HomeMy WebLinkAboutResolution No. 112-19 - R2019-007VAC revised
RESOLUTION
WHEREAS, Fairway Rochester, LLC, initiated a request to vacate a portion of a 35-foot
utility easement that runs north to south through Lots 1-6, Lot 1 and Outlot B, Fairway
Ridge Second.
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 17, 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 17, 2019; and
WHEREAS, the Common Council convened on June 17, 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 utility easement vacation shall be recorded concurrent with Final Plat R2019-
019PLAT.
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:
PROPOSED EASEMENT VACATION DESCRIPTION
(across Lots 1, 2, 3, 4, 5, and 6, Block 1, and Outlot ‘B’, FAIRWAY RIDGE SECOND)
That part of the utility easement within Lots 1, 2, 3, 4, 5, and 6, Block 1, and Outlot ‘B’,
FAIRWAY RIDGE SECOND, according to the recorded plat thereof, as dedicated on
the recorded plat of FAIRWAY RIDGE, Olmsted County, Minnesota. The centerline of
said easement vacation is described as follows:
Commencing at the northwest corner of Lot 6, Block 1, in said FAIRWAY RIDGE
SECOND; thence South 85 degrees 24 minutes 41 seconds East, assumed bearing,
along the north line of said Block 1, a distance of 112.29 feet; thence South 11 degrees
14 minutes 30 seconds West, 7.05 feet for the point of beginning of the centerline to be
described (said easement vacation lies within a distance of 4.00 feet on each side of
said centerline); thence South 11 degrees 14 minutes 30 seconds West, 40.77 feet;
thence South 02 degrees 31 minutes 13 seconds East, 111.77 feet (said easement
vacation changes width at this point and lies within a distance of 7.50 feet on each side
of said centerline); thence South 47 degrees 46 minutes 52 seconds East, 96.76 feet to
the east line of said Block 1, and there terminating. The sidelines of said easement are
to be prolonged or shortened to terminate on said east line and on a line which is 10.00
feet southerly of, as measured at right angles to and parallel with, the north line of said
Block 1.
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)