HomeMy WebLinkAboutResolution No. 020-18 - VacationPetitionOfRightOfWay.MayoClinic.R2017-009VAC
RESOLUTION NO. ________________
WHEREAS, Mayo Clinic initiated a proceeding to vacate a portion of right-of-way located
along the south side of Valleyhigh Drive 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 January 3, 2018; 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 January 3, 2018; and
WHEREAS, the Common Council convened on January 3, 2018, investigated and
considered the matter of the vacation of a portion 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
a portion of 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 is hereby vacated and abandoned:
A vacation of any interest, whatsoever, of existing right-of-way or easement for
highway, street or road purposes over, under, and across the following
described area:
That part of the Northwest Quarter of the Southwest Quarter of Section 21,
Township 107 North, Range 14 West, Olmsted County, Minnesota, bound by the
following:
Bounded on the west by the west line of the Northwest Quarter of the Southwest
Quarter of said Section 21;
Bounded on the south by that portion of County Road U vacated per resolution
82-79, filed as Document Number 451996, of record in the office of the County
Recorder, Olmsted County, Minnesota;
Bounded on the east by a curve 50-feet parallel with and westerly of the
centerline of the Chicago and Great Western Railroad;
Bounded on the north by the southerly line of Olmsted County Right of Way Plat
Number 95, on file and of record in the office of the County Recorder, Olmsted
County, Minnesota.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following condition of approval:
1. Prior to the recording of this vacation resolution, public utility easements
required by RPU for an existing public water main, existing underground and
overhead electric and communications service, and a ten-foot easement
adjacent to the new right-of-way boundary shall be recorded.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _________ DAY OF _________________, 2018.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:________________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2018.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Vacate\\ROW.1709
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