HomeMy WebLinkAboutResolution No. 190-24 - Resolution - CD2024-005VAC - Juniper Lane Vacation
RESOLUTION
Approving Vacation Petition No. CD2024-005VAC by Humayoun Akhter for Vacation
of a Utility Easement Located At 1728 Juniper Ln. SW.
WHEREAS, Humayoun Akhter 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 September 23, 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
That part of Lot 36, Block 3, BAMBER RIDGE FOURTH SUBDIVISION, according to the
plat thereof on file at the County Recorder’s Office, Olmsted County, Minnesota,
described as follows:
Commencing at the northwest corner of said Lot 36; thence on an assumed bearing of
South 25 degrees 53 minutes 24 seconds West along the northwest line of said Lot 36 a
distance of 6.53 feet; thence South 64 degrees 06 minutes 36 seconds East 10.00 feet
to the sideline of a 20.00 feet wide utility easement as created by said BAMBER RIDGE
FOURTH SUBDIVISION and point of beginning; thence South 25 degrees 53 minutes 24
seconds West along said sideline a distance of 72.59 feet; thence North 64 degrees 06
minutes 36 seconds West 3.24 feet; thence North 23 degrees 16 minutes 51 seconds
East 58.23 feet; thence North 48 degrees 07 minutes 49 seconds East 15.58 feet to the
point of beginning.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024-
005VAC.
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)