HomeMy WebLinkAboutResolution No. 246-08 SJ
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RESOLUTION NO. z�?4)LP -d 21
WHEREAS, B'nai Israel Synagogue initiated a proceeding to vacate the west 131 feet of
the east-west dedicated alley right-of-way in Block 8, William McCullough's Addition. The alley
right-of-way is located east of Seventh Avenue S.W., north of Second Street S.W., and north of
*the new B'nai Israel Synagogue facility currently under construction; and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, [t]he
Common Council may, by resolution adopted by five affirmative votes, vacate any public street,
alley, way, grounds or easement, or any part thereof, upon its own motion or by acting upon a
petition filed by the owners of at least fifty percent of the lands which abut the line of the portion
of the public street, alley, way, grounds or easement, or parts thereof, proposed to be vacated;"
and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter further states
that, [n]o vacation shall be made unless the Common Council finds that to do so is in the public
interest;" 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 May 5, 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 May 5, 2008; and
• WHEREAS, the Common Council convened on May 5, 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:
The west 131.00 feet of the east west alley in Block 8, William McCullough's
Addition, Rochester, Minnesota, as dedicated on said Addition.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. The applicant must dedicate and record a ten-foot wide utility easement for
the existing overhead power line located in the alley petitioned to be
vacated, and dedicate and record a new public alley easement as
recommended by the City Public Works Department in its March 19, 2008,
memo. The new easement must be recorded within 60 days from the date
of City Council approval. Failure to record the easement within 60 days will
void this resolution.
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2. This vacation resolution cannot be recorded until such time as the applicant
dedicates and records the ten-foot wide utility easement for the existing
overhead power line, and dedicates and records a new public alley
easement as recommended by the City Public Works Department in its
March 19, 2008, memo.
3. The applicant is required to provide modifications to the parking lots that will
abut the new alley providing curbing/separation between the parking stalls
and the new alley access. The modifications to the parking lots shall be
approved by the City Public Works Department.
4. A revised Incentive Development site plan showing the parking lot
configuration and landscaping shall be reviewed and approved as required
by the City of Rochester Zoning Ordinance and Land Development Manual.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS_�— DAY OF , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: L/ ;
,DSPUrt CITY CLERK
APPROVED THIS 6 DAY OF , 2008.
00,001,
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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