HomeMy WebLinkAboutResolution No. 058-19 - R2019-002VAC Utility Easement vacation North Star Business Center
RESOLUTION
WHEREAS, Widseth Smith Nolting and Associates, initiated a request to vacate a
portion of a 32-foot utility easement that runs east to west though Lot 2, Block 2, and a
Portion of Lot 1, Block 2, North Star Business Center.
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 April 1, 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 April 1, 2019; and
WHEREAS, the Common Council convened on April 1, 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.
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:
Part of a 32.00 feet wide utility easement, over, under and across Lot 1 and 2 of Block 2,
NORTH STAR BUSINESS PARK, according to the plat thereof on file at the County
Recorder’s office, Olmsted County, Minnesota, said part being 22.00 feet to the right and
10.00 feet to the left of the following the alignment line:
Commencing at the southeast corner of said Lot 1; thence on an assumed
bearing of North 02 degrees 34 minutes 23 seconds West along the east
line of said Lot 1 a distance of 69.00 feet to the alignment line of said 32.00
feet wide utility easement; thence South 87 degrees 25 minutes 37 seconds
West along said alignment line a distance of 5.60 feet to the point of
beginning of said alignment line; thence reverse North 87 degrees 25
minutes 37 seconds East along said alignment line a distance of 160.66
feet to the east line of said Lot 2 and there terminating.
The sidelines of said easement to terminate at the east line of said Lot 2.
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)