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HomeMy WebLinkAboutResolution No. 232-24 - CD2024-006VAC - Vacation of Right of Way for Mayo Clinic RESOLUTION Approving Vacation Petition No. CD2024-006VAC by Mayo Clinic to vacate five public right-of-ways and alleys generally located in the downtown area of Rochester. WHEREAS Mayo Clinic requests that the city vacate a portion of five existing public right- of-ways and alleys; 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 November 18, 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 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 First Street SW which lies westerly of the westerly right of way line of Fourth Avenue SW, in the City of Rochester, Olmsted County, Minnesota, described as follows: Beginning at the northeast corner of Block 27, ORIGINAL PLAT OF ROCHESTER, according to the recorded plat thereof; thence South 89 degrees 36 minutes 07 seconds West, assumed bearing, along the north line said Block 27, to the northwest corner of said Block 27; thence North 89 degrees 49 minutes 27 seconds West, along the north line of Block 1, Wm. McCULLOUGH’S ADDITION, according to the recorded plat thereof, and along the north line of vacated Fifth Avenue SW (formerly Court Street), 34.00 feet; thence North 00 degrees 10 minutes 33 seconds East, 75.00 feet to the south line of Block 2, in said Wm. McCULLOUGH’S ADDITION; thence South 89 degrees 49 minutes 27 seconds East, along said south line, 33.63 feet to the southwest corner of Block 28, in said ORIGINAL PLAT OF ROCHESTER; thence North 89 degrees 36 minutes 07 seconds East, along the south line of said Block 28, a distance of 136.37 feet to the southeast corner of said Block 28; thence South 00 degrees 17 minutes 54 seconds East, along the westerly right of way line of Fourth Avenue SW, 75.00 feet to the point of beginning. And The West 25.00 feet of Second Avenue SW which lies southerly of the southerly right of way line of Center Street West and northerly of the southerly right of way line of Vacated First Street SW, all in the City of Rochester, Olmsted County, Minnesota. And That part of Third Avenue SW which lies southerly of the southerly right of way line of Center Street West and northerly of the northerly right of way line of Second Street SW, all in the City of Rochester, Olmsted County, Minnesota. And That part of Fourth Avenue SW which lies southerly of the southerly right of way line of Center Street West and northerly of the northerly right of way line of Second Street SW, all in the City of Rochester, Olmsted County, Minnesota. And That part of the dedicated east-west alley which lies adjacent to Lots 1, 2, 3, 6, 7 and 8, all in Block 1, HEAD AND McMAHON’S ADDITION, according to the recorded plat thereof, Olmsted County, Minnesota. And That part of the dedicated east-west alley which lies within Block 11, Wm. McCULLOUGH’S ADDITION, according to the recorded plat thereof, Olmsted County, Minnesota. BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2024- 006VAC with the following conditions: 1. Prior to Recordation of the Vacation Resolution, Mayo and the City shall finalize all terms of the development agreement as described in the Public Works review letter dated October 18, 2024. 2. Prior to Recordation of the Vacation Resolution, the applicant shall record easements as described in the RPU-Water review dated 10/08/2024. 3. Prior to Recordation of the Vacation Resolution, the applicant shall record easements as described in the RPU-Electric review dated 10/11/2024. 4. Prior to the issuance of a Building Permit for the redevelopment of this site, a public easement shall be dedicated as a pedestrian passageway for north-south movements in either the 4th Ave SW or 3rd Ave SW corridor. 5. Site development shall comply with all conditions outlined in approved Mayo traffic study. 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)