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Home My WebLink AboutResolution No. 214-03� r r P M77777777-- • IIIII I III II IIIII I II I IIIII I III OFFICE OF COUNTY RECORDER C� Olmsted County,Minnesota x hereby certify that this document was filed in this office on 5/12/2003 at 4:30:00 PM and was duly recorded as document number A-967862 DANIEL J.HALL—County Recorder;by Deputy. _p Well Certificate:_Received _Not Required Abstr.— yes_ no_ Fees: Total $20.00 Received from/return to: CITY CLERK RESOLUTION WHEREAS, David T. Bishop and Beatrice T. Bishop Trust initiated a proceeding to vacate the public right-of-way located adjacent to a part of Lots 10 and 11, and all of Lot 12, 13 and 14, Block 31, Northern Addition. The area to be vacated is located south of Seventh Street �.E., and north of Sixth Street N.E., along Second Avenue N.E.; 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 April 21, 2003; and WHEREAS, the Common Council convened on April 21, 2003, and 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 interest 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 the 2nd Avenue N.E. (formerly Crescent Street), lying easterly of Block 31, NORTHERN ADDITION TO ROCHESTER, City of Rochester, Olmsted County, Minnesota, •more particularly described as follows: Commencing at the Southeast corner of Lot 14 of said Block 31; thence Northeasterly along the Easterly line of said Lot 14, North 24012'43" East, 19.68 feet to the POINT OF BEGINNING; thence continuing along said Easterly line North 24°12'43" East, 38.29 feet to the f� ortheast corner of said Lot 14; thence North 38027'53" East, 268.94 feet along the Southeasterly line of that portion of vacated 2"d Avenue as described in Book L-2, at Page 409, Olmsted County Records to the most Northeasterly corner of said vacated portion; thence South 00°28'13" West, 46.60 feet; thence South 00°03'28" West, 74.16 feet; thence South 35008'57" West, 108.64 feet; thence South 36018'02" West, 75.54 feet to the beginning on a non-tangent curve concave to the Southwest having a radius of 51.00 feet and to which beginning a radial line bears North 31°35'07" East; thence Northwesterly 29.03 feet along said curve through a central angle of 32°37'07" to the POINT OF BEGINNING, containing 8,437 square feet, more or less, and subject to existing easements and restrictions of record. BE IT FURTHER RESOLVED that this vacation is subject to the following conditions: 1. This vacation is restricted to only the westerly half of the right-of-way located between Sixth Street N.E., and Seventh Street N.E., as described on the survey dated February 6, 2003. 1 2. Prior to recording the vacation, a minimum 20-foot utility easement shall be dedicated for the existing 12-foot public water main within the area of this vacation. 3. The owner must execute a development agreement with the City for the property for any additional development on the Site. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS DAY OF F , 2003. PRESIDENT'OF SAID COMMON COUNCIL e ATTEST Q,ITY C E APPROVED THIS DAY OF �� , 2003. MAYOR OF SAID CITY 6 ZQltie City of •, h; iat;ce � iii�ersata� `r. K"Z.5r-2000\Vacate.ROW.0215^ / }, � CERTIFICATE OF SURVEY c — CL — — U 7TH STREET N.E. i (FORMERLY WINONA AVENUE) 4.9�\\ N89'31'47"W 389.22 �l I _ 1 `FOUND IRON PIPE `2 LS 5229 30 ®� cmv m v N ?O O >- \,{�� Ex.VACATED PORTION / ^p0 O OF 2ND AVENUE < 11 ry o PGk O w Oa ui `O Y C] O EX.CHAINLINK ^� ORIGINAL LOT LINE FENCE 12PORTION VACATEDTO BE O�JG�� yy�0�A O 13 0 25 so 100 . L=29.73 �tp ryrh O�A1 '�h O SCALE 1"=50' R=51.00 e^� h.`5^ BASIS OF BEARINGS 14 A=33'24'17"-;Z., �^� ��;h^' � -Ory ALL BEARINGS ARE IN RELATIONSHIP TO THE .. - ^•d, ^� SOUTHERLY RIGHT-OF-WAY LINE OF 7TH STREET N.E. L=30.31 1 ♦ hry �i I WHICH IS ASSUMED TO BEAR N89'31'47-W. R=50.00 A=34'44'11" 1 ` f >19.68 O i VACATED PORTION DESCRIPTION That art of 2nd Avenue N.E. formers Crescent N89'42'O6'W 118.811 48.39 P ( YTHER PORTION TO BE ��O O Street),lying easterly of Block 31,NOR ADDITION TO ROCHESTER,City of Rochester, DEDICATED TO CITY =��` ty OF ROCHESER S.E,r COR.gggF LOT 14 / Olmsted County,Minnesota,more particularly —Q / , described as follows: 6TH STREET N.E. / O Commencing at the the Southeast corner of Lot 14 of (FORMERLY DIVISION STREET) said Block 31;thence Northeasterly along the / Easterly line of said Lot 14,North 24'12'43"East, 19.68 feet to the POINT OF BEGINNING;thence continuing along said Easterly line North 24'12'43" DEDICATED PORTION DESCRIPTION East,38.29 feet to the Northeast corner of said lot 14; That part of Lot 14 of Block 31,NORTHERN ADDITION TO thence North 38'27'53"East,268.94 feet along the ROCHESTER,City of Rochester,Olmsted County, Southeasterly line of that portion of vacated 2nd Minnesota,more particularly described as follows: Avenue as described in Book L-2,at Page 409. BEGINNING at the the Southeast comer of Lot 14 of said Olmsted County Records to the most Northeasterly Block 31;thence Westerly along the Southerly line of said' corner of said vacated portion;thence South Lot 14,North 89'42'06"West,48.39 feet to a point of cusp 00"28'13"West,46.60 feet;thence South 00'03'28" with a curve concave to the Northwest having a radius of West,74.16 feet;thence South 35'08'57"West,: . 50.00 feet;thence Northeasterly 30.31 feet along said curve 108.64 feet;thence South 36'18'02"West,75.54 feet through a central angle of 34*44'11"to the beginning of a to the beginning of a non-tangent curve concave to reverse curve concave to the Southeast having a radius of the Southwest having a radius of 51.00 f3et chd to 51.00 feet;thence Northeasterly 29.73 feet along said curve which beginning a radial line bears North 31'35'07. through a,central angle of 33*24'17"to the East line of said East;thence Northwesterly 29.03 feet along said Lot 14;thence Southwesterly along the East line of said Lot curve through a central angle of 32'37'07"to the , 14,South 24'12'43"West,19.68 feet to the POINT OF POINT OF BEGINNING,containing 6,437 square BEGINNING,containing 427 square feet,more or less,and feet,more or less,and subject to existing easements subject to existing easements and restrictions of record. and restrictions of record. .._ CLIENT SAVE BISHOP O LEGEND 'I SURVEYOR'S CERTIFICATE O SET 518"REBAR WlCAP I HEREBY CERTIFY THAT THIS SURVEY,PLAN,OR REPORT Engineering PLS 40317 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ® SET MAG NAIL AND T`H'AATT I AM A DULY'LICENSED LAND SURVEYOR UNDER Pa e Lond Sur•„eying,Inc. • FOUND%'PIPE WITH CAP RLS THE./�fM OFT STATE OF MINNESOTA. ■r r r r r r r r■ 11622 UNLESS OTHERWISE ,,��,, 601 36th SL SW,Rochester,MN 56902 (��)282 233J ' DESCRIBED DATE— -'�— SHEET OF KIRK L PAPE. P. .S.40317 PROJECT NO,1062