HomeMy WebLinkAboutResolution No. 321-10 4q 7
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RESOLUTION NO. 3 a d
WHEREAS, First Homes Properties, Inc., initiated a proceeding to vacate the public right-
of-way dedicated as right of way in the platting of Elliot's Resubdivision of Block 6 and 11
Cummings Addition and adjacent to lots in the Cummins Addition; the north nine feet of Fourth
9-treet NW lying between Sixth Ave NW and the westerly right-of-way of Seventh Ave NW; and
the permanent channel easement contained in document no. 670634. The areas are located
south of Civic Center Drive, west of Sixth Avenue NW and east of Cascade Creek; 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
Wommon 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:
That part of the North 9 feet of 4th Street NW (platted as 9th Street), as measured
at right angles to the existing north right-of-way of said 4th Street NW, lying
between the southerly extension of the westerly right-of-way 6th Avenue NW
(platted as Clark Street) and the westerly right-of-way of 7th Avenue NW (platted as
Grant Street), all in the plat of CUMMINGS ADDITION TO ROCHESTER, Olmsted
County, Minnesota.
AND
That portion of the public right-of-way running east-west through Block 11 of Elliot's
Resubdivision of Block 6 and 11 Cummings Addition; and the public right-of-way
• running north — south along the west side of Block 11 of Elliot's Resubdivision of
Block 6 and 11 Cummings Addition lying south of the right-of-way of Civic Center
Drive N.W.
AND
That part of the Permanent Channel Easement contained in Document No.
670634, lying easterly of the following described line;
Commencing at a point located at the intersection of the westerly right-of-way line
of 7th Avenue NW (platted as Grant Street) and the south line of the North 9 feet of
4th Street NW (platted as 9th Street, as measured at right angles to the north line
of said 4th Street NW (platted as 9 h Street) as shown on the plat of CUMMINGS
ADDITION TO ROCHESTER, Olmsted County, Minnesota; thence South 89
degrees 25 minutes 14 seconds West, assumed bearing along the westerly
extension of said south line of the North 9 feet of 4th Street NW, a distance of
43.69 feet to the point of beginning of the line to be described; thence North '14
degrees 27 minutes 53 seconds East, a distance of 115.78 feet; thence North 27
degrees 05 minutes 14 seconds East, a distance of 75.31 feet; thence North 17
degrees 30 minutes 05 seconds East, a distance of 54.24 feet; thence North 89
degrees 25 minutes 57 seconds East, a distance of 16.70 feet, more or less to the
westerly line of the public right-of-way running north-south along the west side of
Block 11 of ELLIOT'S RESUBDIVISION OF BLOCKS 6 AND 11 CUMMINGS
ADDITION TO THE CITY OF ROCHESTER, Olmsted County, Minnesota and said
line there terminating.
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BE IT FURTHER RESOLVED that this vacation resolution is subject to the following
conditions:
1. The resolution must not be recorded until such time as the pending land
transfer between the City and First homes has been completed. Said land
transfer shall occur within 90 days from the date of City Council approval.
Failure to complete the land transfer within 90 days will void the resolution
for the right-of-way vacation approval;
2. The applicant is responsible for any utility relocation cost or any cost
associated with abandoning facilities; and
3. The vacation request is contingent upon approval of Restricted
Development Plan Final Plan R2009-02CUP.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS a ngC D 2010.
• Ya"YL
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: � D�L1
CITY CLER
APPROVED THIS DAY OFJi , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\Vacate\ROW.1009
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