HomeMy WebLinkAboutResolution No. 396-08 •
RESOLUTION NO. -08
WHEREAS, Olmsted Medical Center initiated a proceeding to vacate 50 feet of the
controlled access along the south side of Lot 2, Block 1, Harvestview Second Subdivision. The
property is located along the north side of 55th Street N.W., and east of 52"d Avenue N.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
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 50 feet of the controlled access located along the south line of Lot 2,
Block 1, Harvestview Second.
BE IT FURTHER RESOLVED that this vacation is subject to the applicant's satisfaction of
the following conditions:
1. The owner must dedicate and record via Quit Claim Deed controlled access
over the easterly 50 feet of the 55th Street N.W., frontage. The Quit Claim
Deed for the controlled access shall be recorded within 90 days from the
date of City Council approval. Failure to record the Quit Claim Deed for
controlled access within 90 days will void the resolution for approval.
2. The resolution for vacation approval must not be recorded until such time
as the applicant dedicates and records the Quit Claim Deed for controlled
access over the easterly 50 feet of the 55th Street N.W., frontage.
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS jt� D OF A10 , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:( y
CITY CL RK
APPROVED THIS 55 6 DAY OF , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zon e05\Vacate\RO W.0814
2