HomeMy WebLinkAboutResolution No. 054-10 RESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate a portion of the Third
Street S.W., right-of-way and also the area above the 1018' elevation over the right-of-way
dedicated as Third Street S.W., adjacent to Lot 1, Block 18, Original Plat and Lot 5, Block 11,
�riginal Plat. The area is located west of First Avenue 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 February 1, 2010; 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 February 1, 2010; and
WHEREAS, the Common Council convened on February 1, 2010, investigated and
Oonsidered 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:
Those parts of Third Street S.W. and that part of First Avenue S.W. (formerly Main
Street), as dedicated on the ORIGINAL PLAT, Rochester, Minnesota, described
as follows:
Beginning at the northwest corner of Lot 5, Block 11, in said ORIGINAL PLAT,
thence North 88 degrees 58 minutes 56 seconds East, assumed bearing, along
the north line thereof, 130.13 feet to the northeast corner thereof; thence South 01
degree 01 minute 01 second East, along the east line thereof, 19.35 feet; thence
North 88 degrees 58 minutes 56 seconds East, 5.00 feet; thence North 01 degree
01 minute 01 second West, 52.35 feet; thence South 88 degrees 58 minutes 56
seconds West, 135.12 feet; thence South 00 degrees 59 minutes 40 seconds
East, 33.00 feet to the point of beginning.
ALSO:
Beginning at the southwest corner of Lot 1, Block 18, in said ORIGINAL PLAT,
thence North 88 degrees 58 minutes 56 seconds East, assumed bearing, along
the south line thereof, 130.14 feet to the southeast corner thereof; thence South
01 degree 01 minute 41 seconds East, 5.00 feet; thence South 88 degrees 58
minutes 56 seconds West, 130.14 feet; thence North 00 degrees 59 minutes 40
seconds West, 5.00 feet to the point of beginning.
ALSO:
All of that part of the following described property which lies above that certain
horizontal plane, the elevation of which is 1018.00 feet (National Geodetic Vertical
Datum, 1929 adjustment), and further being described as follows:
Commencing at the southwest corner of Lot 1, Block 18, in said ORIGINAL PLAT,
thence North 88 degrees 58 minutes 56 seconds East, assumed bearing, along
the south line thereof, 130.14 feet to the southeast corner thereof, thence South
01 degree 01 minute 41 seconds East, 5.00 feet to the point of beginning; thence
South 88 degrees 58 minutes 56 seconds West, 130.14 feet; thence South 00
degrees 59 minutes 40 seconds East, 37.00 feet; thence North 88 degrees 58
minutes 56 seconds East, 130.15 feet; thence North 01 degree 01 minute 01
second West, 37.00 feet to the point of beginning.
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t
i PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /�%'" DA(Y�6�F Fl. /. 2010.
l
P ESIDENT OF SAID COMMON COUNCIL
ATTEST.
CITY CLERK
APPROVED THIS Zb/DAY OF lr-eLtW19;eL/ , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\ROW.0908
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