HomeMy WebLinkAboutResolution No. 205-23 - Resolution - Lucas CD2023-005VAC
RESOLUTION
Approving Vacation Petition No. CD2023-005VAC by Anthony Lucas for vacation of a
utility easement located on Lot 3, Block 2 North Star Business Park.
WHEREAS Anthony Lucas 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 October 16, 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
Part of a 32.00 foot wide utility easement over, under and across Lot 3, Block 2, NORTH
STAR BUSINESS PARK, according to the plat thereof on file at the County Recorder’s
Office, Olmsted County, Minnesota, said part lying 22.00 feet to the right and 10.00 feet
to the left of the following described alignment line:
Commencing at the southwest corner of said Lot 3; thence on an assumed bearing of
North 01 degree 48 minutes 53 seconds West along the west line of said Lot 3, a distance
of 69.00 feet to the point of beginning of the alignment line; thence North 88 degrees 11
minutes 07 seconds East, a distance of 145.16 feet to the westerly line of a 20.00 foot
wide utility easement recorded in Document Number 744300 and said alignment line
there terminating.
The sidelines of said vacated easement shall be shortened or lengthened to terminate at
the westerly line of said 20.00 foot wide utility easement.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2023-
005VAC.
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)