HomeMy WebLinkAboutResolution No. 467-16 - VacationPetition.31stAvenueNW.R2016-007VACRESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate a portion of 31st Avenue
N.W., (former County Road 151). The property is located adjacent to property owned by IBM,
Kroger Foods/Pace Dairy, and POHOCOGO, LLC, and intersects with Valleyhigh Drive NW
(CSAH 4); 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 October 17, 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 October 17, 2016; and
WHEREAS, the Common Council convened on October 17, 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 the Southeast Quarter of Southwest Quarter of Section 21,
Township 107 North, Range 14 West, Olmsted County, Minnesota described as
follows -
Beginning at the southeast corner of said Southeast Quarter of the Southwest
Quarter; thence on an assumed bearing of North 00°32'39" West along the east
line of said Southeast Quarter of the Southwest Quarter, 1323.69 feet to the
northeast corner of said Southeast Quarter of the Southwest Quarter; thence
South 89°25'14" West along the north line of said Southeast Quarter of the
Southwest Quarter, 44.75 feet to the east line of Lot 1, Block 1, Kroger Co. First
Subdivision, according to the recorded plat thereof; thence South 00°19'01" East
along said east line, 1133.43 feet; thence southerly 202.72 feet along said east
line and a tangential curve concave to the west having a radius of 330.29 feet
and a central angle of 35°09'55" to the south line of said Southeast Quarter of
the Southwest Quarter; thence North 89°35'19" East along said south line,
110.28 feet to the point of beginning.
Also, the west 50.00 feet of the Southwest Quarter of the Southeast Quarter of
Section 21, Township 107 North, Range 14 West, Olmsted County, Minnesota.
Also that part of the Northwest Quarter of the Northeast Quarter of Section 28,
Township 107 North, Range 14 West, Olmsted County, Minnesota described as
follows -
Commencing at the northwest corner of said Northwest Quarter of the Northeast
Quarter; thence on an assumed bearing of South 00°54'07" West along the west
line of said Northwest Quarter of the Northeast Quarter, 369.24 feet to the
northeasterly right of way line of County State Aid Highway No. 4; thence South
37°50'30" East along said northeasterly right of way, 79.89 feet to the west line
of Lot 2, Block 2, Common Interest Community Number 186 The Brittany's Of
Rochester, according to the recorded plat thereof; thence North 00°54'07" East
along said west line, and its northerly extension, 432.38 feet to the north line of
said Northwest Quarter of the Northeast Quarter, thence South 89°57'17" West
along said north line, 50.01 feet to the point of beginning.
Also, that part of the Northeast Quarter of the Northwest Quarter of Section 28,
Township 107 North, Range 14 West, Olmsted County, Minnesota described as
fol lows:
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Beginning at the northeast corner of said Northeast Quarter of the Northwest
Quarter; thence on an assumed bearing of South 89°35'19" West along the north
line of said Northeast Quarter of the Northwest Quarter, 291.01 feet to the
northeasterly right of way line of County State Aid Highway No. 4; thence South
37°50'30" East along said right of way line, 464.87 feet to the east line of said
Northeast Quarter of the Northwest Quarter; thence North 00°57'07" East, along
said east line, 369.24 feet to the point of beginning.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following conditions of approval-
1. Prior to right-of-way vacation, the petitioner shall execute easements for
existing water main and service lines within the vacation boundary.
2. Prior to vacation of right-of-way, this roadway shall be known as "County
Road 151"or "formerly County Road 151."
3. Unless IBM designates a new E911 name for the private road with
Olmsted County GIS, the road will become an access road without a
name.
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)
Zone 15\Vacate\ROW.1607
DAY OF
PRESIDENT OF SAID COMMON COUNCIL
MAYOR OF SAID CITY
2016.
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