HomeMy WebLinkAboutResolution No. 087-26 - Resolution - CD2026-003VAC Waste to Energy Facility
RESOLUTION
Approving Vacation Petition No. CD2026-003VAC by Olmsted County, for the
Vacation of a Utility Easement Located at 301 Energy Parkway NE.
WHEREAS, Olmsted County 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 May 4, 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
Commencing at the southeast corner of said Southwest Quarter; thence
North 00 degrees 02 minutes 24 seconds East, assumed bearing, along
the easterly line of said Quarter 1492.71 feet; thence North 88 degrees 47
minutes 32 seconds West 33.00 feet to the westerly right of way line of
Energy Parkway N.E.; thence continue North 88 degrees 47 minutes 32
seconds West 34.86 feet; thence North 01 degrees 59 minutes 49
seconds West 205.87 feet; thence North 85 degrees 31minutes 30
seconds West 77.85 feet; thence North 02 degrees 11 minutes 59 seconds
West 67.30 feet; thence North 85 degrees 52 minutes 16 seconds West
153.27 feet; thence South 53 degrees 49 minutes 05 seconds West 71.92;
thence North 89 degrees 15 minutes 18 seconds West 473.54; thence
South 00 degrees 44 minutes 42 seconds West 10.00 feet to the point of
beginning of said centerline; thence South 00 degrees 25 minutes 03 seconds
West 29.13 feet; thence South 89 degrees 34 minutes 57 seconds East 16.16
feet; thence North 89 degrees 34 minutes 57 seconds West 16.16 feet; thence
South 00 degrees 25 minutes 03 seconds West 240.40 feet; thence North 89
degrees 36 minutes 04 seconds East 16.26 feet; thence South 89 degrees 36
minutes 04 seconds West 62.38 feet; thence South 03 degrees 25 minutes 20
seconds West 113.61 feet; thence North 87 degrees 21 minutes 03 seconds West
128.55 feet; thence North 89 degrees 19 minutes 00 seconds West 4.98 feet;
thence South 89 degrees 19 minutes 00 seconds East 4.98 feet; thence South 87
degrees 21 minutes 03 seconds East 128.55 feet; thence South 20 degrees 39
minutes 13 seconds West 173.60 feet; thence North 20 degrees 39 minutes 13
seconds East 173.60 feet; thence North 70 degrees 18 minutes 58 seconds East
30.06 feet; thence South 75 degrees 11 minutes 31 seconds East 145.60 feet;
thence South 57 degrees 59 minutes 30 seconds East 51.72 feet; thence South
66 degrees 52 minutes 03 seconds East 43.16 feet and there terminating.
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)