HomeMy WebLinkAboutResolution No. 445-14 . 445-14 F3
RESOLUTION NO. 445-14
WHEREAS, David and Teresa Haeuszer initiated a proceeding to vacate a utility
easement dedicated in 1987 on their property to allow for a building addition. The property is
located at 405 20th Street S.E.; 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 October 6, 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 October 6, 2014; and
WHEREAS, the Common Council convened on October 6, 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, 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 are hereby vacated and abandoned:
An easement for public utility purposes over, under and across the followed
described property:
That part of the Southwest Quarter (SW %) of the Southwest Quarter (SW
Section 12, Township One Hundred Six (106), Range Fourteen (14) bounded
and described as follows: Commencing at the Southwest corner of said Section
12, thence East along the South line of Section 12 a distance of 598.85 feet to a
point which is 35.0 feet West of the Centerline line of the main track of the
Chicago and North Western Railway Company (formerly the Chicago Great
Western Railway Company) as said main track is now located; thence Northerly
at a deflection angle of 910 30' to the left and parallel with the center line of said
main track a distance of 33.0 feet for a point of beginning; thence continue North
on the previous described course a distance of 550.0 feet, thence West at a
deflection angle of 88" 30' ; parallel with the South line of said Section 12, a
distance of 314.25 feet to a point which is 8.5 feet Westerly, measured at right
angles, from the center line for the most Westerly of two spur tracks of said
Railway Company, as now located; thence southerly at a deflection angle of 910
21' to the left, parallel with said spur track center line, a distance of 399.92 feet
to a point which is 183.0 feet Northerly , measured at right angles, from the
South line of said Section 12, thence Easterly at a deflection angle of 890 39' to
the left, parallel with said South line, a distance of 259.06 feet, thence Southerly
at a deflection angle of 880 30' to the right, parallel with said main track center
line, distance of 150.0 feet to a point 33.0 feet North of the South line of said
Section 12 thence East a deflection angle of 880 30'; to the left, parallel with said
South line, a distance of 63.10 feet to the point of beginning.
Said easement lies within 5.00 feet on each side of the following described line:
Commencing at the Southwest corner of said Section 12; thence South 89
degrees 50 minutes 19 seconds East, assumed bearing, along the south line of
said Section 12, a distance of 520.92 feet; thence North, 155.75 feet; thence
South 89 degrees 50 minutes 19 seconds East, 13.86 feet for the point of
beginning; thence North 25 degrees 57 minutes 53 seconds East, 3.02 feet;
thence North 07 degrees 32 minutes 34 seconds East; 26.19 feet; thence North
53 degrees 42 minutes 56 seconds West, 105.80 feet; said easement changes
at this point and lies within 4.5 on each side of the following described line;
thence North 00 degrees 09 minutes 06 seconds West' 10.00 feet and there
• terminating.
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• BE IT FURTHER RESOLVED that this vacation resolution is subject to the satisfaction of
the following conditions of approval:
1. The applicant shall dedicate the 20 foot utility easement shown on the
Easement Exhibit. Said easement shall be recorded within 90 days from
the date of City Council approval. Failure to complete the easement
within 90 days will void the resolution for the right-of-way vacation
approval.
2. This vacation resolution must not be recorded until such time as the utility
easement is recorded.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 6th DAY OF OCTOBER . 2014.
a
PRESI ENT"90 SAID COMMON COUNCIL
ATTEST: o »sue
CITY CLERK
APPROVED THIS nth DAY OF OCTOBER 12014,
MAYOR OF SAID CITY
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