HomeMy WebLinkAboutResolution No. 502-15 - VacationPetition.HomesteadatRochInc.R2015-006VACRESOLUTION NO.
WHEREAS, Nancy Gavin initiated a proceeding to vacate a utility easement over a portion
of Lots 1 and 2, Block 1, The Homestead Second, to allow for the realignment of a public water
main. The property is located at 1900 Ballington Boulevard N.W., just north of 55t" Street N.W;
and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, "[t]he
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,
"[n]o vacation shall be made unless the Common Council finds that to do so is in the public
interest;" 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 September 21, 2015; and
WHEREAS, the City Clerk filed the petition in his 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 September 21, 2015; and
WHEREAS, the Common Council convened on September 21, 2015, and continued the
public hearing until October 5, 2015; and,
WHEREAS, the Common Council convened on October 5, 2015, 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, 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 Rochester
that the utility easement described as follows are hereby vacated and abandoned:
Public Utility Easement Vacation
(across Lot 1, Block 1)
That part of the dedicated public utility easement within Lot 1, Block 1, THE
HOMESTEAD, Olmsted County; Minnesota, lying within a distance of 10 feet on
each side of the following described centerline:
Commencing at the Northeast Corner of Lot 1, said Block 1 (the next 2 courses
are along the easterly line of said Lot 1); thence South 00 degrees 28 minutes
58 seconds East, assumed bearing, 15.38 feet; thence South 40 degrees 29
minutes 00 seconds East, 49.97 feet; thence North 71 degrees 36 minutes 43
seconds West, 44.52 feet; thence South 24 degrees 13 minutes 30 seconds
East, 20.51 feet for the point of beginning of the centerline to be described;
thence continue South 24 degrees 13 minutes 30 seconds East, 32.19 feet;
thence South 30degrees17 minutes 18 seconds West, 88.87 feet; thence South
59 degrees 42 minutes 42 seconds East, 20.00 feet; thence North 59 degrees 42
minutes 42 seconds West, 20.00 feet; thence South 30degreesl7minutesl8
seconds West, 42.49 feet; thence South 24degrees15 minutes 03 seconds East,
89.83 feet; thence South 03 degrees 43 minutes 46 seconds East, 51.24 feet;
thence South 14 degrees 27 minutes 21 seconds West, 7 .02 feet; thence North
76 degrees 25 minutes 30 seconds West, 26.00 feet; thence South 76 degrees
25 minutes 30 seconds East, 26.00 feet; thence South 14 degrees 27 minutes
21 seconds West, 172.22 feet; thence South 13 degrees 13 minutes 22 seconds
East, 29.36 feet; thence South 43 degrees 17 minutes 44 seconds East, 47.90
feet; thence North 46 degrees 42 minutes 16 seconds East, 25.00 feet; thence
South 46 degrees 42 minutes 16 seconds West, 25.00 feet; thence South 43
degrees 17 minutes 44 seconds East, 36.89 feet; thence South 71 degrees 00
minutes 00 seconds East, 26.87 feet; thence North 87 degrees 11 minutes 54
seconds East, 122.55 feet to the easterly line of said Lot 1 and there terminating.
The sidelines of said easement are to be elongated or shortened to terminate on
said east line.
ALSO:
That part of the dedicated public utility easement within Lot 1, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, described as follows:
2
Commencing at the Southeast Corner of Lot 1, said Block 1; thence North 01
degree 06 minutes 29 seconds West, assumed bearing, along the easterly line
of said Lot 1, a distance of 181.11 feet for the point of beginning; thence South
88 degrees 53 minutes 31 seconds West, 30.00 feet; thence North 01 degree 06
minutes 29 seconds West, 180.23 feet; thence North 88 degrees 53 minutes 31
seconds East, 30.00 feet to said easterly line; thence South 01degree06 minutes
29 seconds East, along said easterly line, 180.23 feet to the point of beginning.
ALSO:
That part of the dedicated public utility easement within Lot 1, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, lying within a distance of 10 feet on
each side of the following described centerline:
Commencing at the southeast corner of Lot 1, said Block 1; thence North 01
degree 06 minutes 29 seconds West, assumed bearing, along the east line of
said Lot 1, a distance of 87.26 feet for the point of beginning of the centerline to
be described; thence South 71 degrees 15 minutes 14 seconds West, 43.63 feet
and there terminating. The sidelines of said easement are to be elongated or
shortened to terminate on said east line.
ALSO:
That part of the dedicated public utility easement within Lot 1, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, described as follows:
Commencing at the Northeast Corner of Lot 1, said Block 1 (the next 6 courses
are along the easterly line of said Lot 1); thence South 00 degrees 28 minutes
58 seconds East, assumed bearing, 15.38 feet; thence South 40 degrees 29
minutes 00 seconds East, 55.18 feet for the point of beginning; thence South 40
degrees 29 minutes 00 seconds East, 120.59 feet; thence South 01 degree 06
minutes 29 seconds East, 117.35 feet; thence South 47degrees17 minutes 47
seconds West, 86.92 feet; thence South 01 degree 06 minutes 29 seconds East,
44.50 feet; thence South 88 degrees 53 minutes 31 seconds West, 17 .SO feet;
thence North 01 degree 06 minutes 29 seconds West, 52.40 feet; thence North
47 degrees 18 minutes 57 seconds East, 86.90 feet; thence North 01 degree 06
minutes 29 seconds West, 103.22 feet; thence North 40 degrees 29 minutes 00
seconds West, 114.33 feet; thence North 49 degrees 31 minutes 00 seconds
East, 17 .50 feet to the point of beginning.
