HomeMy WebLinkAboutResolution No. 249-04 r -
RESOLUTION
WHEREAS, McDonald Corporation, Courtesy Corporation, S. Gruszynski, P. Sexton, L.
Thorie, and Robnik LLP, initiated a proceeding to vacate the alley right-of-way in Block 36,
Northern Addition. The alley is located east of North Broadway, south of 12th Street N.E., west
of First Avenue N.E., and north of 11th Street N.E.; 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 May 17, 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 May 17, 2004; and
WHEREAS, the Common Council convened on May 17, 2004, and investigated and
considered the matter of the vacation of the alley 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 a portion of the alley right-of-way in question. The entire alley right-of-way cannot be
vacated because of the absence of access easements from numerous individual property
owners that would permit an individual who currently uses the alley to access a garage.
•
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
wochester that the following described right-of-way is hereby vacated and abandoned:
The 15-foot wide alley lying adjacent to Lots 1, 2, 3, 4, 7, 8, 15 and 16, Block 36,
NORTHERN ADDITION, City of Rochester, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The applicant (i.e., McDonalds Corporation/Courtesy Corporation) must
enter into an alley maintenance agreement with the City for the eastern
portion of the alley that will remain in place.
2. The applicant must dedicate a public utility easement over the entire
vacated alley right-of-way.
3. The applicant must pay for all costs associated with the relocation of any
utilities.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF � �-,- -� , 2004.
�U
/� J1 (DENT OF SAID COMMON COUNCIL
ATTEST: J-a&u Q/Y1C l
CITY CLERK
APPROVED THIS 19k) DAY OF � ! 12004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Vacate.ROW.0404
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