HomeMy WebLinkAboutResolution No. 257-18 - Kranz.VacationPetition.R2018-003VAC
RESOLUTION NO. ________________
WHEREAS, Gordon and Virginia Kranz initiated a proceeding to vacate a portion of right-
of-way located 150-feet east of the 3rd Street NE and 17th Avenue NE intersection; 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 July 16, 2018; 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 July 16, 2018; and
WHEREAS, the Common Council convened on July 16, 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, and the investigation and consideration of the matter by the Common Council,
the Council finds it is in the best interest of the public to vacate the right-of-way. Specifically the
Council finds:
1. The vacation is conditioned on the owner providing an easement back to the
City for access to Quarry Hill Park.
2. The existing ROW makes the neighboring property unbuildable. By vacating
the ROW, the Kranz family can build a home and the put the property on the
tax roll which will benefit the entire City.
3. The vacation will save the City from liability and maintenance costs.
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:
The north 34.00 feet of the east 100.00 feet of 3rd St. N.E. BOUTELLE’S SECOND
SUBDIVISION, according to the recorded plat thereof, Olmsted County, Minnesota. The west line
of said 34.00 feet is immediately adjacent to the east line of Lot 8 in said plat.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following condition of approval:
Prior to recording the vacation, Petitioners must provide Planning staff with a recorded easement,
or other recorded agreement, granting a 20 foot access to the parcel to the north (Parcel ID No.:
743641026834).
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.2018-003
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