HomeMy WebLinkAboutResolution No. 320-08 i' t
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RESOLUTION NO.
WHEREAS, Schultz Investment Group, LLC, initiated a proceeding to vacate a portion of
the ten foot utility easement located along the southerly boundary of Lot 9, Block 1, Rolling
Greens, Fifth Addition. The property is located north of 33rd Street N.W., and west of 22"d
Ovenue N.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 June 16, 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 June 16, 2008; and
WHEREAS, the Common Council convened on June 16, 2008, investigated and
considered the matter of the vacation of the utility 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 utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
�tochester that the utility easement described on the attached Exhibit A is hereby vacated and
abandoned.
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D . 200
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: }�
Ty CITY CL R
APPROVED THIS)7 DAY OF 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo n e wVa cate\Eas e m e nt.0811
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EXHIBIT "A"
ROCHESTER-OLMSTED
That part or the following described property: PI ANNING DEPARTMENT
That part of Outlat 1 and vacated 33rd Street N.W., ROLLING GREENS REPLAT,
arcordi ig to [lie plat thereof on file and of record in the office the County Recorder in and
for Olmsted County, Minnesota, described as follows:
Commencing at Right of Way Boundary Corner 810 as shown on Minnesota Department of.
Tra6sportalion Right of Way Plat No. 55-34 as the same is on rile and of record in the office
of(lie County Recorder in and for said Olmsted County; thence run southeasterly on an
azimuth of 162 degrees 23 minutes 54 seconds along the boundary of said plat for 204.86
feet to Right of Way Boundary Corner 611; thence run southeasterly on an azimuth of 162
degrees 23 minutes 54 seconds for 39.20 feet to the point of beginning of Tract A to be -
described: thence on an azimuth of 105 degrees 03 minutes 39 seconds for'135.70 feel;
thence on an azimuth of 185 degrees 40 minutes 30 seconds for 33.45 feel; thence
southwesterly for 56.90 feet on a riontangential curve, concave to the southeast, having a
radius of 605.96 feet, a delta angle of 05 degrees 22 minutes 49 seconds and a chord
azimuth of 255 degrees 22 minutes 48 seconds; thence on an azimuth of 252 degrees 41
minutes 24 seconds for 29.22 feet; thence on an azimuth of•319 degrees 14 minutes 43
seconds for 38.15 feet; thence on an azimuth of 342 degrees 23 minutes 54 seconds for
65.78 feet for the'point of beginning.
ALSO:
That part of the vacated 33rd Street NW as dedicated in ROLLING GREENS REPLAT,
Rochester, Minnesota, described as follows:
Beginning at the Right of Way Boundary Corner 811 as shown on Minnesota Department of
Transportation Right of Way Plat No: 55-34 as the same is on rile.and of record in the Office
of the County Recorder in and for Olmsted County, Minnesota; thence running
• southeasterly on an azimuth of 105 degrees 03 minutes 39 seconds along the boundary of
said plat for 138.63 feet to.Right of Way Boundary Corner 612; (hence on en.azimulli of 74
degrees 35 minutes 01 second along the boundary 13.50 feet;thence on an azimuth of 155
degrees 40 minutes 30 seconds for 40.39 feet; thence on an azimuth of 285 degrees 03
minutes 39 seconds for 135.70 feet; thence on an azimuth of 342 degrees 23 minutes 54
seconds for 39.20 feet to the point of beginning.
ALSO:
That part of Lot 9, Block 1, ROLLING GREENS FIFTH ADDITION, Rochester, Minnesota,
described as follows:
Commencing at the northeast corner of said Lot 9;thence on an assumed azimuth of 164
degrees 36 minutes 04 seconds along the easterly line of said Lot 9, a distance of 55.00
feet for the point of beginning; thence on an azimuth of 254 degrees 36 minutes 04
seconds, for 138.26 feet to the easterly right of way of TRUNK HIGHWAY NO.52 as shown
on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT No.55-
34; thence on an azimuth of 162 degrees-23 minutes 54 seconds along said easterly line,
9.45 feet to Right of Way Boundary Corner Bii as shown on said PLAT NO. 55-34, (hence
southeasterly on an azimuth of 105 degrees 03 minutes 39 seconds along the boundary of
said plat for 138.63 feet to Right of Way Boundary Corner 812; thence northeasterly on an
azimuth of 74 degrees 35 minutes 01 second along the boundary of sald-plat, 13.50 feel;
thence northwesterly along a curve having a radius of 203.50 feel, length of 36.56 feet,
delta of 10 degrees 17 minutes 41 seconds, chord on an azimuth of 351 degrees 48
minutes 42 seconds,36.51 feet; thence northwesterly on an azimuth of 346 degrees 06
minutes 36 seconds, 11.23 feet to a point on the easterly line of Lot 9, Block 1, Rolling .
Greens Fifth Addition; thence on an azimuth of 344 degrees 36 minutes 04 seconds along
said easterly line,32.27 feet to the-point of beginning
which lies northerly and easterly of the following described line: • .
Commencing at the Right of Way Boundary Corner 810 as shown on Minnesota
Department of Transportation Right-of Way Plat No.55-34; thence southeasterly on an
azimuth of 163 degrees 23 minutes 54 seconds along the boundary of sold plat.,204.86
feet to Right of Way Boundary Corner 811; thence continue on an azimuth of 162 degrees
23 minutes 54 seconds for 42.57 feet for the point of beginning'of.the line to be described;
thence northeasterly on an azimuth of 72 degrees 23 minutes 32 seconds for 87.51 feet;
thence southeasterly on an azimuth of 162 degrees 23 minutes 02 seconds for 5.1.09 feet;
thence southeasterly on an azlmuth of 99 degrees 31 minutes 33 seconds for 32.11 feet to
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