HomeMy WebLinkAboutResolution No. 148-07 ` 8. 07
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RESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate the stteet/right-of-way
easement over First Street S.W., between First Avenue S.W., and Second Avenue S.W.; 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 April 2, 2007; 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 April 2, 2007; and
WHEREAS, the Common Council convened on April 2, 2007, 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 right-of-way described on the attached Exhibit A, a copy of which is attached
and incorporated herein, is hereby vacated and abandoned.
•
•
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. A Drainage and/or Utility Easement shall be dedicated by the abutting
owners as determined by the Rochester Public Works Department.
2. The resolution of approval must not be recorded until such time as the
dedication of a drainage and/or utility easement by the abutting owners as
determined by Rochester Public Works Department has been completed.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF. THE CITY OF
ROCHESTER, MINNESOTA, THIS ZJJ DAY OF qPA , 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST�W,4,Aouj
CI CL RK
• APPROVED THIS y�-J DAY OF AhOA , 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\Vacate\ROW.7-002
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LEGAL DESCRIPTION
Vacation Petition #R2007-002VAC
First Street SW
Easement No . 2
An easement for all lawful public street purposes over,
under, and across the following described tract :
commencing at the northwest corner of said Block 24 ,
Original Plat of Rochester, Minnesota ; thence northerly
along the west line of said vacated First Street S .W. a
distance of 13 . 00 feet for a point of beginning ; thence
continue northerly along said west line, 14 . 50 feet ;
thence South 89 degrees 59 minutes 27 seconds East,
parallel with the north line of said Block 24 a distance
• of 23 . 00 feet ; thence southerly, parallel with the west
line . of said vacated First Street S . W. , 14 . 50 feet;
thence North 89 degrees 59 minutes 27 seconds West ,
23 . 00 feet to the point of beginning, excepting
therefrom that part thereof which lies below that
certain horizontal plane, the elevation of which is
988 . 0 feet (N. G .V. D. , 1929 adjustment) .
Easement No , 3
An easement for all lawful public street purposes over,
under, and across all that part of the following
described tract which lies above that certain horizontal
plane, the elevation of which is 999 . 0 feet (N . G .V. D . ,
1929 adjustment) , to wit
EXHIBIT
• commencing at the northwest corner of Lot 10 in said
Block 24 , Original Plat' of Rochester, Minnesota ; thence
North 89 degrees 59 minutes 27 seconds West , assumed
bearing, along the north ' line of said Block 24 a
distance of 9 . 00 ' feet for a point of beginning ; thence
North 00 degrees 02 minutes 04 seconds West, ; 15 . 00 feet ;
thence North 89 degrees 59 minutes 27 seconds West ,
36 . 00 feet ; thence North 00 degrees 02 minutes 04
seconds West, 22 . 50 feet to the centerline of vacated
First Street S .W. ; thence South 89 degrees 59 minutes 27
seconds East, along said centerline, 113 . 00 feet more or
less to the west line of vacated First Street S .W. ;
thence southerly along the west line of vacated First
Street S .W. , 10 . 00 feet ; thence South . 89 degrees 59
minutes 27 seconds East, 23 . 00 feet ; thence southerly,
parallel with the west line of said vacated First Street
S . W. , 27 . 50 feet more or less to the north line of said
Block 24 ; thence South 69 degrees 59 minutes 27 seconds
East along- said north line, 126 . 00 feet more or less to
the point of beginning, excepting therefrom that part of
the most easterly 7 . 00 feet thereof which lies above
that certain horizontal plane, the elevation of which is
• 1017 . 5 feet (N . G . V. D . , 1929 adjustment) .
Easement No . 4
An easement for all lawful public street purposes over,
under., and across the following described tract :
Commencing at the northwest corner of Lot 10 , Block 24 ,
in said Original Plat of Rochester, Minnesota ; thence
North 00 degrees 02 minutes 04 seconds West',' assumed
bearing, along the northerly prolongation of the west
line of said Lot 10 , a distance of 15 . 00 feet ; thence
North 89 degrees 59 minutes 27 seconds West , 9 . 00 feet
to the northerly prolongation of the centerline of the
north-south alley (now vacated) in said Block 24 for a
point of beginning ; thence North- 00 degrees 02 minutes
04 seconds West along said line, 22 . 50 feet to the
centerline of vacated First Street S .W. , thence North 89
degrees 59 minutes 27 seconds West along said
centerline , 36 . 00 feet ; thence South 00 degrees 02
minutes 04 seconds East , 22 . 50 feet ; thence South 89
degrees 59 minutes 27 seconds -East , 36 . 00 feet to the
point of beginning, excepting therefrom that part of the
east 7 : 00 feet thereof which lies above that certain
* horizontal plane , the elevation of which is 1017 . 5 feet
(N. G.V. D. , 1929 adjustment) .
