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HomeMy WebLinkAboutResolution No. 163-21 - Resolution - Easement Vacation NO. CD2021-003VAC Mayo Clinic RESOLUTION Approving Easement Vacation and Dedication Petition No. CD2021-003VAC by Mayo Clinic to vacate a portion of 2nd Ave NW Right-of-Way (ROW), and an existing public alley located south of Civic Center Dr NW, east of 3rd Ave NW and north of 3rd St NW. WHEREAS, Mayo Clinic requests that the city vacate a portion of 2nd Avenue NW, and an existing public alley. 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 was heard and considered by the City Planning and Zoning Commission at a public hearing on June 23rd, 2021; 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 on August 2nd, 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 on August 2nd, 2021; and WHEREAS, the Common Council convened on August 2nd, 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. 1 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: Alley Vacation: Lots 1, 2, 3, 4, 8, 9, 10, 11 and 12; and part of Lots 5, 6 and 7; all in Block 58, ORIGINAL PLAT OF ROCHESTER, Olmsted County, Minnesota; and Street Vacation: That part of dedicated Second Avenue NW (formerly Franklin Street), lying adjacent to Blocks 58 and 59, ORIGINAL PLAT OF ROCHESTER, Olmsted County, Minnesota, described as follows: Commencing at the southeast corner of Lot 1, in said Block 58; thence North 00 degrees 21 minutes 48 seconds West, assumed bearing, along the east line of said Block 58, a distance of 206.27 feet; thence South 46 degrees 41 minutes 08 seconds East, 51.85 feet to the centerline of said Second Avenue NW; thence South 58 degrees 14 minutes 04 seconds East, 44.28 feet to the west line of said Block 59; thence South 00 degrees 21 minutes 48 seconds East, along said west line, 146.87 feet to the southwest corner of Lot 12 in said Block 59; thence South 89 degrees 42 minutes 14 seconds West, along the westerly extension of the south line of said Lot 12, a distance of 37.50 feet to the centerline of said Second Avenue NW; thence South 89 degrees 30 minutes 16 seconds West, along the easterly extension of the south line of Lot 1, in said Block 58, a distance of 37.50 feet and there terminating. BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2021- 003VAC subject to the following conditions of approval: 1. Prior to recording the Vacation, the owner shall provide the City with an access easement from 3rdSt NW to the portion of 2ndAve NW retained by the City as ROW. 2. Prior to recording the Vacation, the owner shall provide an access easement for the Civic Center Hotel’s loading and trash pick up. 3. Prior to recording the Vacation, the owner shall enter into a maintenance agreement with the City for snow removal on the portion of 2ndAve NW, retained by the City. 2 4. A water main utility easement is required for the existing water main and hydrant within 2nd Avenue ROW. Dedication of this easement is required prior to recording this vacation, to the satisfaction of RPU-Water. 5. RPU Electric has an underground feed to the transformer serving the Mayo Clinic property through the alley proposed for vacation. The RPU feed to property transformer must remain in place until the building on the property is demolished and the transformer can be removed from service. 6. The petitioner is responsible for the relocation of the CenturyLink facilities in the alley vacation area. 7. The existing fiber optic facilities will remain within a public utility easement, to the satisfaction of Charter Communications. A 20ft utility easement shall be provided on the east side of 2nd Avenue, to the satisfaction of Charter Communications. 8. Execution of the City’s prepared Temporary Sanitary Sewer Easement and Temporary Water main Easement that will remain in place until such time as the existing public utilities are relocated and/or abandoned as part of the owner’s future redevelopment plans. Dedication of these temporary easements is required prior to recording the vacation, to the satisfaction of Rochester Public Works. 3 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) 4