HomeMy WebLinkAboutResolution No. 508-05 ZO
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RESOLUTION
WHEREAS, Franklin P. Kottschade initiated a proceeding to vacate a part of 23`d Street
N.E., lying adjacent to Lot 40, the Christensen-Sehl Subdivision.
WHEREAS, the property is located west of Highway 63 (North Broadway) and south of
• Riverview Height Drive N.E.; 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 3, 2005; 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 3, 2005; and
WHEREAS, the Common Council convened on October 3, 2005, 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 are hereby vacated and abandoned:
That part of 23`d Street NE lying adjacent to Lot 40, THE CHRISTENSEN-SEHL
SUBDIVISION, Rochester, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 40; thence North 89 degrees 04
minutes 23 seconds East, along the north line of said Lot 40, a distance of 57.02
feet; thence South 64 degrees 30 minutes 01 second East, along the northeasterly
line of said Lot 40 a distance of 9.93 feet for the point of beginning; thence North
27 degrees 59 minutes 54 seconds East, 25.14 feet; thence South 62 degrees 00
minutes 06 seconds East, 142.11 feet; thence South 27 degrees 59 minutes 54
seconds West, 18.93 feet to the northeasterly line of said Lot 40; thence North 64
degrees 30 minutes 02 seconds West, along said northeasterly line, 142.24 feet to
the point of beginning.
BE IT FURTHER RESOLVED that, prior to the recording of this resolution, the applicant
must complete the following actions:
1. Obtain City approval for a plan for the turn-around on the northwest corner
of the Applicant's property.
2. Dedicate the applicable public easement/right-of-way for the turn-around.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
• ROCHESTER, MINNESOTA, THIS&ec D/khOF CMD�(,Z-- 9 , 2005.
F
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: �
CI C ERK
APPROVED THIS --Rk)_ DAY OF , 2005.
MAYOR OF SAID CITY
(Seal of the City of
Ro6h"ester, Minnesota)
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