HomeMy WebLinkAboutResolution No. 030-21 - Vacation Petition No. CD2020-005VAC
RESOLUTION
Approving Vacation Petition No. CD2020-005VAC by Continental 326 Fund LLC.
WHEREAS, Continental 326 Fund LLC requests that the city vacate easements
dedicated by recorded Document No. A-1135646 in 2007, for public drainage and public
turn-around purposes, that are no longer needed due to additional easements recorded
in 2015; and
WHEREAS, The subject temporary turn- around easement is generally located along
28th Street SE and east of 30th Street SE, on the north and south side of the right-of-
th
way. The subject permanent drainage easement is located south of 28Street SE, north
th th
of 30Street SE and east of 30Street SE; 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 January 20 2021; 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 January 20 2021; and
WHEREAS, the public hearing was continued to the February 1, 2021, City Council
Meeting and subsequently to the February 17, 2021, City Council Meeting
WHEREAS, the Common Council convened on February 17 2021; 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.
WHEREAS, the specific areas in which are to be vacated are provided by the following
legal descriptions and as depicted by the Map attached as “Exhibit A” attached to this
resolution.
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:
Relinquishment of rights to permanent Public Drainage Easement
as established within Document No. A-1135646
Legal Description
A permanent public drainage easement over, across and below, the South 66.00 feet of
the East 434.18 feet of the Southwest Quarter of the Southwest Quarter, Section 13,
Township 106 North, Range 14 West, Olmsted County, Minnesota.
TOGETHER WITH:
A permanent public drainage easement over, across and below, that part of the
Southwest Quarter of the Southwest Quarter, Section 13, Township 106 North, Range
14 West, Olmsted County, Minnesota, described as follows: Commencing at southwest
corner of said Southwest Quarter of the Southwest Quarter; thence North 00°40’59”
West on a assumed bearing along the west line of said Southwest Quarter of the
th
Southwest Quarter 1014.29 feet to the north right of way line of 28Street SE, in THE
12 SEAS SUBDIVISION, according to the recorded plat thereof, on file, and of record in
the office of the County Recorder, Olmsted County, Minnesota; thence North 89°54’55”
East 66.01 feet; thence South 01°00’21” East 432.78 feet to the point of beginning;
thence continuing South 01°00’21” East 39.78 feet; thence South 33°02’41” East 188.50
feet; thence South 01°00’21” East 319.32 feet; thence North 89°21’21” East 100.00 feet;
thence South 01°00’21” East 64.22 feet to the south line of said Southwest Quarter of
the Southwest Quarter; thence North 89°41’33” East along said south line of the
Southwest Quarter of the Southwest Quarter 605.47 feet: thence North 00°41’55” West
581.13 feet; thence South 89°42’11” West 340.48 feet; thence North 00°40’41” West
393.01 feet; thence South 89°42’11” West 167.70 feet; thence South 00°40’59” East
40.00 feet; thence North 89°42’11” East 147.69 feet; thence South 00°40’41” East
353.01 feet; thence South 89°42’11” West 448.12 feet to the point of beginning.
Relinquishment of rights to temporary Public Turn-Around Easement
as established within Document No. A-1135646
Legal Description
A temporary public turn-around easement over, across and below, that part of part of the
Southwest Quarter of the Southwest Quarter, Section 13, Township 106 North, Range
14 West, Olmsted County, Minnesota, described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter;
thence on an assumed bearing of South 89°41’33” West 1311.40 feet to the southeast
corner of said Southwest Quarter of the Southwest Quarter; thence North 00°41’55”
West along the east line of said Southwest Quarter of the Southwest Quarter 924.06
feet; thence South 89°42’11” West 843.05 feet to the point of beginning; thence South
89°42’11” West 99.19 feet; thence North 00°40’59” West 100.00 feet; thence North
89°42’11” East 99.19 feet’; thence South 00°East to the point of beginning.
BE IT FURTHER RESOLVED that the City approve Vacation Application #CD2020-
005VAC
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Relinquishment of rights to permanent Public Drainage Easement and Temporary Turn-
Around Easement as established by Document No. A-1135646
(Exhibit A)
AREA B
Turn-Around Easement as
established by Document
No A-1135646
(Area A)
Drainage
Easement
(Area A)
Drainage Easement as
established by Document
No. A-1135646
(Area A)
Relinquishment of rights to permanent Public Drainage Easement as established by
Document No. A-1135646
(Area B)
Relinquishment of rights to temporary Turn-Around Easement as established by
Document No. A-1135646