HomeMy WebLinkAboutResolution No. 229-11 •
RESOLUTION NO.
WHEREAS, Paul and Margaret Scanlon initiated a proceeding to vacate First Street S.E.,
west of Sixth Avenue S.E., and east of Mayo Park Drive S.E.; and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, "[t]he
01-ommon 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 16, 2011; 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 16, 2011; and
WHEREAS, the Common Council convened on May 16, 2011, 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:
That part of Lot 1, A.B. Haggerty's Subdivision of Lots of Lots 5 and 6, State
Subdivision of School Section 36, Township 107 North, Range 14 West,
Rochester, Minnesota, described as follows:
Commencing at the Northeast corner of said Lot 1 for the point of beginning of the
land to be described, thence South 89 degrees 01 minute 33 seconds West,
assumed bearing, along the north line thereof a distance of 108 feet, thence South
00 degrees 58 minutes 27 seconds East a distance of 18.00 feet to the north line
of the South 29.00 feet of said Lot 1, thence easterly along the north line of the
South 29.00 feet of said Lot 1 to the westerly line of 6t Avenue SE, thence
northerly along the westerly line of 6th Avenue SE to the point of beginning.
BE IT FURTHER RESOLVED that this vacation is subject to satisfaction of the following
conditions:
1. The applicant shall dedicate a public drainage and utility easement over
• the entire area First Street SE right-of-way (existing and previously
vacated) from 6th Avenue SE to Mayo Park Drive SE, as well as an access
agreement for the benefit of the abutting property owned by the
applicants. The new easements shall be recorded within 90 days from the
date of City Council approval. Failure to record the new easement within
90 days will void the resolution for the vacation approval.
2. The resolution must not be recorded until such time as the applicant
dedicates a public drainage and utility easement over the entire area of
First Street SE right-of-way (existing and previously vacated) from 6tn
Avenue SE to Mayo Park Drive SE, as well as an access agreement for
the benefit of the abutting property owned by the applicants.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D OF , 11.
P`kESIDENT OF SAID COMMON COUNCIL
ATTEST: !�
ioamm;r, CITY CLrzRk
APPROVED THIS DAY OF / la , 2011.
T♦
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zonel WacatelROW.1101
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