HomeMy WebLinkAboutResolution No. 176-19 - Vacating utility easement as part of Essex Estates Fifth Subdivision CD2019-001VAC
RESOLUTION
WHEREAS, Franklin Kottschade of Essex Estates LLC, initiated a request to vacate drainage and
utility easements that cover on certain lots within Block 3, Essex Estates Fifth Subdivision; 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, to 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 Community Development 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 August 19, 2019; and
WHEREAS, the Community Development 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 August 19, 2019; and
WHEREAS, the Common Council convened on August 19, 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 following conditions of approval:
1. A replat of the Block 3 of Essex Estates Fifth Subdivision in conformance with the
approved General Development Plan #R00354GDP shall be recorded concurrent to
recording of this vacation.
2. New easements will be dedicated on said plat as applicable for the proposed
reconfiguration.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that
the easements described as follows are hereby vacated and abandoned:
All platted within Essex Estates Fifth Subdivision, 20-foot wide drainage easement
along the rear lot lines of lots 22, 23, 24, 28 and 29 Block 3; 10-foot wide utility
easement between lots 24, 25, 26, 27 and 28 Block 3; and 10-foot wide utility easement
between lots 33 and 34 Block 3; Olmsted County, Minnesota.
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)