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HomeMy WebLinkAboutResolution No. 023-07 1� 6-7 RESOLUTION NO. 095-07 WHEREAS, YMCA of Rochester, Inc., initiated a proceeding to vacate right=of-way and utility easements described as that part of Seventh Street S.W., adjoining and abutting Blocks 106 and 107, Willson's Addition to the Town, now City of Rochester, lying westerly of the •westerly right-of-way line of First Avenue S.W., and lying easterly of the centerlines of the alleys in said Blocks 106 and 107; 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 January 3, 2007; and WHEREAS, the City Clerk filed the petition in her 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 January 3, 2007; and WHEREAS, the Common Council convened on January 3, 2007, investigated and considered the matter of the vacation of the right-of-way and utility easements, 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 and utility easements in question. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of *Rochester that the following described right-of-way, and utility easements -located therein, is hereby vacated and abandoned: • That Part of Seventh Street S.W., adjoining and abutting Blocks 106 and 107, Willson's Addition to the Town, now city, of Rochester, according to the plat thereof on file in the County Recorder's Office, Olmsted County, Minnesota, lying westerly of the westerly right of way line of First Avenue S.W., and lying easterly of the centerlines of the alleys in said Blocks 106 and 107. BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of the following condition: 1. The applicant is responsible for the costs associated with the relocation of any existing utilities. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS c3 DAY OF 2007. i PRESIDENT OF SAID COMMON COUNCIL • ATTEST. egg/,�/,�� CI RK APPROVED THIS J(d DAY OF 2007. T' MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zo ne05Wacate\ROW.0614 • 2 *************** -COMM. JOURNAL- ******************* DATE JAN-04-2007 ***** TIME 17:18 ******** MODE = MEMORY TRANSMISSION START=JRN-04 17:17 END=JRN-04 17:18 FILE NO.=999 STN NO. COMM. ABBR NO. STATION NAME/TEL NO. PAGES DURATION 001 OK $ 92689342 003/003 00:00:29 -CITY CLERK - ************************************ -15072858256 CITY CLERK'S OFFICE VAX TRANSMITTAL COVER PAGE WORK PHON9: (507)285-8086 FAX PHONE: (507)285-8256 DATE: C�k�3 4 Z7 . FROM: Judy SCherr, CMC City Clerk City Clerk's Office, Room 135 201 Fourth Street S.S. Rochester, Minnesota 55904 TO: Pd'n Don CAA sr���-- TOTAL NUMBER OF PAGES, INCLUDING COVER SHEET: t3 FAX NUMBER SEND TO: 98b-934Z IF YOU NEED A RE-SEND OF ANY PAGE, PLEASE CALL (507) $85-8086. IF YOU DO NOT CALL, WE WILL ASSUME YOU RECEIVED THE PAGES SATISFACTORILY. COMMENTS: CONFIDENTIALITY NOTICE: The documant(s) accompanying this 9AZ contain confidential information which is legally privileged. This information is intended only for the use of the intended recipient. You are hereby notified • that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information except its direct delivery to the intended recipient named above is strictly prohibited. xf you have received this FAX in error, please notify us immediately be telephone (507) 585-8086, to arrange for return of the original documents to us.