HomeMy WebLinkAboutResolution No. 657-04 • p , IIIII IIIIIIIIIIII II IIIII IIIII ,
OFFICE OF COUNTY RECORDER,
Olmsted County,Minnesota
I hereby certify that this document was filed in this office
on 4/01/2005 at 3:30:00 PM and was duly
recorded as document number A-1057426
DANIEL J.HALL—County Recorder,by Deputy.
-P
Well Certificate:_Received _Not Required
Abstr.— yes_ no
Fees:
Total $19.50
Received from/return to: -
CITY CLERK
RESOLUTION
WHEREAS, The Prow Company, Inc., John and Teresa Allers, Dale Eiden and Terrance
McGill initiated a proceeding to vacate the 18-foot wide platted alley adjoining Lots 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14 and 15, Block 3, Conley's Addition to the City of Rochester. The property
is located east of 11th Avenue N.W., north of Civic Center Drive and southerly of Sixth Street
-:N.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 December 6, 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 December 6, 2004; and
WHEREAS, the Common Council convened on December 6, 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 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 the 18.00 feet platted Alley in Block 3 of Conley's Addition to the City
of Rochester, Olmsted County, Minnesota, described as follows:
Beginning at the Northeast corner of Lot 12, in said Block 3; thence southerly
along the West line of the Alley to the Southeast corner of Lot 15 in said Block;
thence easterly at a right angle 18.00 feet, to the East line of said Alley; thence
northerly along said East line to the Northwest corner of Lot 19 in said Block;
thence southeasterly along the southerly line of said Alley, to the Northeast corner
of Lot 22 in said Block; thence northerly at a right angle, 18.00 feet to the North
line of said Alley; thence northwesterly along said North line to the Southwest
corner of Lot 11 in said Block and the East line of the Alley; thence northerly, along
said East line, to the Northwest corner of said Lot 11; thence westerly 18.00 feet to
the point of beginning.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The owner must dedicate ten feet of additional right-of-way along the
entire frontage of the property abutting 11th Avenue N.W.
• 2. The applicant must not record this resolution until such time as the
petitioner dedicates the additional right-of-way for 11 Avenue N.W.
3. In addition, if the City Council does not initiate vacating the remaining
segments of the alley right-of-way along the Pearl Vision property and
Lots 2 & 24 extending to the frontage road, the applicant must not record
this resolution until such time as the applicant has executed a
maintenance agreement with the City for the remainder of the alley right-
of-way segment, abutting the Pearl Vision property and Lots 2 and 24,
Block 3, Conley's Addition.
4. The Owner must construct a northerly extension of the alley right-of-way
along the east of line of site making a connection to Sixth Street N.W.
The public alley extension must be constructed at the Owner's expense
concurrent with redevelopment of the property and must include the
execution of a city-owner contract. Alternatively, Owner must execute a
private cross-easement agreement with the owners of Lots 23 and 24
prior to the recording of this resolution.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS Z )n4 DAY OF 2004.
PRE-81DENT OF SAfD COMMON COUNCIL
ATTEST:
CI ERK
APPROVED THIS Z15r DAY OF Z)5i6M 2004.
C H S
MAYOR OF SAID CITY
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