HomeMy WebLinkAboutResolution No. 215-11 cam„" � p✓,.
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RESOLUTION NO. /
WHEREAS, Mayo Clinic initiated a proceeding to vacate the 30-foot wide permanent
utility easement and the 80-foot wide temporary utility easement running east and west across
Lot 3, Block 1, Western Digital Technology Park. The property is located east of West Circle
Drive, west of the Lincolnshire North Fifth Subdivision, and south and west of the Douglas Trail,
*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 May 2, 2011; 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 May 2, 2011; and
• WHEREAS, the Common Council convened on May 2, 2011, 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
Wnterested 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:
A 30.00 foot permanent easement and a 80.00 foot temporary construction
easement over, under and across a part of the Northeast Quarter of the Southeast
Quarter of Section 17, Township 107 North, Range 14 West, Olmsted County,
Minnesota. The centerline of said easements being described as follows:
Commencing at the southeast corner of the Northeast Quarter of the Southeast
Quarter of said Section 17; thence South 87 degrees 27 minutes 57 seconds
West, assumed bearing, along the south line of said Quarter Quarter Section,
471.55 feet to the westerly right -of-way line of the now abandoned Chicago and
North Western Transportation Company (formerly the Chicago Great Western
Railway Company); thence North 05 degrees 37 minutes 51 seconds West, along
said westerly right of way line, 858.91 feet; thence northerly 88.11 feet along said
westerly right of way line and along a tangential curve, concave to the west, radius
• of 1282.69 feet, central angle of 03 degrees 56 minutes 09 seconds and the chord
of said curve bears North 07 degrees 35 minutes 56 seconds West, 88.10 feet for
the point of beginning of the centerline to be described; thence North 88 degrees
14 minutes 11 seconds West, not tangent to said curve, 595.58 feet to the easterly
right of way line of C.S.A.H. No. 22 as defined on OLMSTED COUNTY HIGHWAY
RIGHT OF WAY PLAT NO. 76 and there terminating. The sidelines of said
easements shall be prolonged or shortened to terminate the easterly right of way
line of said C.S.A.H. NO. 22 and on the westerly right of way line of said
abandoned railroad.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAfOF 011.
PRE ID NT OF SAID COMMON COUNCIL
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ATTEST:
CITY CLERK
APPROVED THIS 3�� DAY OF , 2011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zonel WacateEasement.1102
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