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HomeMy WebLinkAboutResolution No. 458-07 777 RESOLUTION NO. WHEREAS, Richard D. Thatcher initiated a proceeding to vacate five feet of an existing right-of-way that is abutting the Thatcher property to the north. The vacation area is the north five feet of Knollwood Drive S.E., located between Rose Harbor Estates Second, Block 1, Lot 9 •and Rose Harbor Second, Block 2, Lot 23; 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 17, 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 September 17, 2007; and WHEREAS, the Common Council convened on September 17, 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 following described right-of-way is hereby vacated and abandoned: That part of KNOLLWOOD DRIVE S.E. (formerly HARBOR PARKWAY) as dedicated on ROSE HARBOR SECOND SUB-DIVISION, Olmsted County, Minnesota, being described as follows: • Beginning at the most easterly corner of Lot 9, Block 1, ROSE HARBOR ESTATES SECOND SUBDIVISION; thence North 67 degrees 39 minutes 09 seconds East, assumed bearing, parallel with the northerly line of said KNOLLWOOD DRIVE S.E., 391.89 feet to the east line of the Northeast Quarter of the Northeast Quarter of Section 7, Township 106 North, Range 13 West, Olmsted County, Minnesota; thence North 01 degree 04 minutes 39 seconds West, along said east line, 5.37 feet to the northerly line of said KNOLLWOOD DRIVE S.E.; thence South 67 degrees 39 minutes 09 seconds West along said northerly line, 393.83 feet to the easterly line of said Lot 9, Block 1; thence South 22 degrees 17 minutes 51 seconds East, along said easterly line, 5.00 feet to the point of beginning. BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of the following condition: 1. When the property is platted, a ten-foot wide utility easement shall be dedicated along the right-of-way of Knollwood Drive S.E. PASSED AND ADOPTED BY THE COMMON COUNCIL OFF T H E CITY OF ROCHESTER, MINNESOTA, THIS /lq.-h DAY OF YYLt1 2007. r. JJJjp PRESIDENT OF SAID COMMON COUNCIL ATTEST: awy, c,apu-m CITY CL K APPROVED THIS rDAY OF M ' , 2007. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zon e05\Vacate\ROW.0707 2