HomeMy WebLinkAboutResolution No. 498-11 t
RESOLUTION NO.
WHEREAS, Michael Younge and Mark Hanson initiated a proceeding to vacate the public
utility easement, dedicated in 1988, within Lots 25, 26 and 32, Hillcrest Subdivision. The
property is located west of 23rd Avenue S.W., east of Fox Chase Road S.W., and the Rochester
Golf and Country Club, north of the Orchard Hills development and south of Fifth Street S.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 October 17, 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 October 17, 2011; and
• WHEREAS, the Common Council convened on October 17, 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
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 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 60.00 feet wide easement over, under and across that part of the Northeast
Quarter of Section 4, Township 106 North, Range 14 West, Olmsted County,
Minnesota, the center line of said easement, described as follows:
Commencing at the southwest corner of said Northeast Quarter; thence easterly
on a Minnesota State Plane Grid Azimuth from north of 89 degrees 44 minutes 38
seconds along the south the south line of said Northeast Quarter 1003.82 feet to
the point of beginning; thence northerly 190.43 feet along a nontangential curve
concave westerly having a central angle of 33 degrees 24 minutes 59 seconds, a
radius of 326.51 feet and a chord azimuth of 343 degrees 02 minutes 09 seconds;
thence northwesterly 326 degrees 19 minutes 40 seconds azimuth 101.21 feet;
thence northeasterly 286.11 feet along a tangential curve concave southeasterly
having a radius of 13.00 feet and a central angle of 123 degrees 15 minutes 20
• seconds; thence easterly 89 degrees 35 minutes 00 seconds azimuth 100.00 feet;
thence easterly 117.56 feet along a tangential curve concave southerly, having a
radius of 300.00 feet and a central angle of 22 degrees 27 minutes 08 seconds;
thence easterly 112 degrees 02 minutes 08 seconds azimuth 155.77 feet; thence
easterly 114.77 feet along a tangential curve concave northerly, having a radius of
300.00 feet and a central angle of 21 degrees 55 minutes 10 seconds; thence
easterly 90 degrees 01 minutes 15 seconds azimuth 1.24 feet to the westerly line
of Gates Drive S.W. and said easement center line there terminating. A 50.00 feet
wide permanent easement for the construction and maintenance of public utilities
over, under and across that part of Lots 25 and 32, PLAT OF HILLCREST
SUBDIVISION, according to the plat thereof on file at the County Recorder's
Office, Olmsted County, Minnesota, the center line of said easement, described as
follows:
Commencing at the southwest corner of aid Lot 32; thence easterly on a
Minnesota State Plane Grid Azimuth from north of 90 degrees 01 minutes 15
seconds along the northerly right-of-way line of Gates Drive S.W. 30.02 feet to the
point of beginning; thence northerly 357 degrees 54 minutes 16 seconds azimuth
250.91 feet; thence northeasterly 130.90 feet along a tangential curve concave
southeasterly, having a radius of 125.00 feet and a central angle of 60 degrees 00
minutes 00 seconds and said easement center line there terminating.
• Together with a 20.00 feet wide permanent easement and a 30.00 feet wide
temporary easement for the construction and maintenance of public utilities under
across that part of Lots 25 and 26, PLAT OF HILLCREST SUBDIVISION,
according to the plat thereof on file at the County Recorder's Office, Olmsted
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• County, Minnesota, the center line of said easement, described as follows:
Commencing at the southwest corner of said Lot 25; thence easterly on a
Minnesota State Plane Grid Azimuth from north of 88 degrees 09 minutes 23
seconds along the south line of said Lot 25, a distance of 7.38 feet; thence.
northeasterly 79.73 feet along a nontangential curve concave southeasterly having
a central angle of 30 degrees 27 minutes 21 seconds, a radius of 150.00 feet and
a chord azimuth of 23 degrees 20 minutes 52 second to the point of beginning;
thence northwesterly 43 degrees 00 minutes 48 seconds azimuth 177.11 feet and
said easement center line there terminating.
And together with a 10.00 feet wide permanent easement and a 15.00 feet wide
temporary easement for the construction and maintenance of public utilities under
and across that part of Lot 26, PLAT OF HILLCREST SUBDIVISION, according to
the plat thereof on file at the County Recorder's Office, Olmsted County,
Minnesota, the westerly line of said easements, described as follows:
Commencing at the northeast corner of said Lot 26; thence westerly on a
Minnesota State Plane. Grid Azimuth from north of 268 degrees 07 minutes 21
seconds along the north line of said Lot 26, a distance of 90.00 feet-to the point of
beginning; thence southerly 187 degrees 35 minutes 10 seconds azimuth 103.06
feet and said westerly easement line there terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /71-H DAY OF 0070-8� , 2011.
P ESIDENT OF SAID COMMON COUNCIL
ATTEST.
CITY CLERK
APPROVED THIS !&t DAY OF DC-MS , 2011.
T
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\Vacate\Easement.1104
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