HomeMy WebLinkAboutResolution No. 080-19 - R2019-001VAC Virgils Inc
RESOLUTION
WHEREAS, Virgil’s Incorporated, initiated a request to vacate public right-of-way easements
stst
and utility easements on the south side of 1 Street SW, 250-feet west of the 1 Street SW
th
and 11 Avenue SW intersection, to facilitate development of the Elevon 02 Hotel
development,
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 May 6, 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 May 6, 2019; and
WHEREAS, the Common Council convened on May 6, 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 the following conditions of approval,
1. Prior to or concurrent with recording the vacations, Petitioner shall dedicate the
private cross access easement and utility easements as identified in Dedication
Exhibit B, and
2. Prior to or concurrent with recording the vacations, all underground facilities within
the 8-foot wide utility easement (Vacation Exhibit A, Keynote 4) shall be removed
and new underground facilities shall be rerouted through the proposed access and
utility easement identified in Dedication Exhibit B.
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:
Utility Easement (per document recorded September 30, 1943 in Book K1, Page 203)
All of the alley now lying and being between Lots 18 and 19 and Lots 17 and 21 in
Block 6, A.W. Kutzky’s Addition to the City of Rochester, Olmsted County,
Minnesota.
Public Street Easement (per document recorded July 7, 1988 in Book A5, Page 772)
The North 6.0 feet of Lot 1 and Lot 2, Block 6, in A.W. Kutzky’s Addition, City of
Rochester, Minnesota.
Public Utility Easement (per document recorded September 18, 1990 in Book F5, Page
682)
The North 8 feet of the East 140 feet of the East-West alley as dedicated in the plat
of Block 6 of A.W. Kutzky’s Addition to the City of Rochester.
Utility Easement (per document recorded June 24, 1991 in Book H5, Page 594)
The North 8 feet of the East 140 feet of the East-West alley as dedicated in the plat
of Block 6 of A.W. Kutzky’s Addition to the City of Rochester.
Public Alley Easement (per document recorded February 13, 1992 in Book J5, Page 13)
The West 8.00 feet of the vacated alley adjoining Lot 17 (said vacation being of
record in Olmsted County, Minnesota, the Office of County Recorder, Book K-1
Misc., Page 203), and the East 12.00 feet of the North 79.50 feet of said Lot 17, all in
Block 6, Kutzky’s First Addition, according to the plat thereof on file at the County
Recorder’s Office, Olmsted County, Minnesota.
Together with that part of the East 41.00 feet of the North 79.50 feet of Lot 17, Block
6, Kutzky’s First Addition, according to the plat thereof on file at the County
Recorder’s Office, Olmsted County, Minnesota, described as follows:
Beginning at the southwest corner of said East 41.00 feet of the North 79.50 feet of
Lot 17; thence north along the west line of said East 41.00 feet a distance of 7.00
feet; thence northeasterly to a point on the west line of the East 12.00 feet of said
Lot 17 a distance of 37.00 feet north from the south line of the North 79.50 feet of Lot
17; thence southerly along said west line of said East 12.00 feet to the south line of
the North 79.50 feet of said Lot 17; thence west along said south line of said North
79.50 feet a distance of 29 feet, more or less, to the point of beginning.
Also,
The West 8.00 feet of the vacated alley adjoining Lot 21 (said vacation being of
record in Olmsted County, Minnesota, the Office of County Recorder, Book K-1
Misc., Page 203), and the East 12.00 feet of the South 55.50 feet of said Lot 21, all
in Block 6, Kutzky’s First Addition, according to the plat thereof on file at the County
Recorder’s Office, Olmsted County, Minnesota.
Right of Way Easement (per Doc. No. 761904, recorded October 3, 1997)
A part of Lot 17, Block 6, A.W. Kutzky’s Addition to Rochester, Minnesota, described
as follows:
Commencing at the southeast corner of Lot 4, Block 6; thence North 02 degrees 20
minutes 41 seconds West, assumed bearing, along the east line of said Lot 4 (and
northerly prolongation thereof), a distance of 138.80 feet; thence South 84 degrees
51 minutes 07 seconds West, 16.00 feet to the east line of the west 50.00 feet of
said Lot 17; thence North 02 degrees 20 minutes 41 seconds West along said east
line, 16.00 feet for the point of beginning; thence North 84 degrees 51 minutes 07
seconds East, 91.10 feet; thence North 02 degrees 20 minutes 41 seconds West,
14.50 feet; thence South 84 degrees 51 minutes 07 seconds West, 51.28 feet;
thence northwesterly 38.38 feet along a tangential curve, concave northeasterly,
central angle of 77 degrees 25 minutes 13 seconds, radius of 28.40 feet and the
chord of said curve bears North 56 degrees 26 minutes 16 seconds West, 35.52
feet; thence South 87 degrees 39 minutes 19 seconds West, 11.00 feet to the east
line of the west 50.00 feet of said Lot 17; thence South 02 degrees 20 minutes 41
seconds East along said east line, 37.28 feet to the point of beginning.
Part of Public Alley Easement (per document recorded in Misc. Book X, Page 265)
That part of Lot 17, Block 6, A.W. Kutzky’s Addition to Rochester, Minnesota,
described as follows:
That part of the public alley easement as described in Misc. Book X, Page 265, in
the office of the Olmsted County Recorder, lying north of the south line of the North
79.5 feet of the East 41 feet of said Lot 17.
ALSO
That part of the public alley easement as described in Misc. Book X, Page 265, in
the office of the Olmsted County Recorder, lying north of the south line of the North
79.25 feet of the West 50 feet of the East 91 feet of said Lot 17, and lying east of the
west line of the East 91 feet of said Lot 17.
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)