HomeMy WebLinkAboutResolution No. 569-15 - Goerss/Wagner.VacateAlleyEasement.R2015-007ACRESOLUTION NO.
WHEREAS, Sean Goerss and Susan Wagner initiated a proceeding to vacate an alley
easement over a portion of Lots 8, 9, and 10, Block 13, Northern Addition. The property is located
at 810 Fourth Avenue N.W., and 304 Ninth Street N.W.; 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 November 2, 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 November 2, 2015; and
WHEREAS, the Common Council convened on November 2, 2015, investigated and
considered the matter of the vacation of the alley 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, 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 alley easement in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the alley easement described as follows are hereby vacated and abandoned:
The northern half of the alleyway in Block 13 of Northern Addition to Rochester
adjacent to Lots 8, 9 and 10.
BE IT FURTHER RESOLVED that this vacation approval is subject to the condition that,
prior to recording this resolution vacating the petitioned portion of the alleyway, an easement shall
be dedicated per satisfaction of CenturyLink.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\Vacate\Easement.1507
MAYOR OF SAID CITY
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