HomeMy WebLinkAboutResolution No. 012-22 - Resolution - Easement Vacation No. CD2021-009VAC by JVNS LLC to be known as Technology Park Apartments
RESOLUTION
Approving the Vacation of a Portion of the 30-Foot Drainage Easement Running
North South Through Lots 1-4, Block 2, Commerce Park, and Located North of
Technology Park Dr NW, East on Commerce Dr NW.
WHEREAS, Nathan Stencil, 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 Jan. 3, 2022; 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 Jan. 3, 2022; and
WHEREAS, the Common Council convened on Jan. 3, 2022 and 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
Easterly 15 feet of Lots 2, 3, and 4, Block 2, COMMERCE PARK, Olmsted
County, MN, running parallel with east property line thereof, and the Westerly 15
feet of Lot 1, Block 2, COMMERCE PARK, Olmsted County, MN, running parallel
with west property line thereof.
BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2021-
009VAC requested by JVNS, LLC, subject to the condition of approval shown below:
1. The first 10ft of the easement abutting Technology Dr NW shall remain in
place for dry utility use.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2022.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)