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HomeMy WebLinkAboutResolution No. 266-06 �. n. RESOLUTION NO. ' 01P WHEREAS, Platinum Development initiated a proceeding to vacate a portion of the Eastwood Road right-of-way, including utilities, beginning just east of Harbor Drive S.E., and extending approximately 1440 feet east. This request occurs in conjunction with the Rochester Towne Club Development; 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 May 15, 2006; and WHEREAS, the City Clerk filed the petition in her 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 May 15, 2006; and WHEREAS, the Common Council convened on May 15, 2006, investigated and considered the matter of the vacation of the right-of-way, 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, the recommendation of the Planning and Zoning Commission, 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 right-of-way in question. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the following described right-of-way are hereby vacated and abandoned: • The north 33.00 feet of Eastwood Road adjoining and within 33.00 feet of the south line of the Southeast Quarter of the Southwest Quarter of Section 5, Township 106 North, Range 13 West, Olmsted County, Minnesota. r • AND The south 33.00 feet of Eastwood Road adjoining and within 33.00 feet of the north line of the Northeast Quarter of the Northwest Quarter of Section 8, Township 106 North, Range 13 West, Olmsted County, Minnesota. AND The north 33.00 feet of Eastwood Road adjoining and within 33.00,feet of the south line of the Southwest Quarter of the Southwest Quarter of said Section 5, lying east of a curved line "A" said line described as follows: Commencing at the northeast corner of Lot 1, Block 4, ROSE HARBOR SECOND SUBDIVISION, according to the plat thereof on file at the County Recorder's office, Olmsted County, Minnesota; thence westerly on a Minnesota State Plane Grid Azimuth from north of 270 degrees 24 minutes 15 seconds along the north line of said Lot 1 a distance of 122.26 feet to the point of beginning; thence northerly 71.50 feet on a nontangential curve concave westerly, having a radius of 52.00 feet, a central angle of 78 degrees 46 minutes 59 seconds and a chord azimuth of 00 degrees 24 minutes 15 seconds to the northerly right-of-way line of said Eastwood Road and said line there terminating. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /50h DAY F- }�Y1 , 2PD6. P ESIDENT OF SAID COMMON COUNCIL 0"OaO-u ATTEST: D PLx-1,6 CITY CLERK �/} APPROVED THIS j� DAY OF /4 l , 2006. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zo ne05\Vacate\ROW.0511 • 2