HomeMy WebLinkAboutResolution No. 463-06 C
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RESOLUTION NO.
WHEREAS, Platinum Development initiated a proceeding to vacate the southerly five feet
of right-of-way for Eastwood Road from 40th Avenue S.E., and extending approximately 1494
feet; 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 September 6, 2006; 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 September 6, 2006; and
WHEREAS, the Common Council convened on September 6, 2006, 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:
• A 5`.00 foot strip of land lying in the North Half of the Northeast Quarter of Section
8, Township 106 North, Range 13 West, Olmsted County, Minnesota, adjoining
and lying northerly of the following described line:
Commencing at the northeast corner of said Northeast Quarter; thence southerly
on a Minnesota State Plane Grid Azimuth from north of 179 degrees 32 minutes
42 seconds along the east line of said Northeast Quarter 33.00 feet to the
southerly right-of-way line of Eastwood Road S.E., and point of beginning; thence
westerly 270 degrees 25 minutes 03 seconds azimuth, along said southerly right-
of-way line being 33.00 south of and parallel with the north line of said Northeast
Quarter, 1494.96 feet to the boundary of ROCHESTER TOWNE CLUB, according
to the plat thereof on file at the County Recorder's office, and said line there
terminating.
BE IT FURTHER RESOLVED that this vacation is subject to the condition that the
applicant dedicate a 15-foot wide utility easement along the entire frontage within the Rochester
Towne Club Villas subdivision plat (#06-17).
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS L7/74 DAY OF �IcM82R-- , 2006.
P SIDENT OF SAID COMMON COUNCIL
*ATTEST:
CITY C ERK
APPROVED THIS DAY OF l�B , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo ne05\Vacate\ROW.0606
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