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HomeMy WebLinkAboutResolution No. 277-18 - HKH Company Vacation Petition - R2018-006VAC 20180806 RESOLUTION NO. ________________ WHEREAS, HKH Company initiated a proceeding to vacate a 80-foot utility easement located approximately 770-feet east of the Marion Road SE and 20th Street SE intersection. 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 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 at 7:00 p.m. on August 6, 2018; and WHEREAS, the Planning Department 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 August 6, 2018; and WHEREAS, the Common Council convened on August 6, 2018; 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 is hereby vacated and abandoned: TRACT 1: A part of the West Half of the Northwest Quarter of Section 34, Township 107 North, Range 14 West, lying between Trunk Highway 14 and the Chicago & Northwestern Railway, more particularly described as: commencing at the Southwest corner of said Northwest Quarter; thence on an assumed bearing of South 89 degrees 46 minutes 20 seconds East, along the South line of said Northwest Quarter 1,321.84 feet to a point on the East line of said West Half of the Northwest Quarter; thence North 00 degrees 02 minutes 40 seconds West, along said East line, 1,114.76 feet to a point in the Northerly right­ of-way line of Trunk Highway 14, said point being the point of beginning of the tract herein described; thence continue North 00 degrees 02 minutes 40 seconds West, along said East line 511.47 feet to a point in the Southerly right-of-way line of the Chicago & Northwestern Railroad; thence North 72 degrees 54 minutes 10 seconds West, along said right-of-way line, 155.18 feet; thence South 18 degrees 10 minutes 04 seconds West 482.95 feet to a point in the Northerly right-of-way line of Trunk Highway 14; thence South 71 degrees 49 minutes 56 seconds East, along said right-of-way line, 315.00 feet to the point of beginning. TRACT 2: A part of the East Half of the Northwest Quarter of Section 34, Township 107 North, Range 14 West, lying between Trunk Highway 14 and the Chicago & Northwestern Railroad, more particularly described as: commencing at the Southwest corner of said Northwest Quarter; thence on an assumed bearing of South 89 degrees 46 minutes 20 seconds East, along the South line of said Northwest Quarter, 1,321.84 feet to a point on the West line of said East Half of the Northwest Quarter; thence North 00 degrees 02 minutes 40 seconds West, along said West line, 1,114.76 feet to a point on the Northerly right-of-way line of Trunk Highway 14, said point being the point of beginning of the tract herein described; thence continue North 00 degrees 02 minutes 40 seconds West, along said West line 511.47 feet to a point in the Southerly right-of-way line of the Chicago & Northwestern Railroad; thence South 72 degrees 54 minutes 10 seconds East, along said right-of-way line, 409.09 feet; thence South 18 degrees 39 minutes 54 seconds East 586.83 feet to a point in the Northerly right-of-way line of Trunk Highway 14; thence Northwesterly along said right-of- way line, 156.41 feet along a curve concave to the North and not tangent with the last described line, said curve has a radius of 509.96 feet, a central angle of 17 degrees 34 minutes 22 seconds and the chord of said curve bears North 80 degrees 37 minutes 07 seconds West; thence North 71 degrees 49 minutes 56 2 seconds West, along said right-of-way line and tangent to said curve, 446.99 feet to the point of beginning; Together with a 22.00 foot easement for pipeline purposes over, under and across the property adjacent to and Easterly of the above described property. The centerline of said easement is described as: commencing at the Northeasterly corner of the above described property; thence on an assumed bearing of South 18 degrees 39 minutes 54 seconds East, along the Easterly line of the above described property, 64.00 feet to the point of beginning of the line to be described; thence South 88 degrees 38 minutes 39 seconds East 191.42 feet to a point in the Southerly right-of-way line of the Chicago & Northwestern Railroad and there terminating. Less the following: that part of the Southeast Quarter of the Northwest Quarter of Section 34 shown as Parcel 72 on Minnesota Department of Transportation Right of Way Plat No. 55/41, containing 0.06 acre, more or less. TRACT 