HomeMy WebLinkAboutResolution No. 208-09 •
RESOLUTION NO. •
WHEREAS, the City of Rochester initiated a proceeding to vacate a portion of First
Avenue N.E., and Fourth Street N.E., located along Block 63 within the Original Plat of
Rochester located east of Marigold Foods and west of the Rochester Public Utilities plant, north
of the DM&E/CP railroad and south of Sixth Street N.E.; 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 March 23, 2009; 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 March 23, 2009; and
WHEREAS, the Common Council convened on March 23, 2009, and continued the public
•hearing until April 20, 2009; and,
WHEREAS, the Common Council convened on April 20, 2009, and continued the public
hearing until May 18, 2009; and,
, a
• WHEREAS, the Common Council convened on May 18, 2009, 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 1st Avenue NE (formerly Oak Street) and 4th Street NE (formerly 9th
Street), Original Plat of Rochester, Olmsted County, Minnesota, described as
follows:
Beginning at the Northwest corner of Block 63; thence Southerly along the
Westerly line of said Block to the Southwest corner thereof; thence Easterly along
the Southerly line of said Block to the Southwest corner of the Easterly 40 feet of
Lot 7 of said Block; thence Southerly across said 4th Street NE to the Northwest
corner of the Easterly 40 feet of the Westerly 50 feet of Block 62; thence Westerly.
• along the Northerly line of said Block 62 to the Northwest corner thereof; thence
Southerly along the Westerly line of said Block 62 to a line that is 100 feet
Northeasterly and parallel with the centerline of the Dakota Minnesota and Eastern
Railroad; thence Westerly across said 1st Avenue NE along a line that is
perpendicular to said Westerly line to the Easterly line of Block 61; thence
Northerly along said Easterly line to the Northeast corner of said Block 61; thence
continuing Northerly to the Southeast corner of Block 64; thence continuing
Northerly along the Easterly line of said Block 64 to the Northeast corner thereof;
thence Easterly across said 1st Avenue NE to the Point of Beginning.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. Marigold Foods Inc. must dedicate and record an easement for the
existing underground electrical facilities and a five foot utility on either side
the existing Qwest Telephone buried cables and conduits. Failure to
record the new easement within 90 days of the City Council action will
void the resolution for approval. Responsibility for dedication of
easements is the responsibility of Marigold Food, Inc., as stated in the
Cooperative Agreement between Marigold Foods, Inc. and the City of
Rochester, dated November 17, 2008.
• 2. The resolution must not be recorded until such time as Marigold Foods,
Inc. dedicates and records an easement for the existing underground
electrical facilities and a five foot utility on either side the existing Qwest
2
• Telephone buried cables and conduits.
3. The Rochester Public Utilities — Water Division shall have rights to
maintain the existing public water main within this area until such time the
water main is relocated by the planned City Project J-07778.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS / 0 D F , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: LAINJ,yam
or,.pu= CITY CLE�kl<
APPROVED THIS / DAY OF / y A , 2009.
61
MAYOR OF SAID CITY
9—seal of the City of
ochester, Minnesota)
Zo ne05\Vacate\ROW.0 902
3