HomeMy WebLinkAboutResolution No. 365-14 • 365-14 F1
RESOLUTION NO. 365-14
WHEREAS, Eric and Melissa Eggler, and Gail Kinsey initiated a proceeding to vacate a
66-foot wide public right-of-way to the east of Lot 1, Block 1 of Cascade Manor plat and to the
west of Lot 12, Block 1 of Louisa Reiter's Addition. The area is located between 1147 and 1203
• Second Street N.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 August 4, 2014; and
WHEREAS, the City Clerk filed the petition in his 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 August 4, 2014; and
WHEREAS, the Common Council convened on August 4, 2014, 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
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:
The 33 feet of right-of-way adjacent to the west lot line of Lot 12, Block 1, Plat of
Louisa Reiter's Addition to the City of Rochester and the 33 feet of right-of-way
adjacent to the east lot line of Lot 1, Block 1, Plat of Cascade Manor.
BE IT FURTHER RESOLVED that the approval of this vacation is subject to the
following conditions of approval:
1. A 30-foot wide public easement shall be dedicated in an alignment that is
mutually acceptable to the Owners, the City's Park and Recreation
Department, and the City's Public Works Department. This public
easement shall be recorded within 90 days from the date of City Council
• approval. Failure to complete the public easement within 90 days will void
the resolution for the right-of-way vacation approval.
2. The applicant shall dedicate a three-foot wide easement over the
CenturyLink facilities along the west and north end of the vacation area.
This easement shall be recorded within 90 days from the date of City
Council approval. Failure to complete the easement within 90 days will void
the resolution for the right-of-way vacation approval.
3. The vacation resolution must not be recorded until such time as the
easements are recorded.
4. If the stairs are moved, they shall be relocated to be at least a minimum of
five feet from the west easement edge.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 18th DAY OF AUGUST _ 2014.
PRESIDENTO SAID COMMON COUNCIL
ATTEST;
CITY CLERK
APPROVED THIS 19th DAY OF AUGUST 2014.
• MAYOR OF SAID CITY
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