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HomeMy WebLinkAboutResolution No. 136-24 - Resolution - CD2024-003VAC Ponderosa Pine RESOLUTION Approving Vacation Petition No. CD2024-003VAC by Pine South West LLC for the vacation of a utility easement associated with the public right-of-way and easements of the Pine Ridge Heights Subdivision. WHEREAS Pine South West LLC requests that the City vacate an existing public right- of-way and utility easements; 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 15, 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 14TH AVENUE SW TO BE VACATED All of platted 14th Avenue SW, in the city of Rochester, Minnesota, lying southeasterly of the southeast right-of-way line of Ponderosa Place SW, all in PINE RIDGE HEIGHTS SUBDIVISION according to the plat thereof on file and of record in the County Recorder's Office, Olmsted County, Minnesota. DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The easterly 10.00 feet of Lot 2, Block 2, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. TOGETHER WITH the westerly 10.00 feet of Lot 3, Block 2, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. TOGETHER WITH the easterly 10.00 feet of Lot 1, Block 3, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota, EXCEPT that part lying south of a line 10.00 feet north of and parallel with the northerly right-of-way of Monterey Street SW. TOGETHER WITH the westerly 10.00 feet of Lot 2, Block 3, PINE RIDGE HEIGHTS SUBDIVISION. according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota, EXCEPT that part lying south of a line 10.00 feet north of and parallel with the northerly right-of-way of Monterey Street SW. TOGETHER WITH the southwesterly 10.00 feet of Lot 1, Block 2, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota, EXCEPT that part lying northwesterly of a line 10.00 feet southeasterly of the southeasterly right-of-way line of PONDEROSA PLACE SW. TOGETHER WITH the southerly 10.00 feet of Lots 2 and 3, Block 2, PINE RIDGE HEIGHTS SUBDIVISION According to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. TOGETHER WITH the southwesterly 10.00 feet of Lots 4 and 5, Block 2, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. TOGETHER WITH the westerly 10.00 feet of Lots 6 and 7, Block 2, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorders Office, Olmsted County, Minnesota. TOGETHER WITH the northeasterly 10.00 feet of Lots 1, 4, and 7, Block 3, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. TOGETHER WITH the northerly 10.00 feet of Lots 2 and 3, Block 3, PINE RIDGE HEIGHTS SUBDIVISION According to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. TOGETHER WITH the easterly 10.00 feet of Lots 5, 6, and 8, Block 3, PINE RIDGE HEIGHTS SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, Olmsted County, Minnesota. BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024- 003VAC. 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)