HomeMy WebLinkAboutResolution No. 609-15 - ChateauCircleLLC.VacatePetitionR2015-009VACRESOLUTION NO.
WHEREAS, the City of Rochester initiated a proceeding to vacate the platted right-of-way
between Lot 1, Block 4 and Lot 2, Block 5 of 55t" Street First Subdivision. The property is located
north of 55t" Street N.W., and west of Chateau Road 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 December 7, 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 December 7, 2015; and
WHEREAS, the Common Council convened on December 7, 2015, investigated and
considered the matter of the vacation of the right-of-way, 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 in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the following described right-of-way and public access easement are hereby vacated and
abandoned:
The platted right-of-way lying between Lot 1, Block 4 and Lot 2, Block 5, 55t"
Street Estates First Subdivision.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions-
1. Developer/Owners of Chateau Circle LLC will be responsible for all
relocation costs for Charter Communications to vacate the public right-of-
way. Advance payment of relocation costs will be required prior to any
relocation efforts. Relocation costs can be provided upon request.
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 1 5\Vacate\ROW. 1509
MAYOR OF SAID CITY
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