HomeMy WebLinkAboutResolution No. 319-10 s} .
RESOLUTION NO. D
WHEREAS, Gerald Rishavy initiated a proceeding to vacate all of the right-of-way and
utility easements per document 321791 lying within Lot 13 Allendale. The property is located
.along the east side of the East Frontage Road of Trunk Highway 52 and south of Park Place
Motors; 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 August 2, 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 August 2, 2010; and
WHEREAS, the Common Council convened on August 2, 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
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:
Vacate all of the right-of-way and utility easements dedicated in document 321791
lying within Lot 13 Allendale-Subdivision of the Southwest Quarter of Section 22,
Township 107 North, Range 14 West, except that part of Trunk Highway No. 52
per Minnesota Department of Transportation Right of Way Plat No. 55-58.
BE IT FURTHER RESOLVED that this vacation resolution is subject to the following
conditions:
1. The applicant shall dedicate and record a drainage and utility easement
over the entire depicted on the applicant's Certificate of Survey as
"Resultant Easement Area". The new easement 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;
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2. The resolution must not be recorded until such time as the applicant
dedicates and records the new easement described on the applicant's
Certificate of Survey as "Resultant Easement Area"; and
3. The applicant shall pay the City fair market value for the area to be
vacated without restrictions as depicted on the applicant's Certificate of
Survey as "Easement Area to be Vacated". The payment shall be
received within 90 days from the date of City Council approval. Failure to
pay the City within 90 days will void the resolution for the vacation
approval.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 3 n6 DA O , 2010.
P EtTIJLNT OF tAfb COMMON COUNCIL
ATTEST: l�-�Q21^
�=pvT CITY CLERK
APPROVED THIS DAY OF 12010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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