HomeMy WebLinkAboutResolution No. 294-04 qg--off -
RESOLUTION
WHEREAS, Badger Village Townhomes, LLC, initiated a proceeding to vacate a one-foot
by four-foot portion of a 30-foot wide utility easement across Lot 21, Block 1, Badger Village
Townhomes located on property south of Appleton Lane N.W., north of Monroe Drive N.W., and
west of Superior Drive N.W.; and,
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper once, but not less than ten days prior to the hearing, gave notice that the petition had
&en filed, provided a brief statement of the nature of the request, and stated that the petition
uld be heard and considered by the Common Council at,a public hearing at 7:00 p.m. on
June 7, 2004; and
WHEREAS, on June 7, 2004, the Council convened to investigate and consider the
matter of the vacation of a portion of the 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 Department staff, 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 citizens and all other members of the public to vacate a
portion of the utility easement.
NOW, THEREFORE, BE IT RESOLVED by. the Common Council of the City of
Rochester that the following easement is hereby vacated and abandoned:
That part of an existing utility easement across Lot 21, Block 1, BADGER
VILLAGE TOWNHOMES, according to the plat thereof on file at the County
Recorder's Office, Olmsted County, Minnesota, described as follows:
1
•
• Commencing at the northeast corner of said Lot 21; thence westerly on a •
Minnesota State Plane Grid Azimuth from north of 291 degrees 59 minutes 24
seconds along the north line of said Lot 21, a distance of 9.02 feet; thence
southeasterly 142 degrees 27 minutes 47 seconds azimuth 3.30 feet to the point
of beginning; thence continue southeasterly 142 degrees 27 minutes 47 seconds
azimuth 4.00 feet; thence northeasterly 52 degrees 27 minutes 47 seconds
azimuth 1.00 feet thence northwesterly 322 degrees 27 minutes 47 seconds
azimuth 4.00 feet; thence southwesterly 232 degrees 27 minutes 47 seconds
azimuth 1.00 feet to the point of beginning.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The applicant must dedicate a new utility easement over all of Lot 37, Block
1, Badger Village townhomes.
2. The applicant must not record this resolution until such time as the
applicant dedicates a new utility easement.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS h DAY OF 6Z01-IF , 2004.
SIDENT OF SAID COMMON COUNCIL
ATTEST:
CI CLERK
APPROVED THIS &h DAY OF , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zon a 2000\Vacate.e a se ment.0405
2
L,- SEMENT VACAT10.
PART OF LOT 21, BLOCK 1
■ BADGER VILLAGE TOWNHOMES
I OLMSTED COUNTY, MINNESOTA
0 5 MONUMEN
TS
10 20
EARINGS o Set 1/2" P,ebars
Bearings are Minnesota State 0 Set 3/4" -iron Pipes
SCALE IN FEET Plane Grid Azimuths measured
to the right from grid north. • Found Monuments
\ (Pipe, Rod, Etc.)
APP LETO N All monuments set have a plastic
cap stamped L.S. 41887.
LANE N.W.
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2004
_v`c-
PLA."vN1 V C�E_`.S WTED
D.E. = DRAINAGE EASEMENT �Rr.�Evr
DESCRIPTION OF LOT 21 U.E. = UTILITY EASEMENT
Lot 21, Block 1, BADGER VILLAGE TOWNEHOMES, according to the plat
thereof on file at the County Recorder office, Olmsted County, Minnesota.
OIECT NUMBER 8108 THEREBY CERTIFY THAT=`[ (� RVEY,PUN OR ENGINEERS-ARCHITECTS
8108 CcRT07.0WC '� 1
All
REPORT WAS PREPARED BY,i�E OR UNDER MY
T-'— URVEY 07/07/03 DIRECT SUPERVISION AND i"i T 1 AM A DULY SURVEYORS• PLANNERS
LICENSED LAND SURVEYOR UNDER TH.E LAWS LANDSCAPE ARCHITECTS
OF THE STATE OF MINNESOTA+
;FTED BY JRP
717 THIRD AVE. S.E.
VEYED BY PETER G.OETLIKER LICENSEE EXPIRES 6/30/04 ROCHESTER,MN
YCA 507-288-6464
VE1'ED FOR FAX:507-288-5058 x• y
3ADGER DEVELOPMENT 11 DATF LLC 41867 E-MAIL:INFOQYACCY.COM
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