HomeMy WebLinkAboutResolution No. 233-24 - CD2024-008VAC - Vacation of Right of Way - Mayo Clinic
RESOLUTION
Approving Vacation Petition No. CD2024-008VAC by Mayo Clinic to vacate eight
public easements generally situated south of Second Street NW and north of
Second Street SW.
WHEREAS, Mayo Clinic requests that the city vacate eight existing public 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 November 18, 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 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 public easements described as follows are hereby vacated and abandoned:
DESCRIPTION OF AREA OF EASEMENT RELEASE
(per Doc. No. A-1024821)
A permanent right-of-way easement for ingress and egress purposes, over and across
that part of Lot 5, Block 26, of the Original Plat to the City of Rochester, according to the
plat thereof on file at the County Recorder's office, Olmsted County, Minnesota, described
as follows:
Beginning at the southwest corner of said Lot 5; thence easterly on a Minnesota State
Plane Grid Azimuth of 88 degrees 54 minutes 15 seconds along the south line of said Lot
5, a distance of 7.00 feet; thence northerly 358 degrees 29 minutes 41 seconds azimuth
3.59 feet; thence northwesterly 327 degrees 35 minutes 54 seconds azimuth 13.41 feet
to the west line of said Lot 5; thence southerly 178 degrees 55 minutes 20 seconds
azimuth along said west line 15.04 feet to the point of beginning.
And
(per Book U-4, Page 951)
A 10.00 foot easement for public utility purposes over, under and across Lot 5, Block 26,
Original Plat of Rochester, Minnesota, the centerline being described as follows: The
easement being five feet (5') on either side of the centerline hereafter described:
Commencing at the southwest corner of said Lot 5; thence East, assumed bearing, along
the south line of said Lot 5, a distance of 95.50 feet for the point of beginning of the
centerline to be described; thence North, 10.00 feet and there terminating.
And
A 5.00 foot wide easement over, under and across the East 5.00 feet of the South 20.00
feet of the following described property:
Lots 1 and 2, Block 41, Original Plat of the City of Rochester, Except the West 20 feet
thereof.
And
(Per Book D-5, Page 209)
An easement for public utility purposes over the westerly 11.50 feet of vacated 5th Avenue
Southwest (originally platted in William McCullough's Addition to Rochester as Court
Street) lying south of the south right of way line of First Street Southwest (originally platted
as Fourth Street) and north of the north right of way line of Second Street Southwest
(originally platted as Zumbro Street), as said streets were platted in the plat of William
McCullough's Addition to Rochester.
And
(Per Book I-5, Page 179)
A 10 foot wide easement, 5 feet on each side of the following described centerline:
Commencing at the northwest corner of the Courthouse Park Block in Wm McCullough's
Addition to the City of Rochester; thence east along the north line of said Block for a
distance of 296.0 feet to the point of beginning of the centerline to be described; thence
south at right angles for a distance of 57.5 feet to the north face of the Courthouse building
and there terminating.
And
A 10 foot wide easement, 5 feet on each side of the following described centerline:
Commencing at the northwest corner of the Courthouse Park Block in Wm McCullough's
Addition to the City of Rochester; thence east along the north line of said Block for a
distance of 200.0 feet to the point of beginning of the centerline to be described; thence
south at right angles for a distance of 16.5 feet and there terminating.
And
(Per Book T-4, Page 392)
A 10 foot wide easement for electrical purposes, 5 feet on each side of the following
described centerline:
Commencing at the Northeast corner of the COURT HOUSE PARK Block in Wm.
McCullough's Addition to the City of Rochester; thence South 89 degrees 21 minutes 51
seconds West (for the purposes of this description the bearing of the north line of the said
Block is assumed to be South 89 degrees 21 minutes 51 seconds West) along the north
line of said block for a distance of 169.82 feet to the POINT OF BEGINNING of said
easement; thence South 42 degrees 39 minutes 37 seconds West for a distance of 34.46
feet; thence South 89 degrees 05 minutes 01 seconds West for a distance of 47.89 feet;
thence North 00 degrees 23 minutes 02 seconds West for a distance of 15.00 feet and
there terminating.
And
(per Book W-4, Page 234)
A 10.00 foot utility easement over, under and across a part of Block 10, McCullough's
Addition, City of Rochester, Olmsted County, Minnesota. The centerline of said easement
being described as follows:
Commencing at the southwest corner of Block 10, McCullough's Addition to the City of
Rochester, thence northerly along west line of said Block, 23.00 feet for a point of
beginning. Thence southeasterly 120.00 feet to a point which is 19.00 feet north of the
south line of said Block and there terminating.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024-
008VAC with the following conditions:
1. Prior to Recordation of the Vacation Resolution, the applicant shall record
easements as described in the RPU-Water review dated 10/08/2024
2. Prior to Recordation of the Vacation Resolution, the applicant shall record
easements as described in the RPU-Electric review dated 10/11/2024
3. Prior to Recordation of the Vacation Resolution, the applicant shall dedicate a
temporary utility and drainage easement to the City, over the same easement area
described in Document No. 568537.
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)