Easement No . 4
An easement for all lawful public street purposes over,
under and across the following described tract:
Commencing at the northwest corner of Lot 10 , ° Block 24 ,
in said original Plat of Rochester, Minnesota ; thence
North 00 degrees 02 minutes 04 seconds West, assumed
bearing, along the northerly prolongation of the west
line of said Lot 10 , a distance of. 15 . 00 feet for a
point of beginning ; thence North 89 degrees 59 minutes
27 seconds West, 9 . 00 feet to the northerly prolongation
of the centerline of the north--south alley (now vacated)
in said Block 24 ; thence North 00 degrees 02 minutes 04
seconds West along said line, 22 : 50 feet to the
centerline of vacated First Street S .W'. ; thence North 89
degrees 59 minutes 27 seconds West along said
centerline , 36 . 00 feet ; thence North 00 degrees 02
minutes 04 seconds West, 32 . 50 feet, ' thence South 89
degrees 59 minutes 27 seconds East, 45 . 00 feet; thence
South 00 degrees 02 minutes 04 seconds east, 55 . 00 feet
to the point of beginning, excepting therefrom that part
of the east 16 . 00 feet thereof which lies above that
certain horizontal plane, the elevation of which is
1017 . 5 feet (N. G.'V. D. , 1929 adjustment) .
• Easement No . 5
An easement for all lawful public street purposes over,
under and across . that part of the following described
tract which lies above that certain horizontal plane,
the elevation of which is 997 . 7 feet (N. G .V. D. , 1929
adjustment) , to wit :
Beginning at the northeast corner of said Block 24 ,
Original Plat of Rochester, Minnesota ; thence North 00
degrees 01 minutes 08 - seconds West, assumed bearing,
along the northerly projection of the east line of said
Block 24 a distance of . 12 . 00 feet ; thence South 89
degrees 58 minutes 52 seconds West, 8 . 00 feet; thence
North 00 degrees 01 minutes 08 seconds West, 63 . 00 feet
to the north line of First Street S .W. ; thence South 89
degrees 58 - minutes 52 seconds West along said south line
122 . 20 feet to a point in the northerly prolongation of
the west line of Lots 10 , 11, and 12 in said Block 24 ;
thence South 00 degrees 02 minutes 04 seconds 'East along
said line, 60 . 00 feet ; thence North 89 degrees 59
minutes 27 seconds West, 9 . 00 feet; thence South 00
degrees 02 minutes 04 seconds East, 4 . 00 feet, thence
South 89 ' degrees 59 minutes 27 seconds East, 72 . 66 feet;
• thence South 00 degrees 02 minutes 04 seconds East,
ll . 00 feet to the north line of said Block 24 ; thence
South 89 degrees 59 minutes 27 seconds East along said
north line, 66 . 52 feet more or less to the point of
beginning, excepting therefrom that part of the most
westerly 9 . 00 feet thereof which lies above that certain
horizontal plane, the elevation of which is 1017 . 5 feet
(N. G.V. D. , 1929 adjustment) .
Easement No . 6
An easement for all lawful public street purposes over,
under and across all that part of the following
described tract which lies above that certain horizontal
plane, the elevation of which is 999 . 0 feet (N. G. V. D. ,
1929 adjustment) , to wit :
Commencing at the northwest corner of Lot 10 in said
Block 24 , Original Plat of Rochester, - Minnesota; thence
North 89 degrees 59 minutes 27 seconds West, assumed
bearing, along the north line of said Block 24 a
distance of 9 . 00 feet; thence North 00 degrees 02
minutes 04 seconds West, 15 . 00 feet ; ' thence North 89
degrees 59 minutes 27 seconds West, 36 . 00 feet; thence
North 00 degrees 02 minutes 04 seconds West, 22 . 50 feet
• for a point of beginning; thence continue North- 00
degrees 02 minutes 04 seconds West, 32 . 50 feet; thence
South 89 degrees 59 minutes 27 seconds East , 29 . 00 feet;
thence North 00 de '
degrees, 02 Minutes 04 seconds West, 5 . 00
feet more or less to - the north line of First Street
S .W. ; thence North 89 degrees 5g
g mlnutes 27 seconds West
along said north . line , 142 feet more or less to the
southwest corner of Block 31 in said Original Plat;
thence southerly along the - west line of vacated First
Street S . W. , 37 , 50 feet; thence South 89 degrees 59
minutes 27 seconds. East' .113 . 00feet more or less to the
point of beginning.
Easement No , 7
An easement for all lawful public street purposes over,
under, and across all that part of the following
described tract which lies above that certain horizontal
plane , the elevation of which ' is 998 . 3 feet (N.G. V. D. ,
1929 adjustment) to wit :
That part of First Avenue Southwest as .dedicated in the
• Original Plat of Rochester,* MI,
as follows : nnesota, being described
Beginning at the northeast corner of Block 24 in said
Original Plat of Rochester; thence South 00 degrees 01
minutes 08 seconds East, assumed bearing, along the east
line of said Block 24 , a distance of 174 . 16 feet; thence
North 89 degrees 59 minutes 34 seconds East, 19 . 00 feet ;
thence North 00 degrees 01 minutes 08 seconds West,
166 . 16 feet ; thence North 89 degrees 59 minutes 27
seconds West, 8 . 00 feet; thence North 00 degrees 01
minutes 08 seconds West, 8 . 00 feet ; thence North 89
degrees 59 minutes 27 seconds West, 11 . 00 feet to the
point of beginning .
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