HomeMy WebLinkAboutResolution No. 131-10 P
RESOLUTION NO. 13 1-)0
WHEREAS, Samaritan Bethany initiated a proceeding to vacate the 15-foot wide platted
alley right-of-way located between Lots 11, 12, 13, Block 23 of Northern Addition to Rochester.
The alley is located south of Ninth Street N.W., and east of Second Avenue N.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 April 5, 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 April 5, 2010; and
WHEREAS, the Common Council convened on April 5, 2010, investigated and
0-onsidered 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
Onvestigation 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 a 15.00 foot wide public alley, as originally dedicated in Block 23 of
NORTHERN ADDITION TO ROCHESTER, according to the plat thereof on file at
the County Recorder's office, Olmsted County, Minnesota, lying adjoining to and
easterly of Lots 12 and 13 of said Block 23.
BE IT FURTHER RESOLVED that the approval of the vacation of this right-of-way is
subject to the following conditions:
1. The Owner shall execute a maintenance agreement to address the Owner's
obligations for snow removal for the dead end segment of the north/south
alley abutting the property. Failure to execute the maintenance agreement
within 60 days will void this resolution approving the vacation.
2. This resolution must not be recorded until such time as the applicant
executes the required maintenance agreement.
• 3. The approval of this vacation is subject to the approval of the Amendment
of Restricted Development#R2009-028 CUP being approved.
4. The Owner is responsible for all costs associated with the modification and
relocation of the overhead power line and CAN feeder line thru area being
vacated.
5. Sufficient concrete pad to allow property owner to back out into vacated
alley.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY F-/ 12010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: Uojo`U
SQt ury CITY CLERK/(�
APPROVED THIS N/ DAY OF �'�r , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\ROW.1001
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