HomeMy WebLinkAboutResolution No. 072-07 3
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RESOLUTION NO. D
WHEREAS, City of Rochester initiated a proceeding to vacate a portion of the right-of-
Way along the west side of Fourth Avenue S.E., between Fifth Street S.E., and Sixth Street S.E.;
ar)d,
• 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 February 5, 2007; 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 5, 2007; and
WHEREAS, the Common Council convened on February 5, 2007, 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:
• The west 2.80 feet abutting Lots 7 and 10, Block 3 of East Rochester
Addition.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. Weis Development must dedicate three feet of the additional right-of-way
along 3rd Avenue SE, as determined by the Department of Rochester
Public Works. The right-of-way dedication shall include the previously
required 7 foot wide pedestrian easement.
2. The resolution of approval must not be recorded until such time as the
dedication of the additional right-of-way along 3rd Avenue SE as
determined by the Department of Rochester Public Works, has been
completed.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _Cq _ DAY OF �°t�0/ i _, 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTESTL
A*1AC �R-K
APPROVED THIS DAY OF 12007.
' MAYOR OF SAID CITY
(Seal of the City of
Rochester;'Minnesota)
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