HomeMy WebLinkAboutResolution No. 068-26 - Resolution - CD2026-001VAC -Leo and Ed LLC
RESOLUTION
Approving Vacation Petition No. CD2026-001VAC by Leo & Ed LLC., for the Vacation
of a Utility Easement Located at 4748 Hwy 52 N.
WHEREAS Leo & Ed LLC. requests that the city vacate an existing public utility
easement; and
WHEREAS Section 17.00 of the City of Rochester Home Rule Charter states that, “the
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
“no vacation shall be made unless the Common Council finds that to do so is in the public
interest”; and
WHEREAS Rochester Community Development filed the petition in their 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 on April 6, 2026; 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 members of the public to vacate
the easement; and
WHEREAS the specific areas in which are to be vacated are provided by the following
legal description and as depicted by the Map attached to this resolution.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the easement described as follows is hereby vacated and abandoned.
AREA OF EASEMENT RELEASE
Easement for electric transmission purposes, together with any incidental rights, in favor
of the City of Rochester, a Minnesota municipal corporation, as contained in the Utility
Easement, dated March 4, 1992, recorded September 14, 1992, in Book K-5 of
Miscellaneous Records, Page 371, as Document No. 636101
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2026-
001VAC.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2026.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)