HomeMy WebLinkAboutResolution No. 168-08 7777777777
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RESOLUTION NO.
WHEREAS, Brentwood Development, LLC, initiated a proceeding to vacate the 18-foot
wide alley right-of-way abutting Lots 1-12, Block 5, William McCullough's Addition. The property
is located between First Street N.W., and Second Street N.W., and Fifth Avenue N.W., and Sixth
• Avenue 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 March 17, 2008; 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 March 17, 2008; and
WHEREAS, the Common Council convened on March 17, 2008, 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:
Lots 1 through 12 inclusive, Block 5, WILLIAM McCULLOUGH'S ADDITION to the
City of Rochester, Olmsted County, Minnesota.
Y
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
We following condition:
1. The developer agrees to pay the relocation costs of Qwest facilities as
recommended in the referral comment from Qwest, dated February 6,
2008.
2. This vacation resolution cannot be recorded until such time as a City
prepared agreement is executed that addresses the storm water runoff
resulting from the Owner's parking lot.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS r/i74 DAY OF 1})AZ -( , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS /5� DAY OF /noW— , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
1Zone05\Vacate\R0W.0 803
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