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HomeMy WebLinkAboutResolution No. 588-04 � -LILL vas=o RESOLUTION WHEREAS, AC PEMWEST, LLC, initiated a proceeding to vacate portions of Technology Drive N.W., and the ten foot utility easement which lies along the east line of Lot 1, Block 1, Rochester Technology Park Second. The property is located east of West Circle Drive N.W. and west of PEMSTAR; 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 November 15, 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 November 15, 2004; and WHEREAS, the Common Council convened on November 15, 2004, and investigated and considered the matter of the vacation of the right-of-way and 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 right-of-way and easement 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 TECHNOLOGY DRIVE NW as dedicated on ROCHESTER TECHNOLOGY PARK SECOND, Rochester, Minnesota, described as follows: Commencing at the southwest corner of said ROCHESTER TECHNOLOGY PARK SECOND; thence North 87 degrees 09 minutes 39 seconds East, assumed bearing, along the south line thereof, 80.45 feet for the point of beginning; thence continue North 87 degrees 09 minutes 39 seconds East along said south line, 226.48 feet; thence North 14 degrees 06 minutes 18 seconds West, 14.13 feet.,- thence northwesterly and westerly 47.11 feet along a tangential curve, concave southwesterly, radius of 30.00 feet and a central angle of 89 degrees 57 minutes 56 seconds; thence South 75 degrees 55 minutes 46 seconds East, tangent to said curve, 192.13 feet to the point of beginning. ALSO: That part of TECHNOLOGY DRIVE NW as dedicated on ROCHESTER TECHNOLOGY PARK SECOND, Rochester, Minnesota, described as follows: Beginning at the southwest corner of Lot 1, Block 2, in said ROCHESTER • TECHONOLOGY PARK SECOND; thence North 01 degrees 09 minutes 07 seconds West, assumed bearing, along the west line of said Lot 1, a distance of 394.18 feet; thence northeasterly 152.05 feet along the northwesterly line of said Lot 1 and along a tangential curve, concave to the southeast, central angle of 89 degrees 48 minutes 44 seconds and a radius of 97.00 feet; thence South 88 degrees 39 minutes 37 seconds West, not tangent to said curve, 131.00 feet to the westerly line of said TECHNOLOGY DRIVE NW; thence southwesterly 103.36 feet along said westerly line and along a tangential curve, concave to the southeast, central angle of 36 degrees 19 minutes 53 seconds, radius of 163.00 feet and the chord of said curve bears South 17 degrees 00 minutes 49 seconds West, 101.64 feet; thence South 01 degrees 09 minutes 07 seconds East, along said westerly line and tangent to said curve, 236.47 feet; thence South 14 degrees 06 minutes 18 seconds East, 162.72 feet to the south -line of said ROCHESTER TECHNOLOGY PARK SECOND; thence North 87 degrees 09 minutes 39 seconds East, along said south line, 29.54 feet to the point of beginning. Together with: The 10.00 feet utility easement which lies along the east line of Lot 1, Block 1, ROCHESTER TECHNOLOGY PARK SECOND. • • PASSED AND ADOPTED BY THECOMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF 430 _, 2004. 0 P IDENT OF SATO COMMON COUNCIL ATTEST: -� CITY CLERK APPROVED THIS DAY OF 2004. ell, 7Z MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zo6s2000\Vacate.ROW.0417