HomeMy WebLinkAboutResolution No. 092-24 - Resolution - CD2024-002VAC Christ Community Church
RESOLUTION
Approving Vacation Petition No. CD2024-002VAC by Christ Community Church for
vacation of a utility easement located on part of the north half of Section 17, Township
107, Range 14.
WHEREAS Christ Community Church requests that the city vacate 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 May 6, 2024; 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
The entirety of that certain 20.00 foot wide public utility easement recorded in Olmsted
County records on December 19, 2003 as Document Number 1005105, and lying in the
North Half of Section 17, Township 107 North, Range 14 West, Olmsted County,
Minnesota, the center line of said vacated portion described as follows:
Commencing at the north quarter corner of said Section 17; thence east along the north
line of said Section 17 on an assumed bearing, North 90 degrees 00 minutes 00
seconds East, 13.44 feet; thence South 02 degrees 48 minutes 21 seconds East 26.60
feet to the POINT OF BEGINNING; thence South 02 degrees 48 minutes 21 seconds
West, 105.37 feet; thence South 87 degrees 11 minutes 39 seconds East, 4.50 feet;
thence South 42 degrees 11 minutes 39 seconds East, 20.66 feet; thence South 02
degrees 48 minutes 21 seconds West, 25.09 feet and said center line there terminating.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024-
002VAC.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2024.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)