HomeMy WebLinkAboutResolution No. 537-09 •
RESOLUTION NO.
WHEREAS, Thomas and Laura Prow initiated a proceeding to vacate a portion of the
platted alley right-of-way located between Lot 1 and Lot 6, Block 6, Elliott's Resubdivision, north
of Fourth Street N.W., a portion of the Fifth Avenue right-of-way located north of Fourth Street
W.W., and a portion of Fourth Street N.W., located east of Fifth Avenue N.W., all located 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 November 2, 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 November 2, 2009; and
• WHEREAS, the Common Council convened on November 2, 2009, and continued the
public hearing ultimately until December 7, 2009; and,
WHEREAS, the Common Council convened on December 7, 2009, investigated and
Oonsidered 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 rights-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:
The South 11.00 feet of the West 255.00 feet of that part of the street right-of-way
of Fourth Street N.W., in the City of Rochester, Olmsted County, Minnesota, lying
westerly of the westerly right-of-way line of Fourth Avenue N.W., and easterly of
the easterly right-of-way line of Fifth Avenue N.W.
Said tract contains 2805 square feet, more or less.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following condition:
• 1. The applicant must pay for the removal of all existing utility or gas lines
located within the proposed requested vacated area.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 7T,4 DA cMB- , 2009.
PRESIDENT OF SAID COMMON COUNCIL
r
ATTEST-
CITY CLERK
APPROVED THIS SH) DAY OF 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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