HomeMy WebLinkAboutResolution No. 101-19 - R2019-005VAC Utility Easement by ERH Development
RESOLUTION
WHEREAS, ERH Developing, Inc., initiated a request to vacate a 10-foot wide utility
easement that runs along the west side of Lot 16, Block 2, Catalina; 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 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 June 3, 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 June 3, 2019; and
WHEREAS, the Common Council convened on June 3, 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:
1. The metes and bounds application under review by planning staff
(#R2019-005MB) shall be recorded prior to recording this easement vacation.
2. The relocation of the existing water main shall occur prior to recording this
easement vacation.
3. The dedication of a new 20-foot utility easement shall be dedicated prior to
the recording of this easement vacation.
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:
Vacating a portion of the 20 foot wide utility easement lying along the common line of Lots
15 and 16, Block 2, as said easement was dedicated on CATALINA RIDGE, said plat on
file and of record in the office of the County Recorder, Olmsted County, Minnesota; said
easement vacation being limited to that part thereof lying easterly of the following
described line:
Commencing at the northeast corner of said Lot 15; thence westerly 269
degrees 34 minutes 23 seconds azimuth along the north line of said Lot 15,
a distance of 11.03 feet to the point of beginning; thence southerly 167
degrees 53 minutes 34 seconds azimuth 90.93 feet to a line being 10 feet
northerly of, as measured radially from the south line of said Lot 16 and said
line there terminating.
Said easement vacation specifically excluding the 10 foot wide platted utility easements
adjoining to and parallel with the north and south lines of Lots 15 and 16 , Block 2,
CATALINA RIDGE.
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)