HomeMy WebLinkAboutResolution No. 323-16 - LumberOneAvon,INC.ROWVacate.RedHawkDriveSE&FalconRoadSERESOLUTION NO.
WHEREAS, Lumber One, Avon, Inc., initiated a proceeding to vacate a portion of right-of-
way of Red Hawk Drive S.E, and Falcon Road S.E. The property is located approximately at the
east termination of Red Hawk Drive S.E., in the Valley Side Estates Three plat; 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 July 18, 2016; 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 July 18, 2016; and
WHEREAS, the Common Council convened on July 18, 2016, 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 interests 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 are hereby vacated and abandoned:
That part of Red Hawk Drive Southeast as dedicated in VALLEY SIDE
ESTATES THREE, according to the recorded plat thereof, Olmstead County,
Minnesota, lying southeasterly of the following described line:
Commencing at the southeast corner of Lot 1, Block 2, said VALLEY SIDE
ESTATES, said point also being a northeasterly corner of said Outlot C; thence
South 52 degrees 44 minutes 41 seconds West, plat bearing, along the
northwesterly line of said Outlot C, a distance of 135.14 feet; thence South 37
degrees 15 minutes 19 seconds East, a distance of 76.59 feet to the point of
beginning of the line to be described; thence South 52 degrees 44 minutes 41
seconds West, a distance of 60.00 feet, and said line there terminating.
AND
That part of Falcon Road Southeast as dedicated in said VALLEY SIDE
ESTATES THREE, lying southerly of the following described line:
Commencing at the northeast corner of said Outlot D; thence South 89 degrees
34 minutes 27 seconds West, plat bearing, along the north line of said Outlot D,
a distance of 120.01 feet, to the point of beginning of the line to be described;
thence continue South 89 degrees 34 minutes 27 seconds West, a distance of
60.00 feet, and said line there terminating.
AND
Vacating the drainage and utility easements within Outlots C and D, said
VALLEY SIDE ESTATES THREE lying adjacent to the aforementioned vacated
right of way of said RED HAWK DRIVE SE and FALCON ROAD SE.
BE IT FURTHER RESOLVED that this vacation approval resolution is subject to, and must
not be recorded until, the following conditions have been satisfied-
1. Public utility and drainage easement must be dedicated over the alignment of
existing and proposed public infrastructure concurrent with the Falcon
Heights of Rochester Final Plat. The easements shall be of sufficient width to
include ten feet from centerline on either side of the existing or proposed
utilities.
2. The vacation resolution must be recorded concurrently with the Final Plat for
Falcon Heights of Rochester.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2016.
ATTEST:
CITY CLERK
APPROVED THIS
(Seal of the City of
Rochester, Minnesota)
WeMI iNiVFT. M1.161TITA1111%,
PRESIDENT OF SAID COMMON COUNCIL
DAY OF , 2016.
MAYOR OF SAID CITY
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