HomeMy WebLinkAboutResolution No. 088-26 - Resolution - CD2026-02VAC - 2nd Ave. NW Vacation
RESOLUTION
Approving Vacation Petition No. CD2026-002VAC by City of Rochester, For the
nd
Vacation of 2 Ave NW, a 66-foot-Wide Local Residential Street Right-of-Way,
th
Located North of 26 St NW, Within The Valhalla Second Subdivision Plat.
WHEREAS The City of Rochester requests that the city vacate an existing public right-
of-way and utility easements; and
WHEREAS Section 17.00 of the City of Rochester Home Rule Charter states that, “the
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
“no vacation shall be made unless the Common Council finds that to do so is in the public
interest”; and
WHEREAS Rochester Community Development filed the petition in their 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 on May 4, 2026; 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 members of the public to vacate
the right-of-way; and
WHEREAS the specific areas in which are to be vacated are provided by the following
legal description and as depicted by the Map attached to this resolution.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the right-of-way described as follows is hereby vacated and abandoned.
AREA OF RIGHT-OF-WAY RELEASE
All of the right-of-way of 2nd Avenue NW lying adjacent to Lot 2, Block 3 and Lot 1, Block
4, Valhalla Second Subdivision, according to the recorded plat thereof, City of Rochester,
Olmsted County, Minnesota.
Retaining a 5-foot wide utility easement over the north five feet and a 10-foot wide utility
easement over the south 10 feet of the vacated right-of-way.
BE IT FURTHER RESOLVED that the City has approved Vacation Petition No. CD2026-
002VAC.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2026.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)