HomeMy WebLinkAboutResolution No. 323-10 4. .a,....,r..,....ir.lurr.l..ar.u..uw...M+..e.._ • :,a .. xr..r. «.w.v..w.« ..,uu.v.r.rJ.......r.wu�w.....0_..vGa.va...w.....taw way....• .....e.... .w.I,rr...-r.... ....>.....uY• ,.r...u.n.wwr...r.n—....u.4xx....r.w..w...dw e..t..w.-.t.w.rxx,m.M...+n.n... ..»..rr.J�
RESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate a portion of the former
right-of-way of 11th Avenue N.W., and 16th Avenue N.W., that is located south of the East
Frontage Road, west of Assisi Drive N.W., and north of the Hillcrest Mall. The roadway
lignments through the area changed as a result of the Highway 52 Reconstruction Project and
his right-of-way is no longer needed; 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 August 2, 2010; 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 August 2, 2010; and
0 WHEREAS, the Common Council convened on August 2, 2010, investigated and
considered the matter of the vacation of the right-of-way 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 right-of-way in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the following described right-of-way is hereby vacated and abandoned:
That part of the 11th Avenue NW and 16th Avenue NW lying adjacent to the
following described properties:
Lot 1, Replat of Outlot 1 and Block 1 of Bielenberg and Giese Fourth Addition,
according to the plat thereof on file and of record in the office of the County
Recorder in and for Olmsted County, Minnesota:
And
That part of Tract A described below:
Tract A. Lots 15, 16, and 17, Block 1, Thomas First Addition to the City of
Rochester according to the plat thereof on file and of record in the
office of the County Recorder in and for Olmsted County, Minnesota;
which lies within Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B3 as shown on
Minnesota Department of Transportation Right of Way Plat No. 55-
49 as the same is on file and of record in the office of said County
Recorder; thence northwesterly on an azimuth of 311 degrees 43
minutes 43 seconds along the boundary of said plat for 214.95 feet
to Right of Way Boundary Corner B4 and the point of beginning of
Line 1 to be described; thence on an azimuth of 131 degrees 43
minutes 43 seconds along the boundary of said plat for 6.53 feet;
thence northerly for 101.00 feet on a non-tangential curve, concave
to the east, having a radius of 492.91 feet, a delta angle of 11 .
degrees 44 minutes 25 seconds, and a chord azimuth of 354
degrees 30 minutes 22 seconds; thence on azimuth of 00 degrees
22 minutes 35 seconds for 37.17 feet; thence southwesterly for
19.02 feet on a non-tangential curve, concave to the northwest,
having a radius of 183.59 feet, a delta angle of 05 degrees 56
minutes 06 seconds, and a chord azimuth of 224 degrees 20
minutes 44 seconds; thence on an azimuth of 227 degrees 18
minutes 48 seconds for 74.07 feet, more or less, to the boundary of
said Plat No. 55-49; thence southeasterly for 100.20 feet along the
boundary of said plat on a non-tangential curve, concave to the
northeast, having a radius of 1382.40 feet, a delta angle of 04
degrees 09 minutes 10 seconds, and a chord azimuth of 133
2
degrees 49 minutes 48 seconds, to the point of beginning.
That part of Tract A described below:
Tract A. Lot 2, REPLAT OF OUTLOT 1 and Block 1 of REPLAT OF
BIELENBERG AND GIESE FOURTH ADDITION, according to the
plat thereof on file and of record in the office of the County Recorder
in and for Olmsted County, Minnesota;
Which lies within Line 1 described below:
Line 1. Beginning at Right of Way Boundary Corner B7 as shown as
Minnesota Department of Transportation Right of Way Plat No. 55-
49 as the same is on file and of record in the office of said County
Recorder; thence easterly on an azimuth of 91 degrees 36 minutes
36 seconds along the boundary of said plat for 79.00 feet to Right of
Way Boundary Corner B6; thence on an azimuth of 49 degrees 11
minutes 06 seconds for 51.31 feet; thence northwesterly for 71.09
feet on a non-tangential curve, concave to the northeast, having a
radius of 1482.40 feet, a delta angle of 02 degrees 44 minutes 52
seconds, and a chord azimuth of 320 degrees 20 minutes 38
seconds; thence southwesterly for 113.41 feet on a non-tangential
curve, concave to the southeast, having a radius of 255.28 feet, a
delta angle of 25 degrees 27 minutes 15 seconds, and a chord
azimuth of 220 degrees 05 minutes 28 seconds, to the point of
beginning.
And
That part of Tract A described below:
Tract A. Lot 14, Block 2, THOMAS FIRST ADDITION TO THE CITY OF
ROCHESTER, according to the plat thereof on file and of record in
the office of the County Recorder in and for Olmsted County,
Minnesota;
Which lies within Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B6 as shown on
Minnesota Department of Transportation Right of Way Plat No. 55-
49 as the same is on file and of record in the office of said County
Recorder; thence northeasterly on an azimuth of 49 degrees 11
minutes 06 seconds along the boundary of said plat for 151.31 feet
to Right of Way Boundary Corner 135; thence northwesterly for 44.09
feet on a non-tangential curve, concave to the northeast, having a
radius of 1382.40 feet, a delta angle of 01 degrees 49 minutes 38
seconds, and a chord azimuth for 319 degrees 52 minutes 05
seconds, to the point of beginning of Line 1 to be described; thence
3
easterly for 65.43 feet on a non-tangential curve, concave to the
south, having a radius of 255.28 feet, a delta angle of 14 degrees 41
minutes 11 seconds, and a chord azimuth of 83 degrees 22 minutes
13 seconds; thence on an azimuth of 90 degrees 42 minutes 48
seconds for 19.16 feet; thence on an azimuth of 227 degrees 18
minutes 48 seconds for 68.83 feet, more or less, to the boundary of
said Plat No. 55-49; thence northwesterly for 51.62 feet on a non-
tangential curve, concave to the northeast, having a radius of
1382.40 feet, a delta angle of 02 degrees 08 minutes 22 seconds,
and a chord azimuth of 319 degrees 42 minutes 43 seconds to the
point of beginning.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the following
condition:
1. The public easements for the existing public utilities and drainage within the
area being vacated shall be retained.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 1r1 'a D 0 , 2010.
r IDENT OF SAID COMMON COUNCIL
ATTEST: 5��AA14h
o5nu-rY CITY CLERk 0
APPROVED THIS DAY OF 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zonel Wacate\ROW.1008
4