HomeMy WebLinkAboutResolution No. 200-20 - Easement Vacation David and Barbra Kocer
RESOLUTION
Approving the Vacation of a 20-foot wide drainage easement along the shared
property line of lots 8 and 9, Block 2, Reflections on Mayowood Lake subdivision.
WHEREAS, David & Barbra Kocer, initiated a request to vacate a 20-foot wide drainage
easement that runs north to south along the shared property line of Lots 8 and 9, Block
2, Reflections on Mayo Lake 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, 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 July 6, 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 July 6, 2020; and
WHEREAS, the Common Council convened on July 6, 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:
Drainage Easement Legal Description
That part of the dedicated drainage easement within Lots 8 and 9, Block 2,
REFLECTIONS ON MAYO LAKE, Olmsted County, Minnesota. The centerline of said
easement is described as follows:
Beginning at the southwest corner of said Lot 9 (said easement lies within a distance of
10.00 feet on each side of the following described line); thence North 25 degrees 45
minutes 54 seconds West, assumed bearing, along the southwesterly line of said Lot 9,
a distance of 98.07 feet to a point which is 20.00 feet southeasterly of the northwest corner
of said Lot 9, and there terminating. The sidelines of said easement are to be prolonged
or shortened to terminate on the southeasterly lines of said Lots 8 and 9.
BE IT FURTHER RESOLVED that the City approve Vacation Application #CD2020-001
VAC requested by David and Barbra Kocer, subject to the conditions of approval shown
below
1. Prior to, or concurrent with, recording the easement vacation, the owner shall
dedicate a new 20-foot drainage easement on the part of Lot 8, Block 2, Reflections
on Mayo Lake, to the satisfaction of the Rochester Public Works Department.
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)