HomeMy WebLinkAboutResolution No. 092-23 - Resolution - Vacation Petition No. CD2023-003VAC by Enclave
RESOLUTION
Approving Vacation Petition No. CD2023-003VAC by Enclave to vacate a portion of
the right-of-way easement for 1st Ave SW and a portion of an easement located on
Lots 1 and 2, Block 107, Willson’s Addition to Rochester.
WHEREAS, Enclave requests that the city vacate a portion of right-of-way easement for
1st Ave SW and a portion of an easement located on Lots 1 and 2, Block 107, Willson’s
Addition ; 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 May 1, 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 May 1, 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:
AREAS OF EASEMENT RELEASE
That part of 1st Avenue Southwest, WILLSON’S ADDITION TO ROCHESTER,
according to the recorded plat thereof on file in the Olmsted County, Minnesota,
Recorder’s Office, which lies 10.00 feet easterly of the following described line;
Beginning at the point on the west line of said 1st Avenue Southwest that is 247.50 feet
southerly of the intersection of said west line of 1st Avenue Southwest and the south
th
line of 6 Street Southwest; thence South 00 degrees 18 minutes 12 seconds East
th
526.77 feet southerly of the intersection with the centerline of vacated 8 Street
Southwest and said line there terminating.
Subject to easement, reservations or restrictions of record, if any;
And
The north 30 feet of the following described tract: Beginning at a point on the west line
of 1st Avenue Southwest, Rochester, Minnesota, 247.5 feet South of the intersection of
th
said west line of 1st Avenue Southwest, with south line of 6 Street Southwest, thence
south along said west line or an extension thereof 120 feet, thence west parallel with
th
south line of said 6 Street Southwest 130 feet, thence running north parallel with west
th
line of 1st Avenue Southwest 120 feet, running thence east parallel with south line of 6
Street Southwest 130 feet to beginning; said land being the same as the south 16.5 feet
of Lot 2, and the north 13.5 feet of Lot 1, all in Block 107 of Willson’s Addition in the City
of Rochester, County of Olmsted, State of Minnesota.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2023-
003VAC.
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)