HomeMy WebLinkAboutResolution No. 217-20 .1 - Pebble Creek Vacation-Resolution
RESOLUTION
Approving Vacation Petition No. CD2020-002VAC by Julie Leisen of Pebble Creek
Rochester LLC, to vacate the 10-foot utility easement on the east sides of Block
5, Lot 12 and Block 6 Lot 12 of Pebble Creek Subdivision.
WHEREAS, Julie Leisen, initiated a request to vacate the 10-foot utility easement on the
east sides of Block 5, Lot 12 and Block 6 Lot 12 of Pebble Creek Subdivision.
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 pm on July 20, 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 pm on July 20, 2020; and
WHEREAS, the Common Council convened on July 20, 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 Easement Legal Description
That part of the dedicated drainage easement within Lot 12, Block 5, and Lot 12, Block 6
PEBBLE CREEK, Olmsted County, Minnesota. The dimensions of said easements are
described as follows:
The Easterly 10 feet of Lot 12, Block 6, Pebble Creek, except the northerly 10 feet thereof
and the Easterly 10 feet of Lot 12, Block 5, Pebble Creek, except the southerly 10 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)