HomeMy WebLinkAboutResolution No. 106-21 - Vacation No. CD2021-002VAC - Essex Estates Fifth
RESOLUTION
Approving the Vacation of two easements located within the Essex Estates Fifth
Subdivision.
WHEREAS, Essex Estates Properties, LLC. initiated a request to vacate two easements
within the Essex Estates Fifth Subdivision, which includes a 10’ wide public utility
easement between lots 5 and 6, Block 3; and a 20’ wide utility easement between lots 7
and 8, Block 3.,
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 May 17, 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 May 17, 2021; and
WHEREAS, the Common Council convened on 6:00 p.m. on May 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.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the easements described as follows is hereby vacated and abandoned:
Drainage Easement Legal Description
The Westerly 5.00 feet of Lot 5, Block 3, ESSEX ESTATES FIFTH SUBDIVISION,
according to the plate thereof; EXCEPT: The Northerly 10.00 feet thereof.
The Easterly 5.00 feet of Lot 6, Block 3, ESSEX ESTATES FIFTH SUBDIVISION,
according to the plat thereof; EXCEPT: The Northerly 10.00 feet thereof.
The Southerly 7.50 feet of the Easterly 40.71 feet of Lot 6, Block 3, ESSEX ESTATES
FIFTH SUBDIVISION, according to the plat thereof.
The Northerly 7.50 feet of the Easterly 40.71 feet of Lot 4, Block 3, ESSEX ESTATES
FIFTH SUBDIVISION, according to the plat thereof.
The Westerly 10.00 feet of Lot 7, Block 3, ESSEX ESTATES FIFTH SUBDIVISION,
according to the plat thereof; EXCEPT: The Northwesterly 10.00 feet and the
Southwesterly 5.00 feet thereof.
The Easterly 10.00 feet of Lot 8, Block 3, ESSEX ESTATES FIFTH SUBDIVISION,
according to the plat thereof; EXCEPT: The Northeasterly 10.00 feet and the
Southeasterly 5.00 feet thereof.
BE IT FURTHER RESOLVED that the City approve Vacation Application #CD2021-002
VAC requested by Essex Estates Properties, LLC., subject to the conditions of approval
shown below:
1. The Final Plat dedicating the new easement shall be recorded concurrent with this
vacation.
2. The existing 6-inch public water main within the westerly 20’ easement to be vacated
must be reconstructed to within the new 20’ easement area at the expense of the
developer. A standard City/owner contract process shall be followed for the
reconstruction.
3. Applicant shall provide a revised site plan exhibit identifying the two easements to be
vacated along with the proposed replacement easement, and with removing the 5’
partial easement vacation from the document.
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)