HomeMy WebLinkAboutResolution No. 623-05 r
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RESOLUTION
WHEREAS, Weatherstone Development, LLC, initiated a proceeding to vacate a portion
of the 32-foot wide utility easement located within the roadway to be known as Weatherstone
Drive N.W., within Lot 11, Block 2, and a portion of Lot 1, Block 3, in the proposed Weatherstone
West Subdivision. The property is located west of 50th Avenue N.W., and south of 65th Street
N.W.; and,
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
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ewspaper once, but not less than ten days prior to the hearing, gave notice that the petition had
een 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
December 12, 2005; and,
WHEREAS, on December 12, 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 32.00 foot easement for public utility purposes over, under and
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across a part of the Southwest Quarter of the Northeast Quarter and a part of the
• Northwest Quarter of the Southeast Quarter, all in Section 7, Township 107 North,
Range 14 West, Olmsted County, Minnesota. Said easement lies within a
distance of 10.00 feet to the right and 22.00 feet to the left of the following
described line:
Commencing at the southeast corner of the Southeast Quarter of said Section 7;
thence North 00 degrees 14 minutes 04 seconds West, assumed bearing, along
the east line thereof, 1028.95 feet to the northerly line of the DNR DOUGLAS
TRAIL; thence North 54 degrees 55 minutes 28 seconds West, along said
northerly line, 2870.09 feet; thence North 64 degrees 15 minutes 40 seconds East,
217.63 feet for the point of beginning of the line to be described; thence continue
North 64 degrees 15 minutes 40 seconds East, 137.85 feet to a point hereinafter
referred to as Point "A"; thence South 20 degrees 51 minutes 40 seconds East,
250.61 feet; thence South 45 degrees 12 minutes 38 seconds East, 83.73 feet;
thence South 68 degrees 51 minutes 51 seconds East, 83.73 feet; thence North
87 degrees 19 minutes 21 seconds East, 250.93 feet; thence South 70 degrees 05
minutes 40 seconds East, 43.60 feet to a point hereinafter referred to as Point "B";
thence continue South 70 degrees 05 minutes 40 seconds East, 33.23 feet to a
point hereinafter referred to as Point "C"; thence South 46 degrees 57 minutes 01
second East, 11.62 feet to the westerly line of WEATHERSTONE COMMON
INTEREST COMMUNITY NUMBER 166 FIRST. REPLAT and there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate on
• . the westerly line of said REPLAT and on a line bearing North 54 degrees 55
minutes 28 seconds West and South 54 degrees 55 minutes 28 seconds East
from the point of beginning.
ALSO:
A 20.00 foot easement for public utility purposes over, under and across a part of
the Southwest Quarter of the Northeast Quarter of the above described Section 7,
which lies within a distance of 10.00 feet on each side of the following described
line:
'Commencing at the above described Point "A"; thence North 04 degrees 59
minutes 39 seconds East, 15.76 feet for the point of beginning of the line to be
described; thence North 41 degrees 52 minutes 18 seconds West, 30.00 feet and
there terminating.
ALSO:
A 20.00 foot easement for public utility purposes over, under and across a part of
the Northwest Quarter of the Southeast Quarter of the above described Section 7,
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which lies within a distance of 10.00 feet on each side of the following described
• Line "1" and line "2":
LINE "1":
Commencing at the above described Point `;B", thence North 19 degrees 54
minutes 20 seconds East, 22.00 feet for the point of beginning of the line to be
described; thence continue North 19 degrees 54 minutes 20 seconds East, 11.33
feet and there terminating.
LINE "2":
Commencing at the above described Point "C"; thence North 31 degrees 28
minutes 40 seconds East, 11.74 feet; thence North 46 degrees 57 minutes 04
seconds West, 3.06 feet for the point of beginning of the line to be described;
thence North 43 degrees 02 minutes 59 seconds East, 25.30 feet and there
terminating.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /.Zt6 DAY OF Z)t5-CVnZV-- , 2005.
` PRESIDENT OF SAID COMMON COUNCIL
ATTEST: K/
ITY CLERK
APPROVED THIS DAY OF , 2005.
MAYOR OF SAID CITY
(Seal of the City of
Rochester;'Minnesota)
'Zone05\Vacate\Easement.0510 'r"