HomeMy WebLinkAboutResolution No. 406-14 . 406-14 F5
RESOLUTION NO. 406-14
WHEREAS, Forsons Investments LLC and FLKT Properties LLC initiated a proceeding to
vacate portions of drainage easements dedicated in 2001 along the north edge of the Barclay
Square Shopping Center; 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 September 15, 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 September 15, 2014; and
WHEREAS, the Common Council convened on September 15, 2014, investigated and
considered the matter of the vacation of the drainage easements 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 drainage easements in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the drainage easements described as follows are hereby vacated and
abandoned:
That part of the public drainage easement recorded as Document No. A-890856 in
the office of the County Recorder, Olmsted County, Minnesota, lying within Lots 1
and 2, Block 1, BARCLAY SQUARE FIRST REPLAT, Rochester, Minnesota and
being described as follows:
Commencing at the most westerly corner of said Lot 1; thence North 40 degrees
07 minutes 31 seconds East, assumed bearing, along the northwesterly line of
said BARCLAY SQUARE FIRST REPLAT, 60.42 feet for the point of beginning
(the next two courses are along said northwesterly line); thence continue North 40
degrees 07 minutes 31 seconds East, 86.96 feet; thence northeasterly 257.04 feet
along a tangential curve, concave northwesterly, central angle of 02 degrees 52
minutes 58 seconds and a radius of 5108.51 feet; thence South 79 degrees 52
minutes 29 seconds East, not tangent to said curve, 110.71 feet; thence South 35
degrees 16 minutes 17 seconds East, 3.69 feet; thence South 25 degrees 07
minutes 31 seconds West, 23.00 feet; thence north 35 degrees 16 minutes 17
seconds West, 29.57 feet; thence North 79 degrees 52 minutes 29 seconds West,
63.85 feet; thence South 67 degrees 58 minutes 55 seconds West, 3.94 feet;
thence South 40 degrees 07 minutes 31 seconds West, 205.14 feet; thence South
13 degrees 22 minutes 27 seconds West, 14.57 feet; thence South 49 degrees 52
minutes 29 seconds East, 12.69 feet; thence South 14 degrees 52 minutes 29
second East 80.59 feet; thence South 40 degrees 07 minutes 31 seconds West,
46.64; thence South 89 degrees 40 minutes 13 seconds West, 56.92 feet; thence
North 49 degrees 52 minutes 29 seconds West, 55.42 feet to the point of
beginning.
ALSO:
That part of the public drainage easement recorded as Document No. A-890856 in
the office of the County Recorder, Olmsted County, Minnesota, lying within Lot 2,
Block 1, BARCLAY SQUARE FIRST REPLAT, Rochester, Minnesota, described
as follows:
Commencing at the most westerly corner of Lot 1, Block 1, in said BARCLAY
SQUARE FIRST REPLAT ; thence North 40 degrees 07 minutes 31 seconds East,
assumed bearing, along the northwesterly line of said BARCLAY SQUARE FIRST
REPLAT, 147.38 feet; thence northeasterly 257.04 feet along said northwesterly
line and along a tangential curve, concave northwesterly, central angle of 02
degrees 52 minutes 58 seconds and a radius of 5108.51 feet; thence South 79
2
• degrees 52 minutes 29 seconds East, not tangent to said curve, 82.23 feet for the
point of beginning; thence North 54 degrees 43 minutes 43 seconds East, 20.00
feet; thence South 35 degrees 16 minutes 17 seconds East, 20.28 feet; thence
North 79 degrees 52 minutes 29 seconds West, 28.48 feet to the point of
beginning.
ALSO:
Commencing at the most westerly corner of Lot 1, Block 1 in said BARCLAY
SQUARE FIRST REPLAT; thence North 40 degrees 07 minutes 31 seconds East,
assumed bearing along the northwesterly line of said BARCLAY SQUARE FIRST
REPLAT, 147.38 feet; thence northeasterly 257.04 feet along said northwesterly
line and along a tangential curve, concave northwesterly, central angle of 02
degrees 52 minutes 58 seconds and a radius of 5108.51 feet; thence South 79
degrees 52 minutes 29 seconds East, not tangent to said curve, 114.03 feet;
thence South 25 degrees 07 minutes 31 seconds West, 2.68 feet to the point of
beginning; thence South 35 degrees 16 minutes 17 seconds East, 43.93 feet;
thence South 22 degrees 14 minutes 03 seconds West, 142.85 feet; thence North
67 degrees 45 minutes 57 seconds West, 20.00 feet; thence North 22 degrees 14
minutes 03 seconds East, 131.87 feet; thence North 35 degrees 16 minutes 17
seconds West, 21.59 feet; thence North 25 degrees 07 minutes 31 seconds East,
23.00 feet to the point of beginning.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 15th DAY OF SEPTEMBER 2014,
PRESIDENT 9- SAID COMMON COUNCIL
A
ATTEST:
CITY CLERK
APPROVED THIS . th DAY OF __..S..E.P.7E.M.BE.Ei.............__...................._,.. _ Y 2014.
MAYOR OF SAID CITY
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