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HomeMy WebLinkAboutResolution No. 128-25 - Resolution - CD2025-005VAC Onward RESOLUTION Approving Vacation Petition No. CD2025-005VAC by Onward Investors, for Vacation thth of Right-of-Way and Easements associated with portions of 4 St NW and 5 Ave NW th south of Civic Center Dr NW and east of 6 Ave NW. WHEREAS Onward Investors requests that the city vacate right-of-way and easements thth associated with 4 St NW and 5 Ave NW. 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 June 2, 2025; 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 easements; and WHEREAS the specific areas in which are to be vacated are provided by the following legal description and as depicted by the Maps attached to this resolution. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the right-of-way and easements described as follows are hereby vacated and abandoned with the following conditions of approval: 1. Prior to the Recordation of the Vacation Resolution, the applicant shall dedicate all applicable Water Main Utility Easements and will be required to pay for all costs associated with the relocation. 2. Prior to the Recordation of the Vacation Resolution, the applicant shall dedicate all applicable Utility Easements and will be required to pay for the costs associated with their relocation. AREA OF RIGHT-OF-WAY AND EASEMENT RELEASE See attached exhibits. BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2025- 004VAC. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2025. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2025. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota)