HomeMy WebLinkAboutResolution No. 319-20 - Vacation No. CD2020-004VAC - Pagel Schwartz
RESOLUTION
Approving Vacation Petition No. CD2020-004VAC by Daniel Pagel and Amanda
Schwartz to vacate a portion of a 5-foot wide utility easement.
WHEREAS, Daniel Pagel and Amanda Schwartz request that the city vacate a portion of
the easement. The vacation petition specifically requests a section 3.5 feet by 26 feet,
approximately the size of the garage footprint.
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
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Council at a public hearing at 3:30 p.m. on December 7 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
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and considered by the Common Council at 3:30 p.m. on December 7, 2020; and
WHEREAS, the Common Council convened on December 7th, 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 Easements Legal Description
That portion of the public utility located in Lot 2, Block 2, Sonnenberg’s Addition to the
City of Rochester, Olmsted County, Minnesota, described as follows:
Commencing at the Northwest Corner of Lot 2, Block 2, Sonnenberg’s Addition to the City
of Rochester, Olmsted County, Minnesota, thence easterly, along the north line of said
Lot, a distance of 24.50 feet, thence South 1.50 feet, for the point of beginning of the
parcel to be described, thence continue South, a distance of 3.50 feet to the south line of
the north five feet of said Lot 2, thence easterly, parallel to the north line of said Lot 2,a
distance of 26.00 feet, thence North 3.50 feet, thence in a straight line westerly to the
point of beginning.
BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2020-
004VAC.
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)