HomeMy WebLinkAboutResolution No. 401-16 Vacation #R2016-005 Kwik TripRESOLUTION NO.
WHEREAS, Kwik Trip, Inc., initiated a proceeding to vacate a part of the MnDOT right-of-
way plat No. 55-65. The property is located south of Sixty -Fifth Street N.W., and west of Bandel
Road 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 7, 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 September 7, 2016; and
WHEREAS, the Common Council convened on September 7, 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 Northeast Quarter of the Northwest Quarter of Section 9,
Township 107 North, Range 14 West, Olmsted County, Minnesota, and that part
of a public road, dedicated in STUVE'S SECOND SUBDIVISION, according to
the plat thereof on file at the County Recorder's Office, said Olmsted County, all
being a part of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY PLAT NO. 55-65, described as follows:
Commencing at Right of Way Boundary Corner B6, as shown on said right-of-
way plat; thence South 44 degrees 35 minutes 00 seconds West along the
easterly boundary of the east tract of said right-of-way plat a distance of 70.88
feet to Right of Way Boundary Corner B7, as shown on said right-of-way plat;
thence North 87 degrees 44 minutes 49 seconds West a distance of 349.40 feet
to the point of beginning; thence South 27 degrees 05 minutes 39 seconds East
a distance of 115.30 feet; thence southerly 357.44 feet on a tangential curve
concave westerly, having a radius of 1941.49 feet and a central angle of 10
degrees 32 minutes 55 seconds; thence North 89 degrees 43 minutes 04
seconds East a distance of 41.02 feet to the east line of said Northeast Quarter
of the Northwest Quarter; thence South 23 degrees 26 minutes 00 seconds
West a distance of 202.06 feet to the southeast corner of Lot 5, said STRUVE'S
SECOND SUBDIVISION, and to the westerly boundary of the east tract of said
right-of-way plat; thence northerly 508.71 feet along said westerly boundary on a
non -tangential curve concave westerly, having a radius of 1858.49 feet, a central
angle of 15 degrees 41 minutes 00 seconds and a chord bearing of North 19
degrees 15 minutes 10 seconds West, to Right of Way Boundary Corner B19, as
shown on said right-of-way plat; thence North 27 degrees 05 minutes 39
seconds West along said westerly boundary a distance of 79.67 feet to Right of
Way Boundary Corner B20, as shown on said right-of-way plat; thence North 89
degrees 04 minutes 13 seconds East along said westerly boundary a distance of
58.78 feet to Right of Way Boundary Corner B5*, as shown on said right-of-way
plat; thence North 00 degrees 55 minutes 47 seconds West along said westerly
boundary a distance of 68.57 feet to the point of beginning.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following condition of approval-
1. Prior to right-of-way vacation, the petitioner shall submit a revised legal
description identifying a minimum 20-foot public utility easement within the
vacation boundary to be retained for an existing public water main.
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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)
We iL�NyvFr.F M1.1.YITA11111.7
PRESIDENT OF SAID COMMON COUNCIL
DAY OF , 2016.
MAYOR OF SAID CITY
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