HomeMy WebLinkAboutResolution No. 395-08 RESOLUTION NO. ��qJr-Da
WHEREAS, MSIR 6, LLC, initiated a proceeding to vacate 60 feet of the controlled
access along the east side of Lot 1, Block 1, Willow Center Subdivision. The property is located
•along the west side of Commercial Drive S.W., and north of Carlton Street S.W; 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 August 4, 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 August 4, 2008; and
WHEREAS, the Common Council convened on August 4, 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
Ost interests of the City of Rochester, its inhabitants and all other members of the public to
cate 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:
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Sixty (60) feet of the controlled access along the east side of Lot 1, Block 1, Willow
Center Subdivision.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following condition:
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1. The resolution for vacation approval must not be recorded until such time
as the final plat known as Willow Creek Second Subdivision (Final Plat
#R2008-010PLAT by MSIR 6, LLC) has been approved by the City Council.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS D OF T , 2008.
I PRESIDENT OF SAID COMMON COUNCIL
*TEST: C%� �.,J
CI ERK
APPROVED THIS DAY OF S� , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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