HomeMy WebLinkAboutResolution No. 133-10 •
RESOLUTION NO. 13✓ 1
WHEREAS, GH Holdings initiated a proceeding to vacate a portion of the First Avenue
S.W., right-of-way to allow for an entrance element that cantilevers over the public right-of-way
for a building. The area proposed to be vacated is four feet by 24 feet which lies above a
1 orizontal plane, the elevation of which is 1013.00 feet and which lies below another horizontal
plane, the elevation of which is 1037.00 feet, adjacent to Lot 8, Block 10, Original Plat. The area
is located along the east side 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 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
�ommon Council at 7:00 p.m. on April 5, 2010; and
WHEREAS, the Common Council convened on April 5, 2010, 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
r
• — ----_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 1st Avenue SW lying adjacent to Lot 8, Block 10, ORIGINAL PLAT,
Rochester, Minnesota, which lies above a horizontal plane, the elevation of which
is 1013.00 feet (National Geodetic Vertical Datum, 1929 Adjustment), and which
lies below another horizontal plane, the elevation of which is 1037.00 feet, and
further described as follows:
Commencing at the northwest corner of said Lot 8; thence South 01 degree 01
minute 01 second East, assumed bearing, along the west line of said Lot 8, a
distance of 4.00 feet for the point of beginning; thence continue South 01 degree
01 minute 01 second East, along said west line, 24.00 feet; thence South 88
degrees 58 minutes 59 seconds West, 4.00 feet; thence North 01 degree 01
minute 01 second West, 24.00 feet; thence North 88 degrees 58 minutes 59
seconds East, 4.00 feet to the point of beginning.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 54-10 DA OF 1'1 , 2010.
RESIDENT OF SAID COMMON COUNCIL
ATTEST: Uffto'tl �A�-�-�-
DaPUT'If CITY CLERK,/ U
APPROVED THIS DAY OF 2010.
.00
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone101vacate\ROW.1002
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