HomeMy WebLinkAboutResolution No. 036-11 •
RESOLUTION NO.
WHEREAS, the Boys & Girls Club of Rochester and the Child Care Resource & Referral
Headstart Partnership jointly initiated a proceeding to vacate Tenth Avenue S.E., betty en East
Center Street and First Street S.E.; and,
• WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states th t, "[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 v cated;"
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 t I 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 January 3, 2011; and
WHEREAS, the City Clerk filed the petition in her office and, by publication in thi official
newspaper at least ten days prior to the public hearing, gave notice that the petition h d been
filed, briefly stating its request, and stated that the petition would be heard and considere I by the r
Common Council at 7:00 p.m. on January 3, 2011; and .
WHEREAS, the Common Council convened on January 3, 2011, investiga ed 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
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nvestigation and consideration of the matter by the Common Council, it appears that it is in the ie st
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 portion of the public right-of-way of 10th Avenue SE lying between Center
Street East and First Street SE within Lots 11 and 12 of State Plat of Section 36,
Township 107, Range 14, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that this vacation is subject to satisfaction of the following
conditions:
1. The vacation request is contingent upon approval of Adaptive Reuse
Conditional Use Permit#R2010-026CUP.
2. The resolution must not be recorded until such time as the applica t
receives final approval of Adaptive Reuse Conditional Use Permit #R201 -
026CUP.
3. Tenth Avenue between East Center Street and First Street S.E., must be
ismaintained as a two-way private driveway accessible to the public.
4. Ten parking spots in the south parking lot must be made available for pub is
parking during evenings and weekends.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY O
ROCHESTER, MINNESOTA, THIS�=1DENT
, 2011.
SAID COMMON COU CIL
ATTEST:
TY LERK
APPROVED THIS DX( OF 2011.
r
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\ROW.1012
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