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HomeMy WebLinkAboutResolution No. 100-25 - Resolution - CD2025-004VAC Chick-fil-A Inc RESOLUTION Approving Vacation Petition No. CD2025-004VAC by Chick-fil-A, Inc, for Vacation of th a Utility Easement and Watermain Easement Located At 300 17 Avenue NW. WHEREAS Chick-fil-A, Inc requests that the city vacate an existing public utility easement and existing watermain 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 5, 2025; 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 easements; and WHEREAS the specific areas in which are to be vacated are provided by the following legal description and as depicted by the Maps attached to this resolution. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the easements described as follows is hereby vacated and abandoned. AREA OF EASEMENT RELEASE That part of the dedicated 10.00 feet wide utility easement being part of the south 227.00 feet of the north 262.00 feet of Block 3, ROCHESTER SHOPPING CENTER SUBDIVISION, Rochester, Minnesota. The Centerline of said 10.00 foot Utility Easement to be vacated being described as follows: Commencing at the southwest corner of said south 227.00 feet of the north 262.00 feet of Block 3; thence East, assumed bearing, along the south line thereof, 267.37 feet for the point of beginning of the centerline to be described; thence North, 16.48 feet; thence North 40 degrees 41 minutes 30 seconds East, 122.47 feet to the east line of said Block 3 and there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on the south and east lines of said south 227.00 feet of the north 262.00 feet. AND That part of the dedicated 15.00 feet wide Watermain Easement being part of the North 262.00 feet of Block 3, ROCHESTER SHOPPING CENTER SUBDIVISION, Rochester, Minnesota. The centerline of said 15.00 foot Watermain Easement to be vacated is described as follows: Commencing at the northeast corner of said Block 3; thence South 00 degrees and 20 minutes 14 seconds East, assumed bearing, along the east line of said Block 3, a distance of 50.00 feet for the point of beginning of the line to be described; thence West, parallel with said north line, 95.00 feet to a point hereinafter referred to as Point “A”; thence continue West, 140.50 feet to a point hereinafter referred to as Point “B”; thence continue West, 103.40 feet; thence South 00 degrees 03 minutes 19 seconds West, 212.00 feet to the south line of the north 262.00 feet of said Block 3 and there terminating. ALSO: Beginning at the above mentioned Pont “A”; thence North, 50.00 feet and there terminating. ALSO: Beginning at the above mentioned Point “B”; thence South 54.00 feet and there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on the north, south and east lines of said south 227.00 feet of the north262.00 feet. BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2025- 004VAC. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2025. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2025. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota)