HomeMy WebLinkAboutResolution No. 065-05 �{ � �Y �.f ��... }?� err,-we-5'•- � e.+tw ' Y�� r.�'.t x .
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RESOLUTION
WHEREAS, Mayo Clinic initiated a proceeding to vacate that portion of Second Avenue
S.W., lying between First Street and Second Street S.W., to accommodate a pedestrian plaza
between the Mayo and Plummer buildings; and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the
Wity 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 23, 2005; 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 23, 2005; and
WHEREAS, the Common Council convened on February 23, 2005, 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.
• 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 Second Avenue (formerly Franklin Street) lying between Blocks 24
and 25, Original Plat of Rochester, Minnesota.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. The applicant must dedicate the entire vacated right-of-way as a
public drainage and utility easement. Alternatively, the applicant
may negotiate agreements with individual utility companies or
entities to establish easements for their respective utilities, and
shall file copies of such agreements as a substitute for dedication
of the entire right-of-way.
2. An adequate water supply shall be provided for fire protection
including hydrants properly located and installed in accordance with
the specifications of the Rochester Public Utilities Water Division.
Hydrants shall be placed prior to commencing building construction.
3. The applicant shall provide a 16-20 foot wide access lane for
• emergency vehicles from Second Street S.W., to the proposed
Plummer Plaza to be located adjacent to the Mayo Building and
have a drive over curb along Second Street S.W. The 16-20 foot.
wide access lane shall be designed to accommodate the loads and
weight of a fire department aerial apparatus allowing such an
apparatus to work this area if the situation arises.
4. The applicant must not record this resolution until such time as the
applicant provides documentation establishing easements for the
respective utilities companies.
5. The applicant shall be responsible for any costs associated with
restoring any retaining walls, landscaping or pavement repair for
any existing utilities that may need to be accessed for repairs
and/or maintenance.
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•' PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DA F a9y , 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CI CLERK
APPROVED THIS DAY OF �E '��� �1 , 2005.
MAYOR OF SAID CITY
(Seal'of the City of
R'och'ester, Minnesota)
'Zone05\Vacate\ROW.0422
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