HomeMy WebLinkAboutResolution No. 101-26 - CD2026-004VAC - Forte Senior Living Easement Vacation
RESOLUTION
Approving Vacation Petition No. CD2026-004VAC by Bella Vita of Rochester, LLC. &
Forte of Rochester II, LLC. for the Vacation of a Utility Easement Located at 3955 &
3975 Superior Drive NW.
WHEREAS, Bella Vita of Rochester, LLC. & Forte of Rochester II, LLC. request that the City
vacate an existing drainage 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 18, 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
The Drainage and Utility Easement as shown on and dedicated upon Lots 1 and
2, Block 1, STENCIL ADDITION, Olmsted County, Minnesota, described as
follows:
The south 63.00 feet of the north 123.00 feet of the east 10.00 feet of said Lot 1
together with the south 63.00 feet of the north 123.00 feet of the west 35.00 feet
of said Lot 2.
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)