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HomeMy WebLinkAboutResolution No. 259-24 - Resolution - CD2024-007VAC - Morris Rd NE Vacation RESOLUTION Approving Vacation Petition No. CD2024-007VAC by the City of Rochester for Vacation of a Public Right-of-Way and Utility Easement Located At Morris Rd NE. WHEREAS the City of Rochester requests that the city vacate an existing public right-of- way and utility easement; and WHEREAS Section 17.00 of the City of Rochester Home Rule Charter states that, “the Common Council may, by resolution adopted by five affirmative votes, vacate any public street, alley, way, grounds, or easement, or any part thereof, upon its own motion or by acting upon a petition filed by the owners of at least fifty percent of the lands which abut the line of the portion of the public street, alley, way, grounds or easement, or parts thereof, proposed to be vacated”; and WHEREAS Section 17.00 of the City of Rochester Home Rule Charter further states that “no vacation shall be made unless the Common Council finds that to do so is in the public interest”; and WHEREAS Rochester Community Development filed the petition in their 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 on December 9, 2024; and WHEREAS on the basis of the petition filed, the testimony and evidence presented by interested parties, and the investigation and consideration of the matter by the Common Council, it appears that it is in the best interests of the members of the public to vacate the easement; and WHEREAS the specific areas in which are to be vacated are provided by the following legal description and as depicted by the Map attached to this resolution. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the public right-of-way and easement described as follows is hereby vacated and abandoned: DESCRIPTION OF PROPOSED RIGHT OF WAY VACATION That part of platted Morris Road NE in MORRIS MEMORIAL SUBDIVISION, in the City of Rochester, according to the plat thereof of file and of recorded in the office of the County Recorder, Olmsted County, Minnesota, described as follows: Commencing at the northeast corner of Outlot C, said MORRIS MEMORIAL SUBDIVISION; thence North 70 degrees 36 minutes 57 seconds West, along the northerly line of said Outlot C, a distance of 44.19 feet; thence westerly, along the northerly line of said Outlot C, a distance of 89.53 feet along a tangential circular curve concave southerly, having a radius of 270.00 feet and a central angle of 18 degrees 59 minutes 53 seconds; thence North 89 degrees 36 minutes 50 seconds West, along the northerly line of said Outlot C, a distance of 130.00 feet; thence North 89 degrees 54 minutes 11 seconds West, along the northerly line of said Outlot C, a distance of 111.93 feet to the northwesterly line of said Outlot C; thence South 54 degrees 17 minutes 12 seconds West, along the northwesterly line of said Outlot C, a distance of 17.09 feet to the point of beginning; thence continuing South 54 degrees 17 minutes 12 seconds West, along the northwesterly line of said Outlot C, a distance of 54.69 feet; thence South 00 degrees 23 minutes 09 seconds West, along the westerly line of said Outlot C, a distance of 80.65 feet; thence southerly, along the westerly line of said Outlot C, a distance of 91.20 feet along a tangential circular curve concave westerly, having a radius of 180.00 feet and a central angle of 29 degrees 01 minutes 52 seconds; thence South 29 degrees 25 minutes 01 seconds West, tangent to said curve and along the westerly line of said Outlot C, a distance of 574.77 feet; thence North 60 degrees 34 minutes 59 seconds West, a distance of 60.00 feet to the easterly line of Outlot B, said MORRIS MEMORIAL SUBDIVISION; thence North 29 degrees 25 minutes 01 seconds East, along the easterly line of said Outlot B, a distance of 574.77 feet; thence northerly , along the easterly line of said Outlot B, a distance of 60.80 feet along a tangential circular curve concave westerly, having a radius of 120.00 feet and a central angle of 29 degrees 02 minutes 52 seconds; thence North 00 degrees 23 minutes 09 seconds East, tangent to said curve and along the easterly line of said Outlot B, a distance of 80.44 feet; thence North 53 degrees 39 minutes 57 seconds West, along the northeasterly line of said Outlot B, a distance of 54.61 feet; thence South 89 degrees 36 minutes 51 seconds East, a distance of 74.23 feet; thence South 89 degrees 54 minutes 11 seconds East, a distance of 74.16 feet to the point of beginning. AREA OF EASEMENT RELEASE The platted 10-foot wide utility easement lying easterly and westerly of and adjoining the above described Street Vacation Area. BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024- 007VAC with the following conditions: 1. Prior to Recordation of the Vacation Resolution, the applicant shall dedicate all applicable Water Main Utility Easements and will be required to pay for all costs associated with the relocation. 2. Prior to Recordation of the Vacation Resolution, the applicant shall dedicate all applicable Utility Easements and will be required to pay for the costs associated with its relocation. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2024. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota)