HomeMy WebLinkAboutResolution No. 300-15 - PohocogoLLC.VacatePetitionR2015-001RESOLUTION NO.
WHEREAS, Pohocogo, LLC initiated a proceeding to vacate a water main easement
dedicated in 1969 over a portion of an unplatted lot located at 3089 25t" Street N.W.; and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, "[t]he
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,
"[n]o vacation shall be made unless the Common Council finds that to do so is in the public
interest;" and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the City
of Rochester that this petition would be heard and considered by the Common Council at a public
hearing at 7.00 p.m. on June 15, 2015; and
WHEREAS, the City Clerk filed the petition in his 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 at 7.00 p.m. on June 15, 2015; and
WHEREAS, the Common Council convened on June 15, 2015, investigated and
considered the matter of the vacation of the utility easement and gave all interested parties an
opportunity to be heard and to present evidence; 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 City of Rochester, its inhabitants and all other
members of the public to vacate the utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the utility easement described as follows are hereby vacated and abandoned:
A perpetual easement for utility purposes over, under and across that part of the
Northwest Quarter of the Northeast Quarter of Section 28, Township 107 North,
Range 14 West, Olmsted County, Minnesota, described as follows:
Commencing at the northwest corner of Lot 1, Block 2, THE BRITTANY'S,
according to the recorded plat thereof on file at the office of the Olmsted County
Recorder; thence on an assumed bearing of South 00000'00" East, along the
west line of said Lot 1, a distance of 170.14 feet to the point of beginning of the
easement to be described; thence continuing South 00000'00" East, along said
west line, 20.00 feet, thence South 89016'22" West 42.52 feet; thence North
45000'00" West 42.79 feet; thence North 00014'22" East 6.86 feet; thence North
82005'52" West 9.13 feet; thence North 07054'08" East 20.00 feet; thence South
82005'52" East 26.62 feet; thence South 00014'22" West 16.01 feet; thence
South 45000'00" East 26.02 feet; thence North 89016'22" East 34.34 feet to the
point of beginning.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
condition:
1. The resolution shall not be recorded until such time as the applicant
relocates and dedicates the 12-inch water main per the requirements and
satisfaction of RPU.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF . 2015.
(Seal of the City of
Rochester, Minnesota)
MAYOR OF SAID CITY
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Zone 15\Vacate\Easement.1501