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OFFICE OF COUNTY RECORDER
Olmsted County,Minnesota
I hereby certify that this document was filed in this office
on 3/12/2007 at 11:00:00 AM and was duly (JJ
recorded as document number A-1128641
W MARK KRUPSKI-Co Recorder,by_Deputy
_P
Well Certificate:_Received _Not Required
Abstr.— yes_ no
Fees:
Total $46.00
Received from/return to:
/ CITY CLERK
RESOLUTION NO. 075--07
WHEREAS, Mayo Foundation and Brentwood Motor Inn of Rochester initiated a
proceeding to vacate the alley right-of-way abutting Lots 1 through 6, Block 4, William
McCullough's Addition and Lots 1 through 6, Block 42, Original Plat located between First Street
•N.W., and Second Street N.W., west of the Brentwood Inn & Suites; 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 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 east 6.00 feet of Lots 1 through 6, Block 4, William McCullough's Addition to
Rochester, Minnesota, and the west 6.00 feet of Lots 1 through 6, Block 42, \� ,v=
Original Plat of Rochester, Minnesota. L
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BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
Oe following condition:
1. All costs associated with relocation of any existing utilities shall be the
responsibility of the petitioner.
2. The applicant must dedicate a new utility easement for the existing and/or
new utility easement locations if utilities remain in the alley.
3. The applicant must not record the resolution of approval until such time as
the applicant dedicates new utility easements for the utilities location.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS l DAY OF 2007.
l i
PRESIDENT OF SAID COMMON COUNCIL
ATTEST•
CITY CLERK
• APPROVED THIS DAY OF 2007.
MAYOR OF SAID CITY
�(Sedl ofthe City of
>,Roch6ster,;Minnesota) ,-
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