HomeMy WebLinkAboutResolution No. 210-26 - Resolution - CD2026-008VAC - Riverside Apartments
RESOLUTION
Approving Vacation Petition No. CD2026-008VAC by Pougiales SE Rochester LLC.
for the Vacation of a Utility Easement Located Approximately 175 Feet South of
th
Center St E and 160 Feet West of 6 Ave SE.
WHEREAS, Pougiales SE Rochester LLC 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 November 2, 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 10.00 foot wide electrical utility easement over, under and across part of Lot 7, State
Plat of School Section 36, Township 107 North, Range 14 West, Olmsted County,
Minnesota. The centerline of said easement is described as follows:
Commencing at the southwest corner of said Section 36; thence on an assumed bearing
of North 00 degrees 13 minutes 31 seconds West, along the west line of the southwest
quarter of said Section 36, a distance of 486.22 feet; thence North 89 degrees 46 minutes
29 seconds East, a distance of 773.17 feet to the point of beginning of the centerline to be
described; thence South 07 degrees 14 minutes 12 seconds East, a distance of 62.25
feet; thence South 00 degrees 17 minutes 57 seconds East, a distance of 43 feet, more or
less, to the north line of the Margaret A. Scanlon property, as described in Olmsted County
Document Number 1119505 and there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate at the north
line of said Margaret A. Scanlon property, as described in Olmsted County Document
Number 1119505 and at a line bearing South 89 degrees 46 minutes 29 seconds West
and North 89 degrees 46 minutes 29 seconds East from the point of beginning.
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)