HomeMy WebLinkAboutResolution No. 146-21 - Vacation No. CD2021-004VAC, by TJM Byron LLC & T Macken
RESOLUTION
Approving Vacation No. CD2021-004VAC, by TJM Byron LLC & T Macken
Properties LLC., for vacating 11th Street SE, between 11th Avenue SE and the
Auditor’s Plat A Subdivision (Bear Creek Corridor Parcel).
WHEREAS, TJM Byron LLC & T Macken Properties LLC initiated a proceeding to vacate
a portion of right-of-way of 11th Street SE, between 11th Avenue SE and The Auditor’s Plat
A Subdivision, 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, 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 6:00 p.m. on July 19, 2021; and
WHEREAS, the City Clerk filed the petition in the 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 6:00 p.m. on July 19, 2021; and
WHEREAS, the Common Council convened on July 19, 2021, 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, Council finds it is in the best interest of the public to vacate the right-of-way.
Specifically the Council finds:
1. It is in the public interest to vacate undeveloped public street right-of-way that will not
serve public connectivity interests in either the near or long term future.
2. Existing surface drainage needs to be maintained across the vacated right-of-way until
such time a development plan is approved to modify existing drainage.
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:
That portion of 11 Street SE, Rochester, Minnesota, legally
described as follows:
That portion of 11 St. SE, as platted on the plat of PARK
HOME SUBDIVISION, lying northerly of, immediately
adjacent to Lots 1, 2, 3, 4, and 5 Block 3 PARK HOME
SUBDIVISION, and southerly, and immediately adjacent to
Lots 5, 6, 7, 8, and 9, Block 2, PARK HOME SUBDIVISION,
and lying easterly of 11 Avenue SE.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following condition of approval:
1. Existing surface drainage needs to be maintained across the vacated ROW until such
time a development plan is approved to modify existing drainage.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)