RESOLUTION Approving a P’s Vacation – Post Bulletin

RESOLUTION approving the cancellation of a portion of the 30 foot drainage easement running north to south through Lots 1-4, Block 2, Commerce Park and located north of Technology Park Dr NW, east on Trade Dr. NW. WHEREAS, Nathan Stencil, has initiated a request to release part of an existing drainage easement and part of an existing utility easement. WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that “[t]The Common Council may, by resolution passed by five affirmative votes, vacate any public street, lane, way, land or easement, or any part thereof, on its own initiative or acting on a petition filed by the property owners. at least fifty percent of the lands abutting the line of the part of the public street, driveway, road, land or easement, or parts thereof, that is proposed to be vacated ; and WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter further states that “[n]o holidays must be taken unless the local council deems it to be in the public interest; and WHEREAS the Planning Department has given notice in the manner required by the Rochester City Charter that this petition will be heard and considered by City Council in a public hearing at 6:15 p.m. on January 3, 2022; and WHEREAS, the Planning Department has filed the petition in its office and, by publication in the Official Gazette at least ten days prior to the public hearing, has given notice that the petition has been filed, briefly stating its request, and specifying that the request would be heard and examined by the Common Council at 6:15 p.m. on January 3, 2022; and WHEREAS the common council met on January 3, 2022 and investigated and considered the issue of the cancellation of the easement, and gave all interested parties an opportunity to be heard and present evidence; and WHEREAS, based on the motion filed, the testimony and evidence presented by the interested parties, and the investigation and consideration of the matter by the Common Council, it appears that it is in interest of members of the public to leave the easement. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Rochester that the easement described as follows be hereby released and waived: VACANCY OF DRAINAGE EASEMENT East 15 feet from Lots 2, 3 and 4, Block 2 , COMMERCIAL PARK, Olmsted County, MN, parallel to the east property line thereof, and the west 15 feet of Lot 1, Block 2, COMMERCE PARK, Olmsted County, MN, parallel to the west property line of this one. BE IT FURTHER RESOLVED that the City approve vacation request #CD2021-009VAC requested by JVNS, LLC, subject to the condition of approval listed below: use. ADOPTED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 3RD DAY OF JANUARY, 2022. CERTIFICATE: /s/BROOKE CARLSON CHAIRPERSON OF THE SAID COMMON COUNCIL /s/ Kelly K. GEISTLER CITY CLERK APPROVED THIS 4TH DAY OF JANUARY, 2022 /s/ Kim Norton MAYOR OF SAID CITY (January 15, 2022) 23153

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