HomeMy WebLinkAboutResolution No. 462-06 •
RESOLUTION NO. 10 "
WHEREAS, Mayo Clinic Rochester initiated a proceeding to vacate the north-south alley
located adjacent to Lots 3-6, Block 1, Cummings Addition and Lots 3-5, Block 55, Original Plat
and along the west line of Lot 2, Block 55, Original Plat and the access easement over a part of
Lot 2, Block 1, Cummings Addition. The property is located north of Second Street N.W., west
*of Fourth Avenue N.W., and north of the existing Hope Lodge Development; 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 6, 2006; 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 6, 2006; and
WHEREAS, the Common Council convened on September 6, 2006, 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:
Public alley located between Lots 3, 4, 5, 6, Block 1, Cummings Addition
and Lots 3, 4, 5, Block 55, Original Plat of the City of Rochester, the public
• alley located along the west boundary line of Lot 2, Block 55, Original Plat
of the City of Rochester, and the Access Easement to the City of Rochester
over the part of Lot 2, Block 1, Cummings Addition as more particularly
described in the Agreement dated June 29, 1993, and recorded July 1,
1993, in Book M-5 of Misc., Page.263.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following condition:
1. The applicant must not record the resolution of approval until such time as
the applicant either dedicates a utility easement over existing facilities in
the right-of-way, or documents their agreement to pay expenses
associated with relocating existing utilities and makes arrangements with
the existing utilities (i.e. Qwest) for doing so.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS &/74 LYF -- , 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLIEERK
APPROVED THIS lt6 DAY OF , 2006.
MAYOR OF SAID CITY
(Seal,of the City of
Rochester, Minnesota)
Z6 ne05\Vacate\ROW.0610
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