HomeMy WebLinkAboutResolution No. 241-20 - Jewison Vacation CD2020-003VAC
RESOLUTION
Approving Vacation Petition No. CD2020-003VAC by Joe Jewison.
Approving Vacation Petition No. CD2020-003VAC by Joe Jewison, to vacate a 10-foot
wide utility easement that runs north to south, 10 feet west of the east property line of Lot
3, 41st Street Business Park Subdivision, and create an additional 15ft utility easement
on the southern side of the property.
WHEREAS, Joe Jewison, initiated a request to vacate the western 10-feet of a 20-foot
wide utility and drainage easement.
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 3:30 p.m. on August 17th 2020; 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 3:30 p.m. on August 17th, 2020; and
WHEREAS, the Common Council convened on August 17th, 2020; 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:
Utility and Drainage Easements Legal Description:
The westerly 10.00 feet of a Drainage Way Easement, as recorded in Book L-4 of
Miscellaneous, Page 856, at the County Recorder’s office, Olmsted County, Minnesota,
ST
lying within Lot 3, Block 1, 41 STREET BUSINESS PARK, according to the plat thereof
on file at said County Recorder’s office.
Together with:
The westerly 10.00 feet of a 20.00 feet wide Utility Easement, along the east line of Lot
ST
3, Block 1, 41 STREET BUSINESS PARK, according to the plat thereof on file at the
County Recorder’s office, Olmsted County, Minnesota, except the southerly 25.00 feet
thereof.
BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2020-
002VAC
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2020.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS_____DAY OF_____________________, 2020.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)