HomeMy WebLinkAboutResolution No. 465-09 •
RESOLUTION NO.
WHEREAS, First Home Properties 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 right-of-way is located west of Sixth
Avenue N.W., north of Fourth Street N.W., and south of Civic Center Drive 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 October 19, 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 October 19, 2009; and
WHEREAS, the Common Council convened on October 19, 2009, investigated and
Oconsidered 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 portion of the public right-of-way running east-west through Block 11 of
Elliott'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 Elliott's
Resubdivision of Block 6 and 11 Cummings Addition lying south of the right-of-way
of Civic Center Drive N.W.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. The resolution must not be recorded until such time as the pending land
swap between the City and First homes has been completed. Said land
swap shall occur within 120 days from the date of City Council approval.
Failure to complete the land swap within 120 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.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS q-h DA O �' n , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: L26V,O`Zt
CITY CLERK U
APPROVED THIS cam`'h DAY OF , 2009.
MAYOR OF SAID CITY
40(Seal of the City of
Rochester, Minnesota)
Zone 05\Vacate\ROW.0907
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