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Home My WebLink AboutResolution No. 200-21 - Resolution - Easement Vacation No. CD2021-006VAC Rochester Public Schools RESOLUTION Approving the vacation of a portion of an existing 20-foot wide utility easement and a 10-foot wide utility easement on the west side of the property, as established by the Century High School Final Plat. WHEREAS, Rochester School District, initiated a request to vacate a portion of an existing 20-foot wide utility easement and a 10-foot wide utility easement on the west side of the property, as established by the Century High School Final Plat; 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 September 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 September 20, 2021; and WHEREAS, the Common Council convened on September 20, 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 easement described as follows is hereby vacated and abandoned: That part of the dedicated utility easement over, under and across that part of Lot 1, Block 1, CENTURY HIGH SCHOOL, Olmsted County, Minnesota, described as follows: Commencing at the northeast corner of Outlot B, STONEHEDGE TOWNHOMES FOURTH COMMON INTEREST COMMUNITY NUMBER 291 FIRST SUPPLEMENTAL, said Olmsted County; thence South 89 degrees 44 minutes 35 seconds East, assumed bearing along the north line of said Lot 1, a distance of 477.30 feet; thence South 00 degrees 00 minutes 00 seconds East, 729.07 feet; thence South 00 degrees 00 seconds 00 minutes East, 43.56 feet; thence North 90 degrees 00 minutes 00 seconds East, 21.99 feet to the point of beginning; thence North 68 degrees 51 minutes 43 seconds East, 28.03 feet; thence North 45 degrees 44 minutes 57 seconds East, 32.52 feet; thence North 89 degrees 30 minutes 42 seconds East, 430.56 feet; thence South 00 degrees 45 minutes 41 seconds West, 9.04 feet; thence South 89 degrees 14 minutes 19 seconds East, 12.00 feet; thence North 00 degrees 45 minutes 41 seconds East 19.30 feet; thence South 89 degrees 30 minutes 42 seconds West, 432.34 feet; thence North 45 degrees 44 minutes 57 seconds East, 23.63 feet; thence South 44 degrees 15 minutes 03 seconds East, 23.39 feet; thence North 45 degrees 44 minutes 57 seconds East, 20.00 feet; thence North 44 degrees 15 minutes 03 seconds West, 23.39 feet; thence North 45 degrees 44 minutes 57 seconds East, 23.83 feet; thence North 70 degrees 09 minutes 30 seconds East, 81.48 feet; thence North 77 degrees 43 minutes 29 seconds West, 37.62 feet; thence South 70 degrees 09 minutes 30 seconds West, 52.74 feet; thence South 45 degrees 44 minutes 57 seconds West, 92.67 feet; thence South 89 degrees 30 minutes 42 seconds West, 30.31 feet; thence South 00 degrees 13 minutes 27 seconds West, 10.00 feet; thence North 89 degrees 30 minutes 42 seconds East, 19.99 feet; thence South 45 degrees 44 minutes 57 seconds West, 7.54 feet; thence South 68 degrees 51 minutes 43 seconds West, 15.83 feet; thence South 00 degrees 56 minutes 12 seconds West, 21.58 feet to the point of beginning. BE IT FURTHER RESOLVED that the City approve Vacation Application #CD2020-006 VAC requested by Rochester School District, subject to the following conditions: 1. Prior to recording the subject utility easement vacation, the new utility easement must first be recorded. 2. Prior to recording the subject vacation, the applicant shall complete the relocation of the new water main line into the new utility easement. 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)