HomeMy WebLinkAboutResolution No. 237-23 - Resolution - Valleyhigh Villas CD2023-006VAC
RESOLUTION
Approving Vacation Petition No. CD2023-006VAC by Valleyhigh Villas Limited
Partnership for vacation of a utility easement located on Lot 1, Block 1 Valleyhigh
Flats Second.
WHEREAS Valleyhigh Villas Limited Partnership 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 November 20,
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.
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 20.00-foot-wide utility easement vacation, over, under and across that part
VALLEYHIGH FLATS SECOND, according to the plat thereof on file at the County
Recorder's Office, Olmsted County, Minnesota. The centerline of said 20.00-foot-wide
utility easement to be vacated is described as follows:
Commencing at the southwest corner of Lot 1, Block 1 of said VALLEYHIGH FLATS
SECOND; thence North 03 degrees 45 minutes 40 seconds West (Note: All Bearings
are in relationship with the Olmsted County Coordinate System NAD '83, Adjusted
1996), along the west line of said Lot 1, a distance of 24.78; thence North 86 degrees
14 minutes 20 seconds East, 10.00 feet to the POINT OF BEGINNING of the centerline
of said 20.00-foot-wide utility easement vacation; thence continue North 86 degrees 14
minutes 20 seconds East, 89.37 feet; thence South 06 degrees 14 minutes 12 seconds
East, 39.81 feet and there terminating.
The sidelines of said 20.00-foot-wide utility easement to be vacated are to be prolonged
or shortened to end on a line that bears South 86 degrees 14 minutes 16 seconds West
and North 86 degrees 14 minutes 16 seconds East of the point of terminus.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2023-
006VAC.
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)