HomeMy WebLinkAboutResolution No. 301-25 - Resolution - CD2025-009VAC - Kramer Properties Vacation
RESOLUTION
Approving Vacation Petition No. CD2025-009VAC by Kramer Properties, LLC, for
Vacation of 2 Utility Easements Located at 3820 Broadway Ave N.
WHEREAS Kramer Properties, LLC requests that the city vacate two existing public 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 December 8, 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 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
AS DULY RECORDED AS DOCUMENT NUMBER A-1113370:
That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township
107 North, Range 14 West, described as a strip of land 20.00 feet in width lying 10.00
feet either side of, parallel with, adjacent to and contiguous to the following described
centerline.
Commencing at the southwest corner of Lot 3, Block 4, VIKING HILLS FIRST according
to the recorded plat thereof on file and of record in the office of the Olmsted County
Recorder; thence on an assumed bearing of South 66°00’36” East a distance of 400.38
feet to the southeast corner of said Lot 3; thence South 85°42’26” West a distance of
279.78 feet to the point of beginning; thence South 26°45’00” West a distance of 16.00
feet; thence North 63°15’00” West a distance of 56.81 feet; thence North 60°10’19”
West a distance of 47.91 feet to the easterly right of way of Trunk Highway No.63 and
they're terminating.
The westerly end of said easement shall be prolonged or shortened to terminate on the
easterly right of way of said Trunk Highway No.63.
AND ALSO
AS DULY RECORDED AS DOCUMENT NUMBER A-112813:
That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township
107 North, Range 14 West, described as a strip of land 10.00 feet in width lying 5.00
feet either side of, parallel with, adjacent to and contiguous to the following described
centerline:
Commencing at the southeast corner of Lot 3, Block 4, VIKING HILLS FIRST according
to the recorded plat thereof on file and of record in the office of the Olmsted County
Recorder; thence on an assumed bearing of North 66 degrees 00 minutes 36 seconds
West a distance of 400.38 feet to the southwest corner of said Lot 3; thence South 10
degrees 48 minutes 39 seconds West a distance of 79.44 feet to the point of beginning;
thence South 26 degrees 54 minutes 11 seconds East a distance of 31.41 feet; thence
South 52 degrees 33 minutes 45 seconds East a distance of 138.40 feet; thence South
58 degrees 54 minutes 51 seconds East a distance of 101.59 feet and there
terminating.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2025-
009VAC.
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)