HomeMy WebLinkAboutResolution No. 201-26 - Resolution - CD2026-007VAC - Seneca Foods Easement Vacation
RESOLUTION
Approving Vacation Petition No. CD2026-007VAC by Seneca Foods Corp. for the
Vacation of a Utility Easement Located at 308 20thSt SE.
WHEREAS, Seneca Foods Corp. request 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 October 19, 2026; 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
A 20.00 foot water main easement over, under, and across that part of the
Northeast Quarter of Section 14, and that part of the Northwest Quarter of Section
13, Township 106 North, Range 14 West, in Olmsted County, Minnesota, the
centerline of said easement described as follows:
Commencing at the northeast corner of said Northeast Quarter; thence
southwesterly on a Minnesota State Plane Grid Azimuth from north 208 degrees
52 minutes 03 seconds along the centerline of 3rd Avenue Southeast 429.82 feet;
thence southeasterly 118 degrees 52 minutes 03 seconds azimuth 33.00 feet to
the southeasterly right-of-way line of said 3rd Avenue Southeast and the point of
beginning; thence southerly 171 degrees 47 minutes 39 seconds azimuth 19.96
feet; thence easterly 81 degrees 47 minutes 39 seconds azimuth 16.00 feet;
thence westerly 261 degrees 47 minutes 39 seconds azimuth 16.00 feet; thence
southerly 171 degrees 47 minutes 39 seconds azimuth 345.76 feet; thence
westerly 261 degrees 47 minutes 39 seconds azimuth 16.00 feet; thence easterly
81 degrees 47 minutes 39 seconds azimuth 16.00 feet; thence southerly 171
degrees 47 minutes 39 seconds azimuth 405.60 feet; thence westerly 261 degrees
47 minutes 39 seconds azimuth 16.00 feet; thence easterly 81 degrees 47 minutes
39 seconds azimuth 16.00 feet; thence southerly 171 degrees 47 minutes 39
seconds azimuth 400.80 feet; thence westerly 261 degrees 47 minutes 39 seconds
azimuth 19.00 feet; thence easterly 81 degrees 47 minutes 39 seconds azimuth
19.00 feet; thence southerly 171 degrees 47 minutes 39 seconds azimuth 20.00
feet; thence northerly 351 degrees 47 minutes 39 seconds azimuth 20.00 feet;
thence easterly 81 degrees 47 minutes 39 seconds azimuth 446.00 feet; thence
westerly 261 degrees 47 minutes 39 seconds azimuth 16.00 feet; thence northerly
351 degrees 48 minutes 54 seconds azimuth 403.00 feet; thence easterly 81
degrees 48 minutes 54 seconds azimuth 16.00 feet; thence westerly 261 degrees
48 minutes 54 seconds azimuth 16.00 feet; thence northerly 351 degrees 48
minutes 54 seconds azimuth 270.00 feet; thence easterly 81 degrees 48 minutes
54 seconds azimuth 109.00 feet; thence southerly 171 degrees 48 minutes 54
seconds azimuth 16.00 feet; thence northerly 351 degrees 48 minutes 54 seconds
azimuth 16.00 feet; thence easterly 81 degrees 48 minutes 54 seconds azimuth
226.00 feet; thence northeasterly 59 degrees 18 minutes 54 seconds azimuth 5.20
feet; thence southeasterly 149 degrees 18 minutes 54 seconds azimuth 5.50 feet;
thence southwesterly 239 degrees 18 minutes 54 seconds azimuth 20.00 feet;
thence northeasterly 59 degrees 18 minutes 54 seconds azimuth 20.00 feet;
thence northwesterly 329 degrees 18 minutes 54 seconds azimuth 8.50 feet;
thence northwesterly 340 degrees 33 minutes 54 seconds 120.00 feet; thence
northeasterly 70 degrees 33 minutes 54 seconds azimuth 30.00 feet and said
easement centerline there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2026.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)