HomeMy WebLinkAboutResolution No. 261-14 261-14 F1
RESOLUTION NO.
WHEREAS, Apache Mall, LLC, initiated a proceeding to vacate a 20-foot wide public
water main easement located within Lot 1, Block 1 of Apache Mall Shopping Center
Resubdivision No. 1. The water main is to the east of the Scheels building under construction at
• the Apache Mall; 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 June 16, 2014; and
WHEREAS, the City Clerk filed the petition in his 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 June 16, 2014; and
WHEREAS, the Common Council convened on June 16, 2014, 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 easements 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 Lot 1, Block 1 of Apache Mall shopping Center Resubdivision No. 1
according to the plat thereof on file in the County Recorder's Office, Olmsted
County, Minnesota.
The center line of said 20.00 foot wide easement begin described as follows:
Commencing on the southerly right-of-way line of T.H. No. 14 at the
northeasterly corner of said Block I, of Apache Mall Shopping Center
Resubdivision No. I; thence westerly on a Minnesota State Plane Grid Azimuth
from north of 268 degrees 55 minutes 41 seconds along said southerly right-of-
way line. 89.49 feet; thence southerly 178 degrees 55 minutes 41 seconds
azimuth 541.74 feet; thence westerly 268 degrees 51 minutes 53 seconds
'azimuth 246.39 feet; thence southerly 178 degrees 51 minutes 53 seconds
azimuth 10.00 feet to the-point-of beginning; thence northerly 358 degrees 51
minutes 53 seconds azimuth 33.04 feet; thence northwesterly 313 degrees 51
minutes 53 seconds azimuth 24. 64 feet; thence northeasterly 43 degrees 51
minutes 53 seconds azimuth 42.43 feet; thence southwesterly 223• degrees 51
minutes 53 seconds azimuth•42.43 feet; thence northwesterly 313 degrees 51
minutes 53 seconds azimuth 44.09 feet; thence northerly 358 degrees 51
minutes 53 seconds azimuth 301.68 feet; thence westerly 268 degrees 51
minutes 53 seconds azimuth 34.90 feet; thence easterly 88 degrees 51 minutes
53 seconds azimuth 34.90 .feet; thence northerly 358 degrees 51 minutes 53
seconds azimuth-36.69 feet; thence southerly 178 degrees 51 minutes 53
seconds azimuth 10.00 feet; thence westerly 268 degre.es 51 minutes 53
seconds azimuth 365.71 feet; thence easterly 88 degrees 51 minutes 53
seconds azimuth 10.00 feet; thence southerly 178 degrees 51 minutes 53
seconds azimuth 30.34 feet; thence easterly 88 degrees. 51 minutes 53 seconds
azimuth 38.71 feet; thence westerly 268 degrees 51 minutes. 53 seconds
azimuth 38.7.1 feet; thence southerly 178 degrees 51 minutes 53 seconds
azimuth 379.68 feet; thence northerly 358 degrees 51 minutes 53 seconds
azimuth 10.00 feet; thence easterly 88 degrees 51 minutes 33 seconds azimuth
43.00 feet and said center line there terminating.
BE IT FURTHER RESOLVED that this vacation is subject to the satisfaction of the
following conditions of approval:
• 1. The applicant must dedicate and record a new utility easement for the
water main and fire hydrants relocation. The new easement shall be
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• recorded within 90 days from the date of City Council approval of this
vacation. Failure to record the new easement within 90 days will void the
resolution for the easement,vacation approval.
2. The vacation resolution must not be recorded until such time as the
applicant dedicates and records the new utility easement for the water
main and fire hydrants relocation.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 16th DAY OF JUNE 2014,
PRESI ENT SAID COMMON COUNCIL
ATTEST: ........r �> '�� 7.
CITY CLERK
APPROVED THIS 17th DAY OF JUNE 2014,
MAYOR OF SAID CITY
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