HomeMy WebLinkAboutResolution No. 137-19 - R2019-004VAC
RESOLUTION
WHEREAS, Trinity Lutheran Evangelical Church UAC, initiated a request to vacate public alley
right-of-way on parts of Lots 8, 9, & 10, Block 14 of the Head and McMahon's Addition; 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 Planning Department 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 8, 2019; and
WHEREAS, the Planning Department 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 at 7:00 p.m. on July 8, 2019; and
WHEREAS, the Common Council convened on May 8, 2019; investigated and considered the
matter of the vacation of the easement, 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, it appears that it is in the best interests of the members of the public to vacate the
easement, subject to the following condition of approval:
1. Prior to recording the Vacation, a revised Vacation Exhibit shall be updated to include
the vacation of the additional recorded document deeding public alley rights to the City
of Rochester over the 6-food wide alley (August 1950, Book 218, Page 404) to the
satisfaction of Rochester Public Works and the Rochester City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that
the easement described as follows is hereby vacated and abandoned:
Those parts of Lots 8, 9 and 10, Block 14, HEAD AND MCMAHON’S ADDITION,
Olmsted County, Minnesota, as described as follows:
The West 12.00 feet of the East 112.00 feet
ALSO
The West 6.00 feet of the East 100.00 feet.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _________ DAY OF _______________, 2019.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2019.
________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)