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RESOLUTION
WHEREAS, Independent School District #535 initiated a proceeding to vacate the public
right-of-way (Seventh Street S.W.) dedicated adjacent to Lot 9, Block 2, Dresb'ach's Addition.
The right-of-way is located south of Folwell School and west of 15th Avenue S.W.; 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 September 20, 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 September 20, 2004; and
WHEREAS, the Common Council convened on September 20, 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 CouncilJt 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.
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• 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 Seventh Street S.W., westerly of the northerly extension of the east
line of Lot 9, Block 2, Dresbach's Addition and easterly of Trunk Highway 52.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The applicant must dedicate the entire vacated public right-of-way as a
new utility easement.
2. The applicant must not record this resolution until such time as the
petitioner dedicates a new utility easement.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 207-H DAY OF 2004.
PF&S1DENT OF SAI15 COMMON COUNCIL
•ATTEST:��
CITY CLERK.
APPROVED THIS Z/sT DAY.OF ) 2004.
Xdeze
MAYOR OF SAID CITY
.(Seal of the City of
Rochester, Minnesota)
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