HomeMy WebLinkAboutResolution No. 165-13RESOLUTIO
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WHEREAS, 2"d Street Parking, LLC, initiated a proceeding to vacate the east -west public
alley located east of 13th Avenue S.W., betweeO First Street S.W., and Second Street S.W, and
adjacent to Lots 7-14, Block 5, A.W. Kutzky's Addition; and,
• WHEREAS, Section 17.00 of the Citx ofi 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 March 4, 2013; a d
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 March 4, 2013; and
WHEREAS, the Common Council convened on March 4, 2013, investigated and
considered the matter of the vacation of the right-of-way and gave all interested parties an
is opportunity to be heard and to present evidence; and
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WHEREAS, the Council continued the March 41h public hearing to March 18th and April
1 St; 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 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:
That part of the east -west alley within Block 5, A.W. KUTZKY'S ADDITION,
Rochester, Minnesota, lying adjacent to Lots 7-14 in said Block 5.
BE IT FURTHER RESOLVED that this vacation is subject to the following
conditions:
1. The resolution must not be recorded until such time as the applicant
and the City have executed an agreement whereby the applicant
agrees to dedicate back to the City the east -west public alley
described in the resolution should the applicant fail to obtain City
• final approval of a development! plan consistent with the Second
Street, Corridor Plan, other than a surface parking 1pt, for the
adjacent property five years from the date of this resolution.
2. The applicant shall provide proof of a recorded access easement
over that portion of the alley between Lots 7 and 14 that provides
adequate access to Lot 14, Block 5, A.W. Kutzky's Addition or
withdraw vacating the portion of the alley between Lots 7 and 14.
3. The applicant shall dedicate and record a public utility easement
over the existing alley to be vacated that includes public access and
maintenance rights until suc time that the utilities are
abandoned/relocated through the edevelopment process.
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The resolution must not be recorded until such time as the applicant
dedicates and records an 18-foot wide public access easement
running from the existing east/west public alley to First Street and
parallel to Lots 7-14, Block 5, A.W. Kutzky Addition to the City of
Rochester. (The blue area shown on the attached map.)
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /57- DAY OF , 2013.
ACTING N AID
COMMO UNCIL
ATTEST:
eITY CLERK
APPROVED THIS 7AII DAY OF A�k, 2013.
AYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\ROW .13 01
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