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HomeMy WebLinkAboutResolution No. 066-21 - Easement Vacation and Dedication Petition No. CD2021-001VAC by Jeffrey Brown RESOLUTION Approving Easement Vacation and Dedication Petition No. CD2021-001VAC by Jeffrey Brown, to Vacate a Portion of a Drainage Easement and Utility Easement on Lot 7, Block 1, Northwest Commercial Center Third. WHEREAS, Jeffrey Brown requests that the city vacate a portion of the utility easement dedicated by Easement Document No. A-1282777 together with all of the utility easement dedicated by Easement Doc. No. A-1446827. 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 6:00 p.m. on April 5, 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 6:00 p.m. on April 5, 2021; and WHEREAS, the Common Council convened on April 5, 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. 1 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: That part of Lot 7, Block 1, NORTHWEST COMMERCIAL CENTER THIRD, according to the plat thereof on file at the County Recorder’s Office, Olmsted County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 7; thence on an assumed bearing of North 13 degrees 18 minutes 20 seconds West along the east line of said Lot 7 a distance of 227.99 feet; thence South 80 degrees 44 minutes 18 seconds West 10.02 feet to the westerly line of a 10.00 foot wide utility easement and point of beginning; thence continue South 80 degrees 44 minutes 18 seconds West 171.63 feet; thence North 00 degrees 26 minutes 26 seconds East 39.34 feet; thence North 76 degrees 41 minutes 40 seconds East 91.94 feet; thence South 68 degrees 33 minutes 01 seconds East 85.10 feet to said westerly line; thence South 13 degrees 18 minutes 20 seconds East along said westerly line a distance of 1.80 feet to the point of beginning. Together with: All of the utility easement dedicated by Easement Doc. No. A-1446827, as recorded in said County Recorder’s Office. BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2021- 001VAC subject to one condition of approval: 1. Prior to recording the vacation, the owner shall dedicate new easements. 2 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) 3 EXHIBIT A EASEMENT VACATION EXHIBIT MAP PART OF LOT 7, BLOCK 1, NORTHWEST COMMERCIAL CENTER THIRD CITY OF ROCHESTER, OLMSTED COUNTY, MINNESOTA BEARINGS 0 60 120 BEARINGS ARE BASED ON THE OLMSTED COUNTY COORDINATE SYSTEM (NAD83 - 1996 ADJUSTMENT) SCALE ( IN FEET ) NORTH = PART OF EXISTING DRAINAGE AND UTILITY U.E. = EXISTING UTILITY EASEMENT EASEMENT (DOC. A-1282777) - TO BE VACATED D.U.E. = EXISTING DRAINAGE AND UTILITY EASEMENT = EXISTING 10FT UTILITY EASEMENT PER DOC. A-1446827 - TO BE VACATED LINE DATA SEGMENT LENGTH DIRECTION © 2021 WIDSETH L1 10.02 S80° 44' 18"W L2 1.80 S13° 18' 20"E L3 37.33 N13° 18' 20"W mcooper , 3/11/2021, 9:53:20 AM