HomeMy WebLinkAboutResolution No. 077-08 •
I
I
RESOLUTION NO. D77 08
WHEREAS, New Century, Inc., and Joel Bigelow & Sons initiated a proceeding to vacate
the existing public access easement along the east side of Lot 1, Block 2, North Star Business
Park. The applicants propose to dedicate a new public access easement along the west side of
Lot 1, Block 2, North Star Business Park. The property is located along the east side of West
• Circle Drive and north of the Home Design Studio; 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 February 4, 2008; 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 February 4, 2008; and
WHEREAS, the Common Council convened on February 4, 2008, investigated and
considered the matter of the vacation of the public access 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 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 public access easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
• Rochester that the following described public access easement is hereby vacated and
abandoned:
. That part of the public access easements, as dedicated in Document Number A-
1100628, according to the document thereof on file at the County Recorder's
office, Olmsted County, Minnesota, lying westerly of a line 31.12 feet easterly of
and parallel with the west line of Lot 2, Block 2, NORTH STAR BUSINESS PARK,
according to the plat thereof on file at said County Recorder's office.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. All costs associated with relocation of any existing utilities shall be the
responsibility of the petitioner.
2. The petitioner must dedicate and record a new access easement along the
westerly end of the property as shown in Exhibit A (attached).
3. The resolution must not be recorded until such time as the petitioner
dedicates and records the public access easement shown on Exhibit A
(attached).
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
• ROCHESTER, MINNESOTA, THIS DAY OF fE6e4&� , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:K�,�44
CITY1CLERK
APPROVED THIS LTA DAY OF M02 ( , 2008.
MAYOR OF SAID CITY
(Sea) of the City of
'Rochester, Minnesota)
7:
Zone05\Vacate\Easement.0801
2
wo monuments were - - ---
tNORTHv STAR BUSINEES PARK. found or set.
SURVEYORS NOTE:
All easements shown are taken from McGhie & Betts i
Certificate of Survey, dated 2/2/06 and revised 2/20/07.
SSOCIATES
No other search of public records was made.
1 ENEONEEASY ARCHITECTS
SURVEYORS • PLANNERS
LANDSCAPE ARCHITECTS
0 30 60 717THIRD AVENUESOUTHEAST
ROCHESTER,MINNESOTA 55904
507-288-5
FAX507-28B058
AI EML INFO®YAOGY.COM
SCALE IN FEET
OU TLOT A
i
I m
LOCATION OF NORTH X
PUBLIC ACCESS LOCATION OF Z
' ► EASEMENT TO BE PUBLIC ACCESS Q O
RE—DEDICATED EASEMENT TO BE Q
VACATED Q
W
STAR z_ >
N87' '37"E 102.00 .................................... `._ 'S0234 23 E
V) Z EP rI N
�i
EX C ;:30.23 w
,..;;
qE N8T25'37"E 10 13 N87'22'45"E co w
uy 34 03 _ 31.12
e��- � LLJ
i
l 3 rPQB ~
S87'22'45"W 123.94 O Q
0-4I cn
v
I U Sil ESSLU
I—
z j I Wes; 31.12 LOT 2 O ,U
Q
LOT 1 I aW I oW,
w �� I � . o _ ---
co
w
�. I - J w 32 UT/CITY 0�
CF) I EASEMENT —
/ M
z I 0.a i i B o K 2 N T
PARKLCDPROJECT .loSE COR - NUMBER 0000
--LOT 1 f f :> ! � o
I DATE 00-00-07
- L——� —— DRAWN BY
`yN8T25'37"E i 245.71 -- - — —_
-CHECKED BY
F N O R TH U E THIR D SUBDIVISION.
RE�SI°N"'�°RY
E
o
I I
m '
LOT 1 LOT
i SHEETNUMBER
g
Ex� �a►-r ,,A�,
SHEETS
71
� I —