3: Parcel A: A part of the East Half of the Northwest Quarter of Section 34, Township 107 North, Range 14 West, lying South of Seventh Street Northwest and North of the right-of-way line of the Rochester & Northern Minnesota Railway Company (now removed) as said right-of-way was originally located and established over and across said section and more particularly described as: commencing at the Northeast corner of said Northwest Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 24 seconds East, along the East line of said Northwest Quarter 1,309.67 feet to a point in the Northerly right-of-way line of the Chicago & North Western Transportation Company (running from Mankato to Winona) as said right-of-way is now located; thence North 72 degrees 54 minutes 10 seconds West, along said right-of-way line, 392.44 feet; thence North 21 degrees 56 minutes 23 seconds East 97.51 feet to a point in the Southerly line of Seventh Street Northwest; thence North 68 degrees 06 minutes 00 seconds West, along said Southerly line, 50.00 feet to the point of beginning of the tract herein described; thence continue North 68 degrees 06 minutes 00 seconds West, along said line, 268.43 feet to a point where the Northerly right-of-way line of the Rochester & Northern Minnesota Railway Company (running from Rochester to Zumbrota and now removed; formerly the Chicago & North Western Railway Company, now the Chicago & North Western Transportation Company), as said right-of-way line was originally located and established, intersects the Southerly line of said Seventh Street; thence Southeasterly, along said right-of-way of said railroad, 275.58 feet along a non-tangential curve concave to the Northeast, said curve having a radius of 1,860.00 feet, a central angle of 8 degrees 29 minutes 20 seconds and the chord of said curve bears South 55 degrees 12 minutes 22 seconds East; thence North 21 degrees 56 minutes 23 seconds East, not tangent to said curve, 61.44 feet to the point of beginning. Parcel B: A part of the East Half of the Northwest Quarter of Section 34, Township 107 North, Range 14 West, described as: commencing at the Northeast corner of said Northwest Quarter; thence South 00 degrees 05 minutes 24 seconds East, along the East line of said Northwest Quarter, 1,309.67 feet to a point in the Northerly right-of-way line of the Chicago & North Western Transportation Company (running from Mankato to Winona) as said right-of-way is now located; thence North 72 degrees 54 minutes 10 seconds 3 West, along said right-of­ way line, 392.44 feet to the point of beginning; thence North 21 degrees 56 minutes 23 seconds East 29.16 feet to a point in the Northerly right-of-way line of the Rochester & Northern Minnesota Railway Company (running from Rochester to Zumbrota and now removed; formerly the Chicago & North Western Railway Company, now the Chicago & North Western Transportation Company) as said right­of-way was originally located and established; thence Northwesterly, along said right-of-way line, 326.05 feet along a non-tangential curve concave to the Northeast to a point in the Southerly line of Seventh Street Northwest, said curve having a radius of 1,860.00 feet, a central angle of 10 degrees 02 minutes 37 seconds and the chord of said curve bears North 55 degrees 59 minutes 00 seconds West; thence North 68 degrees 06 minutes 00 seconds West, along the Southerly line of Seventh Street Northwest and not tangent to said curve, 277.98 feet to a point where the Southerly right-of-way line of said railroad intersects the Southerly line of said street; thence Southeasterly, along the Southerly right-of­way line of said railroad, 270.78 feet along a non-tangential curve, concave to the Northeast, to a point which is 25.00 feet Northeast, measured radially, of the centerline of the main tract (running from Rochester to Red Wing) of the Chicago & North Western Transportation Company (formerly the Chicago Great Western Railway Company), as said main track is now located, said curve having a radius of 1,960.00 feet, a central angle of 7 degrees 54 minutes 57 seconds and the chord of said curve bears South 47 degrees 07 minutes 49 seconds East; thence Southeasterly, parallel to and 25.00 feet Northeasterly of said main track as now located, along a non-tangential curve, concave to the Northeast,121.29 feet, said curve having a radius of 1,897.59 feet, a central angle of 3 degrees 