HomeMy WebLinkAboutResolution No. 620-05 w
RESOLUTION
WHEREAS, Maine Street Development Company of Rochester, LLC, initiated a
proceeding to vacate a portion of the 'bid" St. Bridget Road/CSAH No. 20 right-of-way lying north
and south of the south line of the Northeast Quarter of Section 26 and east of the west line of
the East Half of Section 26, Rochester Township, in the City of Rochester; and,
• WHEREAS, the property is located west of the new St. Bridget/CSAH No. 20, east of
Highway 63 and between 40th Street S.E., and 45th Street S.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 December 12, 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 December 12, 2005; and
WHEREAS, the Common Council convened on December 12, 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 the existing C.S.A.H. No. 20, situated in the East Half of the Northeast
Quarter and the Northeast Quarter of the Southeast Quarter, all in Section 26,
Township 106 North, Range 14 West, Olmsted, Minnesota, which lies
southeasterly of the southeasterly right-of-way line (between right-of-way
monuments B26, B27) of Trunk Highway No. 63, according to MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 55-44, and
northwesterly of the westerly right-of-way line of the new C.S.A.H. No. 20,
according to MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY PLAT NO. 55-46.
EXCEPT a part thereof lying southwesterly and northerly of a line described as
follows: Commencing ,at said right=of-way monument B27 of said MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 55-44;
thence northeasterly on a Minnesota State Plane Grid Azimuth from north of 43
degrees 17 minutes 58 seconds along the southeasterly right-of-way line of said
Trunk Highway No. 63 a distance of 31.99 feet to the point of beginning; thence
southeasterly 143 degrees 56 minutes 20 seconds azimuth 164.73 feet; thence
westerly 269 degrees 19 minutes 47 seconds azimuth 19.52 feet to the
southwesterly right-of-way line of said C.S.A.H. No. 20 and there terminating.
• AND ALSO EXCEPT a part thereof lying easterly, northeasterly and northerly of a
line described as follows: Commencing at said right-of-way monument B26 of said
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT
NO. 55-44; thence southwesterly on a Minnesota State Plane Grid Azimuth from
north of 223 degrees 17 minutes 58 seconds along the southeasterly right-of-way
line of said Trunk Highway No. 63 a distance of 36.56 feet to the point of
beginning; thence southerly 185 degrees 14 minutes 00 seconds azimuth 17.13
feet; thence southeasterly 83.52 feet along a nontangential curve concave
southwesterly, having a radius of 954.93 feet, a central angle of 05 degrees 00
minutes 40 seconds and a chord azimuth of 135 degrees 14 minutes 02 seconds,
to the south line of the Northeast Quarter of the Northeast Quarter of said Section
26; thence easterly 90 degrees 11 minutes 34 seconds azimuth along said south
line 63.21 feet to the northeasterly right-of-way line of C.S.A.H. 20 and there
terminating.
TOGETHER WITH that part of the Garden Drive S.E., SOUTH BROADWAY
BUSINESS CENTER FIRST ADDITION, according to the plat thereof on file at the
County Recorder's office, Olmsted County, Minnesota, described as follows:
Beginning at the most southerly corner of Lot 1, Block 1, said SOUTH
BROADWAY BUSINESS CENTER FIRST ADDITION; thence northeasterly on a
Minnesota State Plane Grid Azimuth from north of 53 degrees 59 minutes 16
seconds along the northwesterly right-of-way line of said Garden Drive S.E. 242.50
• feet; thence southwesterly 218.69 feet on a nontangential curve concave
southeasterly, having a radius of 350.00 feet, a central angle of 35 degrees 47
minutes 58 seconds and a chord azimuth of 216 degrees 05 minutes 17 seconds,
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to the southeasterly right-of-way line of said Garden Drive S.E.; thence
• southwesterly 233 degrees 59 minutes 17 seconds azimuth along said
southeasterly right-of-way line 12.12 feet; thence westerly 281 degrees 16 minutes
01 second azimuth 46.37 feet to the northeasterly right-of-way line of said C.S.A.H.
No. 20; thence northwesterly 37.13 feet along a nontangential curve concave
southwesterly, having a radius of 1004.93 feet, a central angle of 2 degrees 07
minutes 00 seconds and a chord azimuth of 322 degrees 18 minutes 54 seconds
to the south line of the Northeast Quarter of the Northeast Quarter of Section 26,
Township 106 North, Range 14 West, said Olmsted County; thence easterly 90
degrees 11 minutes 34 seconds azimuth along said south line 8.54 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. The applicant must dedicate public easement(s) for the street alignment
and associated utilities.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 12161 LD10F , 2005.
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PRESIDENT OF SAID COMMON COUNCIL
ATTEST: z,
CITY C ERK
APPROVED THIS /3�4 DAY OF 2005.
MAYOR OF SAID CITY
(Seal of th'e City of
Rochester, Minnesota)
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