HomeMy WebLinkAboutResolution No. 037-04 1
' IIIII I IIII I III II IIIII I III I III
• OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota
I hereby certify that this document was filed in this office
on 1/26/2004 at 9:00:00 AM and was duly
recorded as document number A-1009275
DANIEL J.HALL—County Recorder,by Deputy.
_P
Well Certificate:_Received _Not Required
Abstr.— yes_ no_
Fees:
Total $20.00
Received from/return to:
ROCHESTER CITY CLERK
Nvi 5 -►�
a -1O RESOLUTION
WHEREAS, DLT Partners LLC initiated a proceeding to vacate the public road right-of-
way dedicated for Third Avenue N.W., south of 31st Street N.W. The roadway has been
abandoned. The right-of-way is located south of 31st Street N.W., and is approximately 582 feet
in length; and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the
Cityof Rochester that this petition would be heard and considered
,by p by the Common Council at a
public hearing at 7:00 p.m. on January 5, 2004; 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 January 5, 2004; and
WHEREAS, the Common Council convened on January 5, 2004, and 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 interest 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 Northwest Quarter of the Southeast Quarter of Section 23,
Township 107 North, Range 14 West, Olmsted County, Minnesota, described as
follows:
Beginning at the northeast corner of RIVERVIEW WEST FIRST REPLAT,
according to the plat thereof on file at the County Recorder's Office, Olmsted
County, Minnesota; thence westerly on an assumed azimuth from grid north of 270
degrees 51 minutes 00 seconds along the north line of said RIVERVIEW WEST
FIRST REPLAT 380.25 feet to the northwest corner of said RIVERVIEW WEST
FIRST REPLAT and the west line of the Southeast Quarter of said Section 23;
thence northerly 358 degrees 26 minutes 00 seconds azimuth along said west line
585.72 feet to the southerly right-of-way line of 31 st Street NW; thence easterly 86
degrees 39 minutes .58 seconds azimuth along said southerly right-of-way line
33.02 feet to the easterly right-of-way line of Third Avenue NW; thence northerly
358 degrees 26 minutes 00 seconds azimuth along said easterly right-of-way
198.09 feet to the easterly extension of the north line of ELTON HILLS EAST
NINTH SUBDIVISION, according to the plat thereof on file at the County
Recorder's office, Olmsted County, Minnesota; thence easterly along said easterly
extension to the westerly right-of-way line of West River Parkway NW; thence
. southerly along said westerly right-of-way line to the point of beginning,
Except for the westerly 45 feet thereof, which is being retained as a
drainage and utility easement.
Said tract contains 4.8 acres more or less.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS (5M — DAY OF LYAWW, , 2004.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
CIs`.� YED THIS &7,;V DAY OF ��� 2004.
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!1 - MAYOR OF SAID CITY
!Bl$al of the'City of
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