HomeMy WebLinkAboutResolution No. 093-22 - Resolution - Easement Vacation No. CD2022-001VAC - Maine Street Development
RESOLUTION
Approving the Vacation of an existing 5-foot wide utility easement across Lots 1- 4,
Block 5 and across Outlot “H”, as established by the Broadway Business Center
First Addition.
WHEREAS, The City of Rochester, initiated a request to vacate an existing 5-foot wide
utility easement across Lots 1-4, Block 5 and across Outlot “H”, as established by the
Broadway Business Center First Addition; 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 7:00 p.m. on April 18, 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 7:00 p.m. on April 18, 2022; and
WHEREAS, the Common Council convened on April 18, 2022; 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,
Minnesota, that the easement described in the utility easement legal description as
follows is hereby vacated and abandoned:
All that part of the existing 5.00 foot utility easement (depicted as “Ex. 5’
U.E.”) across Lots 1-4, Block 5 and across Outlot “H”, all in MAINE
STREET DEVELOPMENT, according to the plat thereof on file and of
record at the County Recorder’s office, Olmsted County, Minnesota.
ALSO being the 5.00 foot utility easement over the southerly 5.00 feet of
Lots 1-6, Block 2, SOUTH BROADWAY BUSINESS CENTER FIRST
ADDITION, according to the plat thereof on file and of record at the County
Recorder’s Office, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that the Common Council approves Vacation Application
No. CD2022-001 VAC requested by The City of Rochester.
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)