HomeMy WebLinkAboutResolution No. 472-15 - VacatePetitionR2015-002VAC.RubiconCapitalLLCRESOLUTION NO.
WHEREAS, Rubicon Capital, LLC, initiated a proceeding to vacate the right-of-way that is
dedicated as Maine Avenue S.E., adjacent to Lot 1, Block 3 and Lot 1, Block 2 of Fleet Farm
Addition to Rochester. The applicant is also proposing to vacate the ten -foot wide drainage and
utility easement adjacent along the north side and south side of the right-of-way. The roadway is
not constructed and would have completed Maine Avenue S.E., from Forest Knoll Drive S.E., to St.
Bridget road S.E., (county State Aid Highway 20); and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, "[t]he
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,
"[n]o vacation shall be made unless the Common Council finds that to do so is in the public
interest;" and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Charter of the City
of Rochester that this petition would be heard and considered by the Common Council at a public
hearing at 7.00 p.m. on September 21, 2015; and
WHEREAS, the City Clerk filed the petition in his 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 at 7.00 p.m. on September 21, 2015; and
WHEREAS, the Common Council convened on September 21, 2015, investigated and
considered the matter of the vacation of the right-of-way and drainage and utility easement, and
gave all interested parties an opportunity to be heard and to present evidence; and
WHEREAS, on the basis of the petition filed, the testimony and evidence presented by
interested parties, the recommendation of the Planning and Zoning Commission, and the
investigation and consideration of the matter by the Common Council, it appears that it is in the
best interests of the City of Rochester, its inhabitants and all other members of the public to vacate
the right-of-way, and the drainage and utility easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the following described right-of-way is hereby vacated and abandoned:
That part of Maine Avenue S.E. as shown on FLEET FARM ADDITION TO
ROCHESTER, according to the plat thereof on file at the Recorder's Office,
Olmsted County, Minnesota, lying southeasterly and easterly of the following
described line:
Commencing at the northeast corner of Lot 1, Block 2, said FLEET FARM
ADDITION TO ROCHESTER; thence westerly on a Minnesota State Plane Grid
Azimuth from North of 270 degrees 17 minutes 18 seconds along the north line
of said Lot 1 a distance of 558.02 feet; thence westerly 240.84 feet on a
tangential curve concave northerly along said north line, having a radius of
550.70 feet and a central angle of 25 degrees 03 minutes 26 seconds to the
northwest corner of said Lot 1 and the point of beginning: thence northeasterly
32 degrees 11 minutes 47 seconds azimuth 98.42 feet to the northeasterly right-
of-way line of said Maine Avenue S.E. and there terminating.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions:
1. The resolution vacating the petitioned right-of-way and easements
must not be recorded by the City until such time as the applicant has
provided the City with a public street dedication and utility easement in
recordable form for the 56' wide right of way commensurate with the
new section of street shown on Preliminary Plat R2015-025PLAT as
accomplished through a final plat.
2. The resolution vacating the petitioned right-of-way and easements must
not be recorded by the City until such time as the applicant has
provided the City with public utility easements for the existing hydrant
and water main stub into the property.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
ATTEST:
CITY CLERK
APPROVED THIS
(Seal of the City of
Rochester, Minnesota)
Zone 1 5\Vacate\ROW. 1502
DAY OF
PRESIDENT OF SAID COMMON COUNCIL
MAYOR OF SAID CITY
2015.
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