HomeMy WebLinkAboutResolution No. 419-07 }
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RESOLUTION NO.
WHEREAS, TexPar Energy, LLC, initiated a proceeding to vacate a 20-foot wide utility
easement located on their property in part of the East Half of the Northwest Quarter of Section
34 of Cascade Township. The property is located north of Highway 14 West and south of
Seventh Street N.W., and is where the petroleum tanks are being constructed; 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
August 20, 2007; and,
WHEREAS, on August 20, 2007, 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 and Public
Works 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 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:
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• TRACT 1:
A part of the West Half of the Northwest Quarter of Section 34, Township 107
North, Range 14 West, lying between Trunk Highway 14 and the Chicago &
Northwestern Railway, more particularly described as commencing at the
Southwest corner of said Northwest Quarter; thence on an assumed bearing of
South 89 degrees 46 minutes 20 seconds East, along the South line of said
Northwest Quarter 1,321.84 feet to a point on the East line of said West Half of the
Northwest Quarter; thence North 00 degrees 02 minutes 40 seconds West, along
said East line, 1,114.76 feet to a point in the Northerly right-of-way of Trunk
Highway 14, said point being the point of beginning of the tract herein described;
thence continue North 00 degrees 02 minutes 40 seconds West, along said East
line 511.47 feet to a point in the Southerly right-of-way line of the Chicago &
Northwestern- Railr_oad; thence North 72 degrees 54 minutes 10 seconds West,
along said right-of-way line, 155.18; thence South 18 degrees 10 minutes 04
seconds West 482.95 feet to a point in the Northerly right-of-way line of Trunk
Highway 14; thence South 71 degrees 49 minutes 56 seconds East, along said
right-of-way line, 315.00 feet to the point of beginning.
TRACT 2:
. A part of the East Half of the Northwest Quarter of Section 34, Township 107
North, Range 14 West, lying between Trunk Highway 14 and the Chicago &
Northwestern Railroad, more particularly described as: commencing at the
Southwest corner of said Northwest Quarter; thence on an assumed bearing of
South 89 degrees 46 minutes 20 seconds East, along the South line of said
Northwest Quarter, 1,321.84 feet to a point on the West line of said East Half of
the Northwest Quarter, thence North 00 degrees 02 minutes 40 seconds West,
along said West line, 1,114.76 feet to a point on the Northerly right-of-way line of
Trunk Highway 14, said point being the point of beginning of the tract herein
described; thence continue North 00 degrees 02 minutes 40 seconds West, along
said West line 511.47 feet to a point in the Southerly right-of-way line of Chicago &
Northwestern Railroad; thence South 72 degrees 54 minutes 10 seconds East,
along said right-of-way line, 409.09 feet, thence South 18 degrees 39 minutes 54
seconds East 586.83 feet to a point in the Northerly right-of-way line of Trunk
Highway 14; thence Northwesterly along said right-of-way line, 156.41 feet along a
curve concave to the North and not tangent with the last described line, said curve
has a radius of 509.96 feet, a central angle of 17 degrees 34 minutes 22 seconds
and the chord of said curve bears North 80 degrees 37 minutes 07 seconds West;
thence North 71 degrees 49 minutes 56 seconds West, along said right-of-way line
and tangent to said curve, 446.99 feet to the point of beginning; Together with a
22.00 foot easement for pipeline purposes over, under and across the property
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adjacent to and Easterly of the above described property. The centerline of said
easement is described as: commencing at the Northeasterly corner of the above
described property; thence on an assumed bearing of South 18 degrees 39
minutes 54 seconds East, along the Easterly line of the above described property,
64.00 feet to the point of beginning of the line to be described; thence South 88
degrees 39 seconds East 191.42 feet to a point in the Southerly right-of-way line of
the Chicago & Northwestern Railroad and there terminating. Less the following;
that part of the Southeast Quarter of the Northwest Quarter of Section 34 shown
as Parcel 72 on Minnesota Department of Transportation Right of Way Plat No.
55/41, containing 0.06 acre, more or less.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _ C"-) F J , 2007.
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PRESIDENT OF SAID i O MON COUNCIL
ATTEST: 0 ZI
o CITY LERrI�
• APPROVED THIS c?J6 — DAY OFaw'a�' 2007.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo ne O Wacate\Easem ent.0706
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