HomeMy WebLinkAboutResolution No. 599-1310
RESOLUTION NO.��9—/3
WHEREAS, The Homestead at Rochester, Inc., initiated a proceeding to vacate a portion
of the drainage and utility easement dedicated over Outlot A, The Homestead First Replat. ,The
portion being vacated is becoming part of Lot 1, Block 1, The Homestead Second. The area is
• west of 18th Avenue N.W., and north of 55th Street N.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 December 2, 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 December 2, 2013; and
WHEREAS, the Common Council convened on December 2, 2013, investigated and
considered the matter of the vacation of the drainage and 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 drainage and utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the public street and utility easement described as follows is hereby vacated and
abandoned:
That part of Outlot'A', THE HOMESTEAD FIRST REPLAT, Rochester, Minnesota,
described as follows:
Commencing at the northeast corner of said Outlot 'A'; thence South 44 degrees
47 minutes 28 seconds East, assumed bearing, along the easterly line of said
Outlot 'A', 122.78 feet (the next 9 .courses are along said easterly line); thence
South 33 degrees 38 minutes 25 seconds East, 117.00 feet for the point of,
beginning; thence South 48 degrees 27 minutes 00 seconds East, 126.80 feet;
thence South 24 degrees 37 minutes 24 seconds East, 58.63 feet; thence South
54 degrees 39 minutes 23 seconds East, 41.76 feet; thence South 29 degrees 10
minutes 31 seconds East, 65.27 feet; thence South 41 degrees 17 minutes 56
seconds East, 87.69 feet; thence South 29 degrees 52 minutes 12 seconds East,
• 57.92 feet; thence South 00 degrees 59 minutes 38 seconds East, 69.43 feet;
thence South 55 degrees 03 minutes 22 seconds West, 86.24 feet; thence North
04 degrees 46 minutes 17 seconds East, 38.55 feet; thence North 26 degrees 34
minutes 23 seconds West, 39.10 feet; thence North 60 degrees 28 minutes 27
seconds West, 70.73 feet; thence North 23 degrees 42 minutes 28 seconds West,
30.27 feet; thence North 00 degrees 00 minutes 00 seconds West, 76.11 feet;
thence North 23 degrees 15 minutes 00 seconds Weft, 213.27 feet; thence North'
33 degrees 38 minutes 25 seconds West, 54.60 feet to the point of beginning.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
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ROCHESTER, MINNESOTA, THIS Z408 DAY OF 2013.
RESIDENT OF SAID COMMON COUNCIL
ATTEST: 61 6j
C TY CLERK
APPROVED THIS &5d . DAY OF 2013.
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\Easement.1308
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MAYOR OF SAID CITY
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