HomeMy WebLinkAboutResolution No. 334-15 - ThinkMutualBank.VacR2015003RESOLUTION NO.
WHEREAS, Think Mutual Bank initiated a proceeding to vacate a utility easement
dedicated in 1995 over a portion of Lot 11, Block 2, Green Meadows Fifth Subdivision to allow for
the reconstruction of a parking lot. The property is located at 1698 Greenview Drive S.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 July 6, 2015; 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 6, 2015; and
WHEREAS, the Common Council convened on July 6, 2015, 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 are hereby vacated and abandoned:
A 20.00 foot easement for public utility purposes over, under, and across a part
of Lot 11, Block 2, GREEN MEADOWS FIFTH SUBDIVISION. The centerline of
said easement is described as follows:
Commencing at the southeast corner of said Lot 11; thence North 83 degrees 34
minutes 45 seconds West, assumed bearing, along the southerly line of said Lot
11 a distance of 195.73 feet for the point of beginning of the line to be described;
thence North 33 degrees 09 minutes 27 seconds West, 42.53 feet to a point
hereinafter referred to as Point "A"; thence continue North 33 degrees 09
minutes 27 seconds West, 100.06 feet to a point hereinafter referred to as Point
"B"; thence continue North 33 degrees 09 minutes 27 seconds West, 54.92 feet
(said easement changes at this point to lie within a distance of 5.00 feet to the
left and 15.00 feet to the right); thence continue North 33 degrees 09 minutes 27
seconds West, 34.64 feet to a point hereinafter referred to a Point "C"; thence
continue North 33 degrees 09 minutes 27 seconds West, 244.09 feet to the
northerly line of said Lot 11 and there terminating.
Together With:
A 15.00 foot easement for the above described purposes, being 7.50 feet on
each side of the following described line:
Beginning at the beforementioned Point "A"; thence North 56 degrees 50
minutes 33 seconds East, 161.74 feet; thence North 11 degrees 50 minutes 32
seconds East, 19.46 feet; thence North 10 degrees 36 minutes 38 seconds
West, 68.85 feet and there terminating.
Together With:
A 15.00 foot easement for the above described purposes, being 7.50 feet on
each side of the following described line:
Beginning at the beforementioned Point "B"; thence South 55 degrees 55
minutes 46 seconds West, 30.00 feet and there terminating.
Together With:
A 10.00 foot easement for the above described purposes, being 5.00 feet on
each side of the following described line-
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Beginning at the beforementioned Point "C"; thence South 57 degrees 13
minutes 42 seconds East, 95.37 feet; thence South 34 degrees 04 minutes 12
seconds East, 10.45 feet and there terminating.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions-
1. A new easement must be dedicated concurrent with construction of the
proposed relocated watermain.
2. The ten -foot utility easement along the northerly lot line from the east lot line
to the west lot line must still remain. Final construction plans will need to
conform to RPU Electric Rules and Regulations.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\Vacate\Easement.1503
MAYOR OF SAID CITY
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