HomeMy WebLinkAboutResolution No. 383-12 •
RESOLUTION NO.
WHEREAS, Sundeep and Nita Khosla initiated a proceeding to vacate a portion of Third
Street S.W., that is adjacent to their south property line. The property is located along Third
Street S.W., and has an address of 815 Third Street S.W.; and,
0 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 20, 2012; 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 August 20, 2012; and
WHEREAS, the Common Council convened on August 20, 2012, to consider this matter
and, at the petitioner's request, continued the hearing until September 5, 2012; and,
• WHEREAS, the Common Council convened on September 5, 2012, 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 north 25 feet of the right-of-way of 3`d Street SW lying adjacent to a portion
of Block 29 Head and McMahon's Addition to the City of Rochester, Minnesota
described as commencing at a point on the South line of Block 29, Head and
McMahon's Addition to the City of Rochester, Minnesota, which point is 118 feet
West of the Southeast corner of said Block 29, thence North parallel with the
East line of said Block 162 feet, thence West parallel with the South line of said
Block 100 feet, thence South 2 feet, thence West parallel with the South line of
said block 140 feet to the West line of said Block, thence South along the West
line of said Block to the Southwest corner thereof, thence East along the South
line of said Block 240 feet to place of beginning, less the West 90 feet thereof;
less that portion of the right-of-way beginning at the southeast corner of the West
• 90 feet of Block 29 in said Head and McHanhon's Addition; thence North 90
degrees 00 minutes 00 seconds East, assumed bearing, along the South line of
said Block 29, a distance of 5.00 feet; thence South 57 degrees 01 minute 27
seconds East, 45.93 feet to the south line of the North 25 feet of said 3`d Street
SW; thence South 90 degrees 00 minutes 00 seconds West, along said south
line, 43.00 feet to the southerly prolongation of the East line of the West 90 feet
of said Block 29; thence North 01 degree 13 minutes 20 seconds West, along
said southerly prolongation, 25.01 feet to the point of beginning and less that
portion beginning at a point that is 20 feet south of the northeast corner of said
right-of-way, thence south 5 feet, thence West parallel with the North line of said
right-of-way 18 feet, thence northeasterly to the place of beginning.
BE IT FURTHER RESOLVED that this vacation is subject to satisfaction of the following
conditions:
1. The applicant shall be responsible to widen the portion of Third Street S.W.,
adjacent to their property to not less than 20 feet in width.
2. The widening of Third Street S.W., shall be completed within 150 days from
the date of City Council approval of the vacation. Failure to complete the
work within 150 days will void the resolution for the right-of-way vacation
approval.
• 3. The resolution must not be recorded until such time as the applicant has
widen the remaining portion of Third Street S.W., to not less than 20 feet in
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width, and the work has been permitted, completed, inspected, and
approved by the City's Public Works Department.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS L M DAY OF T15M6 U. , 2012.
ACTING P$ESIDENT O' SAID
COMML4. COUNCIL
ATTEST:
CITY CtERK
APPROVED THIS 67H DAY OF_��� j'yJ lt_ , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\ROW.1204
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