Public Utility Easement Vacation
(across Lot 2, Block 1)
That part of the dedicated public utility easement within Lot 2, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, lying within a distance of 10 feet on
each side of the following described centerline:
3
Commencing at the southwest corner of Lot 2, said Block 1; thence North 01
degree 06 minutes 29 seconds West, assumed bearing, along the west line of
said Lot 2, a distance of 200.15 feet for the point of beginning of the centerline to
be described; thence South 32 degrees 47 minutes 20 seconds East, 94.46 feet;
thence South 51degrees42 minutes 36 seconds East, 19.01 feet; thence South
71 degrees 15minutes14 seconds West, 67.47 feet to said west line; thence
North 71degreesl5minutesl4 second East, 67.47 feet; thence South
51degrees42 minutes 36 seconds East, 48.11 feet; thence North 34 degrees 47
minutes 05 seconds East, 30.00 feet; thence South 34 degrees 47 minutes 05
seconds West, 30.00 feet; thence South 51 degrees 42 minutes 36 seconds
East, 11.87 feet; thence South 64 degrees 57 minutes 58 seconds East, 87.17
feet; thence South 85 degrees 20minutes13 seconds East, 162.88 feet; thence
North 53 degrees 34 minutes 46 seconds East, 69.01 feet; thence North 22
degrees 52 minutes 09 seconds East, 37 .39 feet and there terminating. The
sidelines of said easement are to be elongated or shortened to terminate on the
west line of said Lot 2.
ALSO:
That part of the dedicated public utility easement within Lot 2, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 2, said Block 1; thence North 01
degree 06 minutes 29 seconds West, assumed bearing, along the west line of
said Lot 2, a distance of 336.34 feet for the point of beginning; thence North 88
degrees 53 minutes 31 seconds East, 20.00 feet; thence North 01 degree 06
minutes 29 seconds West, 25.00 feet; thence South 88 degrees 53 minutes 31
seconds West, 20.00 feet to said west line; thence South 01 degree 06 minutes
29 seconds East, along said west line, 25.00 feet to the point of beginning.
ALSO:
That part of the dedicated public utility easement within Lot 2, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, lying within a distance of 10.00 feet
to the right of the following described line:
Commencing at the southwest corner of Lot 2, said Block 1 (the next 4 courses
are along the westerly line of said Lot 2); thence North 01degree06 minutes 29
seconds West, assumed bearing, 479.34 feet; thence North 76 degrees 36
minutes 43 seconds East, 112.55 feet; thence North 41 degrees 36 minutes 43
seconds East, 62.41 feet; thence North 02 degrees 20 minutes 41 second West,
71.92 feet for the point of beginning of the line to be described; thence North 87
degrees 11 minutes 54 seconds East, 11.93 feet; thence South 48 degrees 35
minutes 27 seconds East, 38.42 feet; thence South 41 degrees 24 minutes 33
seconds West, 20.00 feet; thence North 41 degrees 24 minutes 33 seconds
East, 20.00 feet; thence South 48 degrees 35 minutes 27 seconds East, 230.00
4
feet; thence South 22 degrees 58 minutes 08 seconds East, 71.89 feet; thence
South 67 degrees 01 minute52 seconds West, 128.00 feet; thence North 67
degrees 01 minute 52 seconds East, 128.00 feet; thence South 22 degrees 58
minutes 08 seconds East, 73.46 feet and there terminating. The sideline of said
easement is to be elongated or shortened to terminate on the westerly line of
said Lot 2.
ALSO:
That part of the dedicated public utility easement within Lot 2, Block 1, THE
HOMESTEAD, Olmsted County, Minnesota, described as follows:
Commencing at the southeast corner of Lot 2, said Block 1; thence South 89
degrees 30 minutes 11 seconds West, assumed bearing, along the south line of
said Lot 2, a distance of 153.94 feet; thence North 00 degrees 29 minutes 49
seconds West, 144.67 feet for the point of beginning; thence North 22 degrees
58 minutes 08 seconds West, 39.97 feet; thence North 67 degrees 01 minute 52
seconds East, 33.25 feet; thence South 22 degrees 56 minutes 13 seconds
East, 24.54 feet; thence South 67 degrees 03 minutes 47 seconds West, 17.51
feet; thence South 22 degrees 33 minutes 28 seconds West, 22.04 feet to the
point of beginning.
BE IT FURTHER RESOLVED that this vacation approval is subject to the condition that
new public utility easements must be dedicated for the realigned water main either by platting or
by description.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\Vacate\Easement.1506
MAYOR OF SAID CITY
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