HomeMy WebLinkAboutResolution No. 501-03 J
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RESOLUTION
WHEREAS, B & G Holding Corporation initiated a proceeding to vacate the public road
right-of-way (11 th Avenue N.W.) located adjacent to the north end of the Hillcrest Shopping
Center and east of Highway 52; and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the
Q'ity of Rochester that this petition would be heard and considered by the Common Council at a
public hearing at 7:00 p.m. on September 15, 2003; 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 September 15, 2003; and
WHEREAS, the Common Council convened on September 15, 2003, and investigated
and considered the matter of the vacation of the alley 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 interest of the City of Rochester, its inhabitants and all other members of the public to
vacate the right-of-way in question.
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• 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:
That part of 11th Avenue NW as originally dedicated in Replat of Bielenberg
& Giese Fourth Addition, lying adjacent to the following described property
Lot 1 Block 1 of Replat of Outlot 1 and Block 1 of Replat of Bielenberg &
Giese Fourth Addition to the City of Rochester, Olmsted County, Minnesota.
BE IT FURTHER RESOLVED that this vacation is subject to the following conditions:
1. Prior to the recording of the vacation, the applicant shall dedicate a utility
easement for any utilities that will remain in the area after being vacated.
2. The vacation of the right-of-way shall not be recorded until MnDOT
releases the temporary easement over 11 th Avenue NW to;the City of
Rochester.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /6M DAY OF z>2: Q7 2003.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
Cl Y CL RK
APPROVED THIS DAY OF L:t71VG�— , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Vacate.RO W.0306
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