HomeMy WebLinkAboutResolution No. 223-12 •
RESOLUTION NO.
WHEREAS, Rochester VOA Elderly Housing, Inc., initiated a proceeding to vacate a
portion of the utility easement on Outlot B and Lot 3, Block 2, The Homestead to allow for a
building expansion. A new utility easement will be granted. The property is located at 1800 High
erointe Lane N.W., 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, j
WHEREAS, the City Clerk 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 May 7, 2012; and
WHEREAS, the City Clerk filed the petition in her 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 May 7, 2012; and
WHEREAS, the Common Council convened on May 7, 2012, investigated and
Oonsidered the matter of the vacation of the utility 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, the recommendation of the Planning and Zoning Commission, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interests of the City of Rochester, its inhabitants and all other members of the public to
vacate the utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the utility easement described as follows is hereby vacated and abandoned:
That part of Outlot B, THE HOMESTEAD, Rochester, Minnesota, described as
follows:
Commencing at the northwest corner of Lot 3, Block 2, THE HOMESTEAD; thence
South 00 degrees 59 minutes 38 seconds East, assumed bearing, along the west
line of said Lot 3, a distance of 98.29 feet for the point of beginning (the next two
calls will be along the west line of said Lot 3); thence continue South 00 degrees
59 minutes 38 seconds East, 49.77 feet; thence South 41 degrees 33 minutes 02
seconds West, 17.75 feet; thence North 00 degrees 59 minutes 38 seconds West,
62.85 feet; thence North 89 degrees 00 minutes 22 seconds East, 12.00 feet to
the point of beginning.
ALSO:
• That part of Lot 3, Block 2, THE HOMESTEAD, Rochester, Minnesota, described
as follows:
Commencing at the northwest corner of said Lot 3; thence South 00 degrees 59
minutes 38 seconds East, assumed bearing, along the west line of said Lot 3, a
distance of 98.29 feet for the point of beginning; thence continue South 00
degrees 59 minutes 38 seconds East, along said west line, 34.72 feet; thence
North 89 degrees 00 minutes 22 seconds East, 31.91 feet; thence North 00
degrees 59 minutes 38 seconds West, 20.00 feet; thence South 89 degrees 00
minutes 22 seconds West, 23.91 feet; thence North 00 degrees 59 minutes 38
seconds West, 14.72 feet; thence South 89 degrees 00 minutes 22 seconds West,
8.00 feet to the point of beginning.
BE IT FURTHER RESOLVED that this resolution is subject to the following two
conditions:
1. The applicant must dedicate and record a utility easement for the
watermain. The new easement shall be recorded within 90 days
from the date of City Council approval of this vacation. Failure to
record the new easement within 90 days will void the resolution for
the easement vacation approval.
2. The vacation resolution must not be recorded until such time as the
applicant dedicates and records the new easement for the relocated
watermain.
2
• 3. The applicant is responsible for all costs associated with the
relocation of facilities within the easement to be vacated.
PASSED AND ADOPTED BY THE COMMONt COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS `1�Y1 D OP , 2012.
PRESIDENT OF SAID COMMON COUNCIL
J/ ram�,,,, �
ATTEST: c 'A: DLLI'- y
°u'uTYCITY CLEMKJ V
APPROVED THIS DAY OF /Y� , 2012.
MAYOR OF SAID CITY
*(Seal of the City of
Rochester, Minnesota)
Zone101VacateTasement.1205
•
3
EASEMENT EXHIBIT
EASEMENT DESCRIPTIONS: N
SEE ATTACHED
SCALE: 1"=20'
NORTH LINE
OUTLOT C
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NW CORNER
LOT 3, BLOCK 2
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WEST LINE
LOT 3, BLOCK 2 Z
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IS
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12 -�I EXISTING 20'
I~ UTILITY EASEMENT I Q
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r PROPOSED �ow
N89'00'22°E 1.91
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w\°. VACATION
In �\\ I N89'00'22E 31.91
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L.ndS.nrerinp I ceo�«Nni�,i CLIENT: VOLUNTEERS OF AMERICA
Enpinesrinp
PARTS OF OUTLOT B AND LOT 3, BLOCK 2 um°""Le O c-- ionMe.. NATIONAL SERVICES
Pmnrwv T.Onp
THE HOMESTEAD co,,.euigq-c Mi �.nd.r p.
.'n..m,p Im 11 e.. SCALE: 1"=20' DRAWN BY: JJR
ROCHESTER, MINNESOTA DATE : 04/20/12 DWG:
1640 Thud Avenue S.E.
RONesler,MN 55901 v
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