39 minutes 44 seconds and the chord of said curve bears South 57 degrees 00 minutes 47 seconds East; thence Southeasterly, parallel to and 25.00 feet Northeasterly of said main track as now located, along a compound curve having a radius of 712.75 feet and a central angle of 13 degrees 05 minutes 56 seconds, 162.95 feet to a point which is 25.00 feet Northeasterly, measured at right angles, from the centerline of the main track (running from Winona to Mankato) of the Chicago & North Western Transportation Company, as said main track is now located, thence South 72 degrees 54 minutes 10 seconds East, parallel to and 25.00 feet Northeasterly of the last described main track center line and not tangent to said compound curve, 62.48 feet; thence North 21 degrees 56 minutes 23 seconds East 25.09 feet to the point of beginning. Parcel C: A part of the East Half of the Northwest Quarter of Section 34, Township 107 North, Range 14 West described as: commencing at the Northeast corner of said Northwest Quarter; thence on an assumed bearing of South 00 degrees 05 minutes 24 seconds East, along the East line of said Northwest Quarter, 1,309.67 feet to a point in the Northerly right-of-way line of the Chicago & North Western Transportation Company (running from Mankato to Winona) as said right-of-way is now located; thence North 72 degrees 54 minutes 10 seconds West, along said right­ of-way line, 392.44 feet; thence North 21 degrees 56 minutes 23 seconds East 97.51 feet to a point in the Southerly line of Seventh Street Northwest; thence North 68 degrees 06 minutes 00 seconds West, along said Southerly line, 596.41 feet to the point of 4 beginning, said point being the intersection of the Southerly line of Seventh Street Northwest and the Southerly right-of-way line of the Rochester & Northern Minnesota Railway Company (running from Rochester to Zumbrota and now removed; formerly the Chicago & North Western Railway Company and now the Chicago & North Western Transportation Company), as said right-of-way line was originally located and established; thence continue North 68 degrees 06 minutes 00 seconds West, along the Southerly line of Seventh Street, 50.51 feet to a point which is 25.00 feet, measured radially Northeast of the center line of the main track (running from Rochester to Red Wing) of the Chicago & North Western Transportation Company (formerly the Chicago Great Western Railway Company) as said main track is now located; thence Southeasterly, 25.00 feet Northeasterly of and parallel to said main track center line, 45.12 feet along a non-tangential curve concave to the Northeast, said curve having a radius of 1,113.33 feet, a central angle of 2 degrees 19 minutes 19 seconds and the chord of said curve bears South 45 degrees 56 minutes 44 seconds East; thence Southeasterly, 25.00 feet Northeasterly of and parallel to said main track center line, 197.42 feet along a compound curve concave to the Northeast, said curve having a radius of 1,957.70 feet and a central angle of 5 degrees 46 minutes 40 seconds; thence Southeasterly, 25.00 feet Northeasterly of and parallel to said main track center line, 76.10 feet along a compound curve concave to the Northeast, said curve having a radius of 1,897.59 feet and a central angle of 2 degrees 17 minutes 52 seconds, said point being the intersection of a line 25.00 feet Northeasterly of and parallel to said main track center line with the Southerly right-of-way line of the Rochester & Northern Minnesota Railway Company (formerly the Chicago North Western Railway Company and now the Chicago & North Western Transportation Company, running from Rochester to Zumbrota and now removed) as said Southerly right-of-way line was originally located and established; thence Northwesterly, along said Southerly right-of-way line, 270.78 feet, along a non-tangential curve concave to the Northeast to the point of beginning, said curve having a radius of 1,960.00 feet, a central angle of 7 degrees 54 minutes 57 seconds and the chord of said curve bears North 47 degrees 07 minutes 49 seconds West. 5 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS _________ DAY OF _________________, 2018. ____________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST:________________________ CITY CLERK APPROVED THIS _____ DAY OF ___________________, 2018. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone15\\Vacate\\Easement.1802 6