HomeMy WebLinkAboutResolution No. 023-23 - Resolution - Initial Parcel Descriptions Public Hearing Neeser Higgins Petition for Establishment of a Cartway
RESOLUTION
Setting Forth Initial Parcel Descriptions and Setting a Public Hearing Relating to
the Petition for Establishment of a “Cartway” for the Purpose of Accessing
Landlocked Property.
WHEREAS, the Common Council of the City of Rochester received a Petition, which is
attached hereto as Exhibit A (“Petition”) from Gwen Neeser and Robert Higgins
(“Petitioners”) requesting the establishment of a cartway pursuant to Minnesota Statutes
§435.37, which contains approximately five (5) acres of land legally described as follows
(“Property”):
Beginning at a point 507 feet west and 299 feet south of the northeast corner
of the Southeast Quarter (SE ¼) of Section Thirty-five (35), Township One
Hundred Six (106), Range Fourteen (14), thence South 316 feet, thence west
1373 feet to the center of Highway 63, thence north 8°30’ west 322 feet,
thence east 1421 feet to the place of beginning, Olmsted County, Minnesota,
containing 10.03 acres more or less. Excepting a part of the Southeast
Quarter (SE ¼) of Section Thirty-five (35), Township One Hundred Six (106)
North, Range Fourteen (14) West, described as follows: Commencing at the
northeast corner of said Southeast Quarter (SE ¼), thence west along the
north line of said Southeast Quarter (SE ¼) a distance of 507.0 feet, thence
south parallel with the east line of said Southeast Quarter (SE ¼) a distance
of 299.0 feet, thence west parallel with the north line of said Southeast Quarter
(SE ¼) a distance of 1101.41 feet for a point of beginning, thence south at
right angles a distance of 208.0 feet, thence west at right angles a distance of
127.0 feet, thence south at right angles a distance of 108.0 feet, thence west
at right angles a distance of 46.0 feet to a point in the easterly right of way line
of trunk highway No. 63 and said point being on a curve whose radius is
3039.79 feet, and whose chord is at a deflection angle of 79°39’ to the right
from the previous described course, thence northwesterly, deflecting to the
left, along said curve a distance of 321.21 feet, thence east parallel with the
north line of said Southeast Quarter (SE ¼) a distance of 230.71 feet to the
point of beginning. And the most southerly 108.0 feet thereof being subject to
an easement for egress and ingress by pedestrian and vehicular travel by
others.
Parcel ID: 643542045404
WHEREAS, the land has no established access to it except over a navigable waterway,
over the lands of others, and
WHEREAS, the route for the cartway requested by the Petitioners, which is described in
the Petition, would be established over the following property:
SECT-35 TWP-106 RANGE-014
CITY LANDS 106-14-35
COM AT A PT 507 FT W & 615 FT S
OF NECOR SE ¼ FOR PT OF BEG
TH S 320 FT TH W1360 FT TO CEN
T.H. NO 63 THN NWLY 320.5 FT TH
E1373 FT TO PT OF BEG ALSO COM
AT A PT 935 FT S & 1668.52 FT W
OF NECOR SE ¼ TH S 74.02 FT TH
NWLY TO E R-O-W T.H. NO 63 TH
NLY AL SD R-O-W TO A PT 935 FT
S OF N LINE SE ¼ TH E TO BEG
LESS COM AT A PT 935 FT S &
1203 FT W OF NECOR SE ¼ TH
N 127 FT TH W 465.52 FT TH
S 125.09 FT TH E TO BEG ALSO
LESS TH PT LYING IN NE ¼
SE ¼ ALSO LESS TH N123 FT
LYING W OF THE ELY 1061.4 FT OF
FOL DES PARCEL BEG AT A PT
507 FT W & 615 FT S OF NECOR
SE ¼ TH S320 FT TH W 1360 FT TO
CEN LINE HWY 63 TH N 320.5 FT TH
E 1373 FT TO PT OF BEG
Parcel ID: 613542053338
WHEREAS, the requested route crosses property owned by Bill B. Buck and Emily Buck,
(“Affected Owners”); and
WHEREAS, the Petitioners seek to establish legal access that is at least 33 feet wide to a
tract of property that is landlocked; and
WHEREAS, petitioners are requesting the establishment of a cartway connecting property
to the public road known as Quarve Road SE; and
WHEREAS, the petition appears to contain sufficient information to be considered complete
under the statute; and
WHEREAS, Minnesota Statutes § 435.37, requires the Common Council to make an order
describing as nearly as practicable the cartway to be established, describing the tracts of
land through which the cartway passes, and fixing a time and place when and where the
Common Council will meet to act upon the Petition.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
MN that the Council issues the following Order in response to the petition:
1. The tract of land through which the proposed cartway passes and the owners of said
tract of land are as identified above as Affected Owner.
2. The Common Council will conduct a public hearing at 7:00 p.m. on April 17, 2023,
during the regularly scheduled City Council meeting to hear from the Petitioners, the
Affected Owners, and any other interested parties as to any physical features they
would like to point out as well as any proposed alternative routes. The Common
Council will consider the proposed cartway, and whether to possibly act preliminarily
on the Petition.
3. The Petitioners shall be responsible for serving this Order on the Affected Owners,
and on each person whose land would reasonably be expected to be affected by
the establishment of the proposed cartway given the fact that the Common Council
may select an alternative route, at least 10 days before the date of the hearing and
must provide the Common Council an affidavit of service as proof of having provided
the required notice. In this case, the additional owners to be notified include, but are
not limited to, those owning property adjacent to the Petitioner’s Property and those
owning property adjacent to the Affected Owner’s property and any other owners of
property that could reasonably be crossed by a cartway to provide access to the
Property. Failure to provide notice to the Affected Owners, or others that may be
affected should an alternative route be selected, will delay the process until notice
is provided and may require portions of the process to be repeated.
4. The City Clerk is hereby authorized and directed to, at least 10 days prior to the date
of the hearing, publish notice of the hearing once in the City’s official newspaper,
and post this Order on the City’s Official Notification webpage.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
EXHIBIT A