HomeMy WebLinkAboutResolution No. 401-12 z
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RESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate the northerly 33 feet of
the public right-of-way abutting the southerly line of Lot 5, Block 4, Lenwood Heights, which is
adjacent to the property located at 2212 Brook Lane 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 September 17, 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 September 17, 2012; and
WHEREAS, the Common Council convened on September 17, 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 northerly 33 feet of the public right-of-way abutting the southerly line of Lot 5,
Block 4, Lenwood Heights.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 1�'1'1 DAY F , 2012.
ACTING ESIDENT OF SAID
COM COUNCIL
ATTEST:
oapuTy CITY Cl
APPROVED THISh DAY OF m , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\vacate\ROW.1207
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