HomeMy WebLinkAboutResolution No. 166-13is
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RESOLUTION NO. 1 &6-13
WHEREAS, Carpenter and Torgerson II, LLC, initiated a proceeding to vacate the east -
west public alley located east of 13t" Avenue S.W., between First Street S.W., and Second
Street S.W, and adjacent to Lots 4, 5, 20, and 21, Block 4, A.W. Kutzky'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 it of Rochester Home Rule Charter further states
that, "[n]o vacation shall be made unless the Co mon 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 April 1, 2013; 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 April 1, 2013; and
WHEREAS, the Common Council convened on April 1, 2013, investigated and
considered the matter of the vacation of the light -of -way and gave all interested parties an
• opportunity to be heard and to present evidence; and
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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 lying adjacent to Lots 4, 5, 20, and 21, all in Block
4, A.W. KUTZKY'S ADDITION to the City of Rochester, Olmsted County,
Minnesota, which lies above a height of 15 feet 6 inches above the ground.
BE IT FURTHER RESOLVED that this vacation is subject to the following
condition:
1. All costs associated with relocation of any existing utilities located 15
feet 6 inches or higher above the ground elevation shall be the
responsibility of the petitioners.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY
ATTEST:
CITY 6LERK
APPROVED THIS 2-id DAY OF
(Seal of the City of
Rochester, Minnesota)
Zone10\Vacate\ROW.1301 b
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ACTING PPnlDENT
COMM-OX COUNCIL
2013.
r
YOR OF SAID CITY
2013.
SAID
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