HomeMy WebLinkAboutResolution No. 530-05 •
RESOLUTION
WHEREAS, Senior Housing Partners initiated a proceeding to vacate portions of the
utility and drainage easements located within Lot 1 and 2, Block 1, The Homestead First Replat.
The property is located along the west side of 18 th Avenue N.W., and along the north side of 55 th
Street 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
• been filed, provided a brief statement of the nature of the request, and stated that the petition
would be heard and considered by the Common Council at a public hearing at 7:00 p.m. on
October 17, 2005; and,
WHEREAS, on October 17, 2005, the Council convened to investigate and consider the
matter of the vacation 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 utility easement over the hereinafter described property is hereby vacated
and abandoned:
That part of the utility easement located in Lot 1 and Lot 2, Block 1, THE
HOMESTEAD FIRST REPLAT, Rochester, Minnesota, as dedicated on THE
,
• HOMESTEAD, Rochester, Minnesota, which lies within a distance of 10.00 feet on
each side of the following described line:
Commencing at the northeast corner of Lot 3, Block 1, THE HOMESTEAD FIRST
REPLAT; thence South 89 degrees 00 minutes 22 seconds West, assumed
bearing, along the north line of said Lot,3, and,its westerly projection, 392.15 feet
for the point of beginning of the line to be described; thence North 00 degrees 59
minutes 38 seconds West, 51.58 feet; thence South 89 degrees 00 minutes 22
seconds West, 20.00 feet; thence North 89 degrees 00 minutes 22 seconds East,
20.00 feet; thence North 00 degrees 59 minutes 38 seconds West, 14.99 feet;
thence North 36 degrees 46 minutes 18 seconds West, 137.99 feet; thence North
48 degrees 02 seconds East, 25.00 feet; thence South 48 degrees 42 minutes 02
seconds West, 25.00 feet; thence North 36 degrees 46 minutes 18 seconds West,
208.78 feet; thence north 65 degrees 17 minutes 34 seconds West, 30.00 feet and
there terminating.
ALSO:
These parts of the utility and drainage easements across Lot 2, Block 1, THE
HOMESTEAD FIRST REPLAT, Rochester, Minnesota, as dedicated on THE
HOMESTEAD, Rochester, Minnesota, described as follows:
• Commencing at the northeast corner of Lot 3, Block 1, THE HOMESTEAD FIRST
REPLAT; thence South 89 degrees 00 minutes 22 seconds West, assumed
bearing, along the north line of said Lot 3 and its westerly extension, 246.15 feet
for the point of beginning; thence North 00 degrees 59 minutes 38 seconds West,
22.00 feet; thence South 89 degrees 00 minutes 22 seconds West, 136.00 feet;
thence South 00 degrees 59 minutes 38 seconds East, 22.00 feet; thence South
89 degrees 00 minutes 22 seconds West, 86.00 feet; thence North 00 degrees 59
minutes 38 seconds West 17.97 feet; thence South 55 degrees 03 minutes 22
seconds West, 86.24 feet; thence South 04 degrees 46 minutes 17 seconds West,
32.86 feet; thence South 34 degrees 58 minutes 03 seconds East, 110.38 feet;
thence North 89 degrees 00 minutes 22 seconds East, 54.06 feet; thence South
25 degrees 10 minutes 24 seconds East, 136.96 feet; thence North 00 degrees 59
minutes 38 seconds West, 257.36 feet; thence North 89 degrees 00 minutes 22
seconds East, 125.00 feet; thence North 00 degrees 59 minutes 38 seconds West,
22.00 feet to the point of beginning.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF (36cbt, - , 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: C�2
O-epUi�F CITY LE
APPROVED THIS j $ 1 DAY OF , 2005.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
• Zone05\Vacate\Easement.0505
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