Loading...
HomeMy WebLinkAboutResolution No. 180-24 - Resolution - CD2024-004VAC - Block 8 Cumming's Addition Alley Vacation RESOLUTION Approving Vacation Petition No. CD2024-004VAC by North Rock Real Estate for the vacation of an 18-foot Wide Alley Right-of-way Within Block 8 of The Cumming's Addition Subdivision Plat. WHEREAS North Rock Real Estate requests that the city vacate an existing public right- of-way and utility easements; 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 September 9, 2024; and WHEREAS on the basis of 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 right-of-way; and WHEREAS the specific areas in 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 easement described as follows is hereby vacated and abandoned, subject to the following conditions of approval: 1. The legal description submitted for the Public Right-of-Way Vacation shall be revised, referencing the Block of the Cumming’s Addition Plat the alleyway is located, per the following: “All of the platted alley, in the city of Rochester, Minnesota, lying south of the south right-of-way line of 3rd Street NW (Platted as 8th Street) and lying north of the north right-of-way line of 2nd Street NW (Platted as 7th Street), all within BLOCK 8 CUMMING'S ADDITION according to the plat thereof on file and of record in the County Recorder's Office, Olmsted County, Minnesota”. 2. Prior to the recording of the proposed vacation, applicant shall provide documentation to Community Development from LUMEN indicating all necessary fees for facilities relocation of LUMEN facilities have been addressed and the date in which the contractor is scheduled to begin relocation work. AREA OF RIGHT-OF-WAY RELEASE All of the platted alley, in the city of Rochester, Minnesota, lying south of the south right- of-way line of 3rd Street NW (Platted as 8th Street) and lying north of the north right-of- way line of 2nd Street NW (Platted as 7th Street), all within BLOCK 8 CUMMING'S ADDITION according to the plat thereof on file and of record in the County Recorder's Office, Olmsted County, Minnesota. BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024- 004VAC. 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)