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RESOLUTION Approving the Vacation of a P

RESOLUTION Approving the Vacation of a Portion of the 30-Foot Drainage Easement Running North South Through Lots 1-4, Block 2, Commerce Park, and Located North of Technology Park Dr NW, East on Commerce Dr NW. WHEREAS, Nathan Stencil, initiated a request to vacate a portion of an existing drainage easement and a portion of an existing utility easement. 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 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 at6:15 pm on Jan. 3, 2022; 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 thatthe petition would be heard and considered by the Common Council at 6:15 pm on Jan. 3, 2022; and WHEREAS, the Common Council convened on Jan. 3, 2022 and 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. 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: DRAINAGE EASEMENT VACATION Easterly 15 feet of Lots 2, 3, and 4, Block 2, COMMERCE PARK, Olmsted County, MN, running parallel with east property line thereof, and the Westerly 15 feet of Lot 1, Block 2, COMMERCE PARK, Olmsted County, MN, running parallel with west property line thereof. BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2021-009VAC requested by JVNS, LLC, subject to the condition of approval shown below: 1. The first 1 Oft of the easement abutting Technology Dr NW shall remain in place for dry utility use. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 3rd DAY OF JANUARY, 2022. ATTEST: /s/BROOKE CARLSON PRESIDENT OF SAID COMMON COUNCIL /s/ Kelly K. GEISTLER CITY CLERK APPROVED THIS 4TH DAY OF JANUARY, 2022. /s/ Kim Norton MAYOR OF SAID CITY (Jan. 15, 2022) 23153

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