HomeMy WebLinkAboutResolution No. 146-23 - Resolution - Utility Easement Vacation No. CD2023-004VAC by Tarpon Springs
RESOLUTION
Approving Vacation Petition No. CD2023-003VAC by Tarpon Springs for vacation of
a utility easement located on Lot 2, Block 1 Witter Subdivision. The parcel is located
at 2620 Broadway Ave N.
WHEREAS Keith Witter requests 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 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 July 10, 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
A 5-foot utility easement over, under and across that part of Lot 2, Block 1, WITTER
SUBDIVISION, according to the plat thereof on file at the County Recorder's Office,
Olmsted County, Minnesota first defined on the WILMAR SUBDIVISION lying to the east
and north of the following described line:
Commencing at the southeast corner of Lot 2, Block 1, WITTER SUBDIVISION,
according to the plat thereof on file at the County Recorder's Office, Olmsted County,
Minnesota; thence North 81 degrees 48 minutes 39 seconds West (NOTE: All bearings
are in relationship with the Olmsted County Coordinate System NAD '83, Adjusted 1996),
along the south line of said Lot 2, a distance of 186.39 feet to the POINT OF BEGINNING
of said line; thence North 08 degrees 11 minutes 21 seconds East, 125.00 feet; thence
North 81 degrees 48 minutes 39 seconds West, 127.40 feet to the west line of said Lot 2
and said line there terminating.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2023-
004VAC.
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)