HomeMy WebLinkAboutResolution No. 071-13•
RESOLUTION NO.
WHEREAS, Arcon Development, Inc., initiated a proceeding to vacate a portion of the 20-
foot wide drainage easement recorded as Document A-1268815 within Lot 13, Block 12, Hart
Farm South and a portion of the utility and drainage easement within Lot 5, Block 11, Hart Farm
•South. The property is located north of 40th Street S.W., west of 18t" Avenue S.W., east of
Odyssey, Drive S.W., and south of Gemini Drive S.W., 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 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 February 20, 2013; 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 February 20, 2013; and
WHEREAS, the Common Council convened on February 20, 2013, 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, 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 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:
That part of the 20-foot drainage easement recorded as Document No. A-1268815
within Lot 13, Block 12, HART FARM SOUTH, Rochester, Minnesota, lying
between the south line of Lot 6, Block 1, HART FARM SOUTH THIRD and the
south line of Block 12, HART FARM SOUTH.
Outlot B, THE HOMESTEAD, Rochester, Minnesota, described as follows:
Commencing at the northwest corner of Lot 3, Block 2, THE HOMESTEAD; thence
South 00 degrees 59 minutes 38 seconds East, assumed bearing, along the west
line of said Lot 3, a distance of 98.29 feet for the point of beginning (the next two
calls will be along the west line of said Lot 3); thence continue South 00 degrees
59 minutes 38 seconds East, 49.77 feet; thence South 41 degrees 33 minutes 02
• seconds West, 17.75 feet; thence North 00 degrees 59 minutes 38 seconds West,
62.85 feet; thence North 89 degrees 00 minutes 22 seconds East, 12.00 feet to
the point of beginning..
ALSO:
That part of the dedicated utility and drainage easement within Lot 5, Block 11,
HART FARM SOUTH, Rochester, Minnesota, described as follows:
Commencing at the southwest corner of said Lot 5; thence North 01 degree 09
minutes 49 seconds West, assumed bearing, along the west line of said Lot 5, a
distance of 10.00 feet for the point of beginning; thence continue North 01 degree
09 minutes 49 seconds West, 176.42 feet; thence South degrees 11 minutes 48
seconds East, 148.44 feet; thence North 88 degrees 06 minutes 31 seconds East,
22.42 feet; thence South 01 degree 09 minutes 49 seconds East, 46.92 feet;
thence South 88 degrees 50 minutes 11 seconds West, 94.36 feet to the point of
beginning.
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ZON DAY OF CetAuA241 , 2013.
ACTING PRESIDENT OF SAID
COMMOW,dOUNCIL
ATTEST:
CITY CLERK
APPROVED THIS X,Sr DAY OF �P�'J/ZLlAr � , 2013.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
• Zone10\Vacate\Easement.1302
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