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Home My WebLink AboutResolution No. 407-08 I a ✓ 77 .l ..._...._... .... . ... .....�.u..ua...cwA.i...4'..• u..w..car....r.F. w... ml...i....i.n....�4.,........,....ua.a�+.e x.:u.v....«,.,.n.x .. «......i....—....n�.vc.susPww.vf.� � .v.�.....w ..u..x.nx.m_..,......aum.�wv..a.+.....wr...w� OFFICE OF COUNTY RECORDER Olmsted County,Minnesota I hereby certify that this document was filed in this office on 9/04/2008 at 1:00:00 PM and was duly recorded as document number A-1178634 W MARK KRUPSKI-Co Recorder,by_Deputy _p Well Certificate:_Received _Not Required Abstr.— yes_ no_ Fees: Total $46.00 Received from/return to: CITY CLERK CITY HALL ROCHESTER, MN 55901 COVER SHEET DOCUMENT: RESOLUTION NO. 407-08 NAME: Judy Scherr, City Clerk RETURN TO: Judy Scherr, City Clerk COVER SHEET ADDED BY CITY CLERK FOR RECORDING PURPOSES ONLY. THIS IS A CORRECTIVE DOCUMENT TO CORRECT THE LEGAL DESCRIPTION ON DOCUMENT NO. 1174594 RECORDED ON JULY 23, 2008. f 1 RESOLUTION WHEREAS, on June 16, 2008, the Common Council of the City of Rochester adopted Resolution No. 320-08 vacating a portion of an utility easement; and, Y WHEREAS, Resolution No. 320-08 contained two errors in describing the easement to be vacated; and, WHEREAS, the Council wishes to amend Resolution No. 320-08 in order to correct the errors and adopts this resolution to accomplish that task. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the first "WHEREAS" paragraph in Resolution No. 320-08 be amended so as to read as follows: 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 contained within the property described as Exhibit A and the utility easement reserved in the vacated portion of 33rd Street N.W., right-of-way located east of Trunk Highway 52 North me and west of 22ndAvenue N.W., contained within the property described in Exhibit A; and, BE IT FURTHER RESOLVED that the "NOW, THEREFORE, BE IT RESOLVED" paragraph in Resolution No. 320-08 be amended so as to read as follows: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the portion of the ten foot utility easement located along the southerly boundary of Lot 9, Block 1, Rolling Greens, Fifth Addition contained within the property described as Exhibit A and the utility easement reserved in the vacated portion of 33rd Street N.W., right-of-way located east of Trunk Highway 52 North and west of 22"d Avenue N.W., contained within the property described in Exhibit A is hereby vacated and abandoned. BE IT FURTHER RESOLVED that the remainder of Resolution No. 320-08 be reaffirmed. 1 M PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /SM DAY OF S<` , 2008. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CIV CLERK APPROVED THIS I?& DAY OF �i�s� , 2008. MAYOR OF SAID CITY (Seal ol,thelCilj 18v' = I !I� , Roir ,ester, Vlb. esota) '-Res05WmendRes:2 ' r . U • RESOLUTION WHEREAS, on June 16, 2008, the Common Council of the City of Rochester adopted Resolution No. 320-08 vacating a portion of an utility easement; and, WHEREAS, Resolution No. 320-08 contained two errors in describing the easement to be vacated; and, WHEREAS, the Council wishes to amend Resolution No. 320-08 in order to correct the errors and adopts this resolution to accomplish that task. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the first "WHEREAS" paragraph in Resolution No. 320-08 be amended so as to read as follows: 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 contained within the property described as Exhibit A and the utility easement reserved in the vacated portion of 33rd Street N.W., right-of-way located east of Trunk Highway 52 North • and west of 22"d Avenue N.W., contained within the property described in Exhibit A; and, BE IT FURTHER RESOLVED that the "NOW, THEREFORE, BE IT RESOLVED" paragraph in Resolution No. 320-08 be amended so as to read as follows: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the portion of the ten foot utility easement located along the southerly boundary of Lot 9, Block 1, Rolling Greens, Fifth Addition contained within the property described as Exhibit A and the utility easement reserved in the vacated portion of 33rd Street N.W., right-of-way located east of Trunk Highway 52 North and west of 22"d Avenue N.W., contained within the property described in Exhibit A is hereby vacated and abandoned. BE IT FURTHER RESOLVED that the remainder of Resolution No. 320-08 be reaffirmed. • SIPASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS �St DAY OF 5< , 2008. / PRESIDENT OF SAID COMMON COUNCIL ATTEST: J _ CI1Y CLERK APPROVED THIS /q,7, DAY OF Aq6r , 2008. 0-4 MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) ResWAmendRes.2 • _ _ - --- - EXHIBIT A - LROCHESTERE - ---- -OLMSTED That art or the following described property: {ANNING DPARTMENT . P That part of Outlat 1 and vacated 33rd Street N.W., ROLLING GREENS REPLAT, according to the 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. Transportation Right of Way Plat No.55-34 as the same is on rile and of record in_(tie 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 secorids for 39.20 feet to the point of beginning of Tract A to be - described; thence on an azimuth of 105 degree's 03 minutes 39 seconds for'135.70 feet; thence on an azimuth or 185 degrees 40 minutes 30 seconds for 33.45 feet; thence southwesterly for 56.90 feet on a nontangential 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 feel; thence on an azimuth of•319 degrees. 14 minutes 43 seconds for 38.15 feet; thence on an azimuth.-of�42 degrees 23 minutes 54 seconds for . 55.78 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 B11 as shown on Minnesota Deparlmenl 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 or said plat ror 1.38.63 feet to.Right of Way Boundary Corner 612; thence on en.azimuill of 74 degrees 35 minutes 01 second along the boundary 13.50 feet; thence on an azimuth of 185 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 FiMI ADDITION, Rochester, Minnesota, described as follows: Commencing at [lie 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 azimulli 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 811 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 said•plat, 13.50 feet; thence northwesterly along a curve having a radius of 203.50 feet, 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, 1123 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, azimuth of 163 degrees 23 minutes 54 seconds along the boundary of said plat., 204.86 feet to Right of Way Boundary Corner 611; 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; conds for 5.1.09 feet; thence southeasterly on an azimuth of 162 degrees 23 minutes 02 se thence southeasterly on an azimuth of 99 degrees 31 minutes 33 seconds for 32.11 feel to the easterly line of the above described property and there lerminating,