HomeMy WebLinkAboutResolution No. 034-19 - RyanCompanies.VacatePetition.R2018-009VAC
RESOLUTION
WHEREAS, Rochester Property Owner, LLC, initiated a request to vacate
approximately 400 square-feet of right-of-way on the east side of 1st Avenue SW between
West Center Street and 3rd Street SW on the north side of Peace Plaza,
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 Planning Department 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 February 20, 2019; and
WHEREAS, the Planning Department 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 at 7:00 p.m. on February 20, 2019; and
WHEREAS, the Common Council convened on February 20, 2019; investigated
and considered the matter of the vacation of the 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 members of the public to
vacate the easement, subject to one condition of approval,
1. Prior to recording the vacation, a recorded easement the width of the
existing duct bank that runs perpendicular through the vacation area, is
required to the satisfaction of Rochester Public Utilities; and
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:
th
That part of Peace Plaza formally known as 4Fourth Street as dedicated on the
ORIGINAL PLAT, IN THE CITY OF ROCHESTER according to the recorded plat
thereof, Olmsted County, Minnesota and that part of 1st Avenue Southwest formally
known as Main Street as dedicated on said plat, described as follows:
Commencing at the Southwest corner of Block 32, said ORIGINAL PLAT, IN THE CITY OF
ROCHESTER; thence North 00 degrees 18 minutes 33 seconds West, assumed bearing
along the West line of said Block 32 a distance of 5.00 feet; thence continue North 00
degrees 18 minutes 33 seconds West, along said West line, a distance of 159.00 feet;
thence South 89 degrees 42 minutes 57 seconds West, a distance of 30.00 feet; thence
South 00 degrees 18 minutes 33 second East, a distance 15.00 feet; thence South 89
degrees 42 minutes 57 seconds West, a distance of 17.50 feet; thence South 00
degrees 18 minutes24 seconds East, a distance 116.27 feet; thence South 60 degrees 01
minutes 18 seconds East, a distance of 55.01 feet to the actual point of beginning; thence
North 60 degrees 01 minutes 18 seconds West, a distance of 29.19 feet; thence South 00
degrees 18 minutes 33 seconds East, a distance of 24.37 feet; thence North 89 degrees
41 minutes 27 seconds East, a distance of 35.67 feet; thence North 00 degrees 18
minutes 33 seconds West, a distance of 4.64 feet to the southerly line of said Block 32;
thence South 89 degrees 43 minutes 57 seconds West along said southerly line of said
Block 32, a distance of 10.46 feet to said west line of Block 32; thence North 00 degrees
18 minutes 33 seconds West along the said west line of said Block 32, a distance of 5.00
feet to the point of beginning and there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF _, 2019.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2019.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Vacate\\Easement.1809