HomeMy WebLinkAboutResolution No. 491-08 •
RESOLUTION NO.
WHEREAS, The Gardens Manufactured Home Community initiated a proceeding to
vacate all public utility easements over, under and across that part of Outlot E and Lot 1, Block
4, The Gardens North Development and a part of Outlot G, The Gardens. The property is
located east of St. Bridget Road S.E., and south of Maine Avenue S.E., and Garden Court S.E.;
rand,
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 October 6, 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 October 6, 2008; and
WHEREAS, the Common Council convened on October 6, 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
�ochester that the utility easement described as follows is hereby vacated and abandoned:
Vacate all public utility easements over, under and across that part of Outlot E and
Lot 1, Block 4, all in THE GARDENS NORTH DEVELOPMENT, and that part of
. Outlot G, THE GARDENS, according to the plats thereof on file at the County
Recorder's Office, Olmsted County, Minnesota, described as follows:
Commencing at the northwest corner of said Outlot G; thence easterly on a
Minnesota State Plane Grid Azimuth from north of 89 degrees 20 minutes 22
seconds along the north line of said Outlot G 25.00 feet to the point of beginning;
thence continue easterly 89 degrees 20 minutes 22 seconds azimuth along said
north line 67.28 feet; thence easterly 228.68 feet on a nontangential curve
concave northerly, having a radius of 50.00 feet, a central angle of 262 degrees 2
minutes 42 seconds and a chord azimuth of 89 degrees 20 minutes 22 seconds,
back to said north line; thence easterly 89 degrees 20 minutes 22 seconds
azimuth along said north line 62.28 feet; thence northerly 359 degrees 20 minutes
22 seconds azimuth along the east line of said Lot 1 a distance of 10.00 feet;
thence westerly 269 degrees 20 minutes 22 seconds azimuth 73.50 feet; thence
northerly 7.23 feet on a nontangential curve concave easterly, having a radius of
10.00 feet, a central angle of 41 degrees 26 minutes 44 seconds and a chord
azimuth of 338 degrees 37 minutes 00 seconds; thence northerly 359 degrees 20
minutes 22 seconds azimuth 45.09 feet; thence southwesterly 56.76 feet on a
nontangential curve concave northwesterly, having a radius of 154.67 feet, a
central angle of 21 degrees 01 minute 32 seconds a chord azimuth of 237 degrees
35 minutes 59 seconds; thence southerly 179 degrees 20 minutes 22 seconds
azimuth 15.40 feet; thence southerly 7.23 feet on a tangential curve concave
westerly, having a radius of 10.00 feet and a central angle of 41 degrees 26
minutes 44 seconds; thence westerly 269 degrees 20 minutes 22 seconds azimuth
78.50 feet; thence southerly 179 degrees 20 minutes 22 seconds azimuth 10.00
feet to the point of beginning.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS �h— D �OF De� 1 �,-t , , 2008.
i
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: aoa o-l; 1
D&PATY CITY CLERK
APPROVED THIS .f DAY OF P�(1"btlt- , 2008.
MAYOR OF SAID CITY
(Seal of the City of
•Rochester, Minnesota)
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