HomeMy WebLinkAboutResolution No. 125-22 - Resolution - Vacation Petition No. CD2022-002VAC, by 988 Rochester
RESOLUTION
Approving Vacation Petition No. CD2022-002VAC by 988 Rochester, LLC with three
conditions for the vacation of a 160-foot portion of a platted alley located south of
2nd St SW and west of 6th Ave SW.
WHEREAS, 988 Rochester requests that the city vacate a portion of an existing public
alley.
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 was heard April 27, 2022; 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 on May 16, 2022; 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 on May 16, 2022; and
WHEREAS, the Common Council convened on May 16, 2022; 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.
WHEREAS, the specific areas in which are to be vacated are provided by the following
legal descriptions and as depicted by the Map attached to this resolution.
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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:
Alley Vacation:
That part of the 18.00 feet wide public alley in Block 15 of HEAD AND McMAHON’S
ADDITION, according to the plat thereof on file at the County Recorder’s Office,
Olmsted County, Minnesota, lying north of the easterly extension of the south line of Lot
4 of said Block 15.
BE IT FURTHER RESOLVED that the City approve Vacation Application No. CD2022-
002VAC subject to the following conditions of approval:
1. An executed Individual Site Development Agreement (ISDA) shall be recorded prior to
recording the vacation. The ISDA will address Owner’s obligation to provide snow and
ice removal for the remaining public alley segments within this block.
2. Prior to recording the vacation, a 15-foot wide, private utility easement shall be executed
and recorded to the satisfaction of Rochester Public Utilities – Water.
3. New underground electric facilities will be required to be routed and installed within the
proposed alley vacation shown under Exhibit A. An access and utility easement shall
be generated for the underground electric facilities once the facilities are installed and
recorded prior to the completion of the project and issuance of a CO.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2022.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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