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HomeMy WebLinkAboutResolution No. 254-21 - Resolution - Vacation of a Portion of the Sanitary Sewer Easement Cassidy Ridge Fourth Development RESOLUTION Approving the Vacation of a Portion of the Sanitary Sewer Easement and a Portion of the Temporary Drainage Easement as part of the Cassidy Ridge Fourth Development, Located East of Stone Point Dr NE and South of 22nd Ave NE. WHEREAS, Bunne Land Development, LLC, initiated a request to vacate a portion of an existing drainage easement and a portion of an existing utility easement. 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 6:15 pm on November 15, 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 6:15 pm on November 15, 2021; and WHEREAS, the Common Council convened on November 15, 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: DRAINAGE EASEMENT VACATION Vacation of all that portion of those temporary drainage easements described in those certain Easement documents, dated June 24, 2013 and recorded in Olmsted public records as Document Numbers A-1324542 and A-1324544, over, under and across a part of the South Half of the Southwest Quarter of Section 18, Township 107 North, Range 13 West, Olmsted County, Minnesota, the vacated portion of said temporary drainage easements lie northerly of the following described line: Commencing at the southwest corner of said Southwest Quarter; thence South 89 degrees 53 minutes 52 seconds East, assumed bearing, along the south line of said Southwest Quarter 856.50 feet to the east line of CASSIDY RIDGE SECOND, according to the plat thereof on file and of record in the office of the County Recorder, Olmsted County, Minnesota; thence North 22 degrees 54 minutes 50 seconds East along said east line 165.37 feet to the point of beginning; thence North 83 degrees 40 minutes 44 seconds East 626.52 feet and said line there terminating. UTILITY EASEMENT VACATION Vacation of all that portion of those public utility easements described in those certain Utility Easement documents, each dated June 24, 2013, and recorded in Olmsted public records as Document Numbers A-1324543 and A-1324545, over, under and across a part of the South Half of the Southwest Quarter of Section 18, Township 107 North, Range 13 West, Olmsted County, Minnesota, the centerline of the vacated portion of said public utility easement is described as follows: Commencing at the southwest corner of said Southwest Quarter; thence easterly on a Minnesota State Plane Grid Azimuth from north of 89 degrees 20 minutes 28 seconds along the south line of said Southwest Quarter 1152.48 feet; thence northeasterly 54 degrees 53 minutes 21 seconds azimuth 169.74 feet to the point of beginning of said vacation of a 31.00 foot wide public utility easement, said center line running thence northeasterly 54 degrees 53 minutes 21 seconds azimuth 21.20 feet to the point of termination of said center line and also the point of beginning of the center line of a 20.00 foot wide public utility easement; the center line of said easement running thence northwesterly 312 degrees 40 minutes 37 seconds azimuth 144.18 feet; thence northeasterly 34 degrees 42 minutes 46 seconds azimuth 139.05 feet; thence northerly 04 degrees 14 minutes 02 seconds azimuth 43.50 feet; thence northwesterly 333 degrees 45 minutes 19 seconds azimuth 317.24 feet; thence northerly 358 degrees 31 minutes 00 seconds azimuth 269.18 feet; thence northeasterly 23 degrees 02 minutes 11 seconds azimuth 80.07 feet; thence northeasterly 47 degrees 33 minutes 22 seconds azimuth 228.70 feet; thence northeasterly 23 degrees 21 minutes 54 seconds azimuth 77.76 feet; thence northerly 359 degrees 10 minutes 25 seconds azimuth 97.12 feet to the south line of WEIH SUBDIVISION, according to the plat thereof on file at the County Recorder’s office, Olmsted County, Minnesota, and said center line of vacation there terminating. BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2021- 008VAC requested by Bunne Land Development, LLC, subject to the conditions of approval shown below: 1. Prior to recording this easement vacation, the public sanitary sewer main located in the utility easement being vacated will need to be relocated. 2. Prior to recording the easement vacation, the owner shall dedicate a sanitary sewer/utility easement for the portion of the relocated sanitary sewer main that will not be located in the proposed public right of way of Cassidy Ridge Drive NE, to the satisfaction of Rochester Public Works. 3. Final Plat CD2021-029PLAT shall be recorded prior to recording the Easement Vacation. 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)