HomeMy WebLinkAboutResolution No. 049-23 - Resolution - Vacation Petition No. CD2023-001VAC by Richard and Amber Sell
RESOLUTION
Approving Vacation Petition No. CD2023-001VAC by Richard and Amber Sell for the
Vacation of a 10-feet From an Existing 30-foot Utility Easement Located at 951 West
Village Circle SE, Lot 12, Block 1 Campus Village Third.
WHEREAS, Richard and Amber Sell request that the city vacate a portion of an existing
public utility easement; and
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, “the
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
“no vacation shall be made unless the Common Council finds that to do so is in the public
interest”; and
WHEREAS, Rochester Community Development gave notice in the manner prescribed
by the Charter of the City of Rochester that this petition was heard February 8, 2023; and
WHEREAS, Rochester Community Development 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 on March 6, 2023; 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; and
WHEREAS, the specific areas in which are to be vacated are provided by the following
legal description and as depicted by the Map attached to this resolution.
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:
AREA OF EASEMENT RELEASE
That part of Lot 12, Block 1, CAMPUS VILLAGE SUBDIVISION III, according to the plat
thereof on file at the County Recorder’s Office, Olmsted County, Minnesota, described as
follows:
Commencing at the northeast corner of said Lot 12; thence on an assumed
bearing of South 89 degrees 31 minutes 33 seconds West along the north
line of said Lot 12 a distance of 63.77 feet to the east line of a 30.00 feet
wide utility easement as created by CAMPUSTOWN SUBDIVISION,
according to the plat thereof on file at said County Recorder’s Office; thence
South 00 degrees 31 minutes 28 seconds East along said east line a
distance of 12.86 feet to the point of beginning; thence continue South 00
degrees 31 minutes 28 seconds East along said east line a distance of
60.86 feet to the southeast line of said Lot 12; thence South 63 degrees 26
minutes 45 seconds West along said southeast line a distance of 11.13 feet;
thence North 00 degrees 31 minutes 28 seconds West 65.75 feet; thence
North 89 degrees 28 minutes 32 seconds East 10.00 feet to the point of
beginning.
BE IT FURTHER RESOLVED that the City approves Vacation Application No. CD2023-
001VAC.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)