HomeMy WebLinkAboutResolution No. 098-04 RESOLUTION
WHEREAS, Thomas Green and Bruce Ackland initiated a proceeding to vacate the
public road right-of-way dedicated adjacent to Lot 1, Block 1, and Outlot A, Willow Center
Subdivision. The roadway is known as 36th Street S.W., and is along the north side of the
Mills Fleet Farm properties and west of the Highway 63 frontage road; 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 February 18, 2004; 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 February 18, 2004; and
WHEREAS, the Common Council convened on February 18, 2004, and 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 interest of the City of Rochester, its inhabitants and all other members of the public to
vacate the right-of-way in question.
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• RESOLVED b the Common Council of the City of •
NOW, THEREFORE, BE IT R y y
Rochester that the following described right-of-way is hereby vacated and abandoned:
Vacate right-of-way for 36th St. SW located adjacent to Outlot A, Block 2, and
Lot 1, Block 1 of Willow Center Subdivision, and west of the TH 63 West
Frontage Road.
BE IT FURTHER RESOLVED that this vacation is subject to the following condition:
1. Prior to the recording of this resolution, the applicant must execute utility
easement documents with the City in order to protect the existing utilities
in the right-of-way.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS / DAY OF , 2004.
/�;'�- /�J.C.% �w .,2•7 t..-/.E.- '�.
PRE)SIOENT OF SAID COMMON COUNCIL
• ATTES •
CI C ERK
APPROVED THIS DAY OF 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Vacate.ROW.0401