HomeMy WebLinkAboutResolution No. 171-25 - Resolution - Vacation of Land 6th Street SE
RESOLUTION
Approving Council Initiated Vacation 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
th
Addition lying north of Bear Creek and South of 4 Street SE.
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 City Council initiated the vacation of said right of way based on a prior
vacation request Resolution 068-024 that the petitioner failed to fulfill their condition of
said vacation; and
WHEREAS on the basis of the prior 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.
WHEREAS Resolution 068-24 named a specific entity for the purchase agreement and
there is now a new entity purchasing the property and this resolution shall be rescinded
by this new 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:
Right of way lying between Block 35 and Block 36 of said subdivision lying north of Bear
Creek.
BE IT FURTHER RESOLVED that Resolution 068-24 is hereby rescinded, and the City
approved City Council Initiated Vacation with the following conditions:
Approval of the Vacation request is subject to the Buyer/Developer’s compliance
with the terms of the Purchase Agreement between the Buyer/Developer 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 _______________, 2025.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2024.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)