RESOLUTION WHEREAS, Rochester Property Owner, LLC, initiated a request to vacate approximately 400 square-feet of right-of-way on the east side of 1st Avenue SW between West Center Street and 3rd Street SW on the north side of Peace Plaza, 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 publicstreet, 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 bevacated;” and WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter further states that, 11[n]o vacation shall be made unless the Common Council finds that to do so is in the public interest;” and WHEREAS, the Planning Department 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 at7:00 p.m. on February 20, 2019; and WHEREAS, the Planning Department 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 at7:00 p.m. on February 20, 2019;and WHEREAS, the Common Council convened on February 20, 2019; investigated and considered the matter of the vacation of the 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 members of the public to vacate the easement, subject to one condition of approval, 1. Prior to recording the vacation, a recorded easement the width of the existing duct bank that runs perpendicular through the vacation area, is required to the satisfaction of Rochester Public Utilities; and 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: That part of Peace Plaza formally known as 4th Fourth Street as dedicated on the ORIGINAL PLAT, IN THE CITY OF ROCHESTER according to the recorded plat thereof, Olmsted County, Minnesota and that part of 1st Avenue Southwest formally known as Main Street as dedicated on said plat, described as follows: Commencing at the Southwest corner of Block 32, said ORIGINAL PLAT, IN THE CITY OF ROCHESTER; thence North 00 degrees 18 minutes 33 seconds West, assumed bearing along the West line of said Block 32 a distance of 5.00 feet; thence continue North 00 degrees 18 minutes 33 seconds West, along said West line, a distance of 159.00 feet; thence South 89 degrees 42 minutes 57 seconds West, a distance of 30.00 feet; thence South 00 degrees 18 minutes 33 second East, a distance 15.00 feet; thence South 89 degrees 42 minutes 57 seconds West, a distance of 17.50 feet; thence South QO degrees 18 minutes24 seconds East, a distance 116.27 feet; thence South 60 degrees 01 minutes 18 seconds East, a distance of 55.01 feet to the actual point of beginning; thence North 60 degrees 01 minutes 18 seconds West, a distance of 29.19 feet; thence South 00 degrees 18 minutes 33 seconds East, a distance of 24.37 feet; thence North 89 degrees 41 minutes 27 seconds East, a distance of 35.67 feet; thence North 00 degrees 18 minutes 33 seconds West, a distance of 4.64 feet to the southerly line of said Block 32; thence South 89 degrees 43 minutes 57 seconds West along said southerly line of said Block 32, a distance of 10.46 feet to said west line of Block 32; thence North 00 degrees 18 minutes 33 seconds West along the said west line of said Block 32, a distance of 5.00 feet to the point of beginning and there terminating. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF 20th February ROCHESTER, MINNESOTA, THIS 20th DAY OF February , 2019. /s/ Randy Staver PRESIDENT OF SAID COMMON COUNCIL Attest City Clerk Anissa Hollingshead APPROVED THIS 26TH DAY OF FEBRUARY, 2019 /s/ Kim Norton MAYOR OF SAID CITY (Oct. 11, 2022) 110517
