HomeMy WebLinkAboutResolution No. 068-24 - Resolution - CD2024-001VAC Behnken Vacation
RESOLUTION
Approving Vacation Petition No. CD2024-001VAC by Chad Behnken to vacate a 66-
foot-wide public right-of-way located between Lot 6 and 7, Block 35 and Lot 8 and 9,
Block 36 Morse and Sargeant’s Addition.
WHEREAS Chad Behnken requests that the city vacate a portion of an existing public
right-of-way; and
WHEREAS Section 17.00 of the City of Rochester Home Rule Charter states that, “the
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
“no vacation shall be made unless the Common Council finds that to do so is in the public
interest”; and
WHEREAS Rochester Community Development filed the petition in their 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 on April 4, 2024; and
WHEREAS based on the petition filed, the testimony and evidence presented by
interested parties, and the investigation and consideration of the matter by the Common
Council, it appears that it is in the best interests of the members of the public to vacate
the easement; and
WHEREAS the specific areas which are to be vacated are provided by the following legal
description and as depicted by the Map attached to this resolution.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the public right-of-way described as follows is hereby vacated and abandoned:
DESCRIPTION OF PROPOSED RIGHT OF WAY VACATION:
That part of Sixth Avenue Southeast (formerly Cherry Street), as dedicated in MORSE
AND SARGEANT'S ADDITION, according to the plat thereof on file at the County
Recorder's office, Olmsted County, Minnesota, described as follows:
Beginning at the northwest corner of Block 36, said MORSE AND SARGEANT'S
ADDITION; thence South 00 degrees 45 minutes 15 seconds East along the west line of
said Block 36 a distance of 121.50 feet; thence South 89 degrees 14 minutes 45 seconds
West 33.00 feet to the centerline of said Sixth Avenue SE; thence North 00 degrees 45
minutes 15 seconds West along said centerline a distance of 8.34 feet; thence South 89
degrees 14 minutes 45 seconds West a distance of 33.00 feet to the east line of Block
35, said MORSE AND SARGEANT'S ADDITION; thence North 00 degrees 45 minutes
15 seconds West along said east line a distance of 113.62 feet to northeast corner of said
Block 35; thence North 89 degrees 38 minutes 44 seconds East 66.00 feet to the point of
beginning.
BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024-
001VAC with the following condition:
1. Approval of the Vacation request is subject to the applicant/developer’s
th
compliance with the terms of the Purchase Agreement between the 4 St
Multifamily LLC and the City of Rochester for City lands abutting the proposed
vacation property.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2024.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)