HomeMy WebLinkAboutResolution No. 467-04 I A
RESOLUTION
WHEREAS, Carpenter and Torgerson II, LLC, initiated a proceeding to vacate the alley
right-of-way dedicated adjacent to Lots 1, 2, 3, 22, 23 and 24, Block 4, A.W. Kutzky's Addition to
the City of Rochester. The alley is located south of First Street S.W., north of Second Street
S.W., and west of 13th Avenue S.W., adjacent to the properties recently demolished for the
,future construction of a hotel;-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 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 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:
All that part of the alley shown on the plat of A. W. Kutzky's Addition to the City of
Rochester, which lies South of Lots 1, 2 and 3, and North of Lots 22, 23 and 24, of
Block 4 of A. W. Kutzky's Addition to the City of Rochester.
BE IT FURTHER RESOLVED that this vacation is subject to the following condition:
1. All costs associated with relocation of any existing utilities located 15 feet,
six inches or higher above ground elevation shall be the responsibility of
the petitioners.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 007H DAY OF 2004.
SIDENT OF 8AID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 1n5�9 , 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zo ne2000\Vacate.R0 W.0411
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