HomeMy WebLinkAboutResolution No. 256-13s
RESOLUTION NO. 25-10-/3
WHEREAS, Matthew and Paula Ames initiated a proceeding to vacate a portion of Ninth
Avenue S.W., and a portion of the east -west public alley located adjacent to 316 Ninth Avenue
S.W.; 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 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 May 20, 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 May 20, 2013; and
WHEREAS, the Common Council convened on May 20, 2013, investigated and
considered the matter of the vacation 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
Wnterested 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 10.00 feet of State Street, now known as 9th Avenue S.W.
and that part of the north 5.5 feet of the east -west public alley, as originally platted
in COLLINS SUBDIVISION OF BLOCK 30, Head and McMahon's Addition to
Rochester, according to the plat thereof, on file at the County Recorder's office,
Olmsted County, Minnesota, which adjoins and lies immediately adjacent to the
following described property, said property being part of Lot 8 of said COLLINS
SUBDIVISION OF BLOCK 30, Head and McMahon's Addition to Rochester:
The South 47 feet of the West 90 feet of Lot 8; and that part of the West 68 feet of
Lot 8, lying north of the South 47 feet of the West 90 feet of said Lot 8, EXCEPT
the North 71feet of said Lot 8.
. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS A07-4 DAY OF �, , 2013.
RESIDENT,OF SAID COMMON COUNCIL
ATTEST: ZdA
CITY C1 ERK
APPROVED THIS Z/sr DAY OF 2013.
(Seal of the City of
Rochester, Minnesota)
Zone10\Vacate\ROWA 304
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MAYOR OF SAID CITY