HomeMy WebLinkAboutResolution No. 043-16 - Pasalis.VacatePetition.R2015005VAC.2ndStreetParkng.RESOLUTION NO.
WHEREAS, Pete Pasalis initiated a proceeding to vacate an area platted as a public alley
dedicated as part of the Kutzky's Addition AW subdivision recorded in 1907, as well as a public
access easement recorded on June 20, 2013. The property is located south of First Street S.W.,
on the corner of 13t" Avenue S.W., and Second Street S.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, and, at the applicant's
request, continued the matter to various future council meetings; and,
WHEREAS, the Common Council convened on February 1, 2016, investigated and
considered the matter of the vacation of the right-of-way and public access 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 public access easement 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:
ALLEY VACATION DESCRIPTION
That part of the east -west alley within Block 5, A.W. KUTZKY'S ADDITION,
Rochester, Minnesota, lying adjacent to Lots 7 and 14 in said Block 5.
PUBLIC ACCESS EASEMENT VACATION DESCRIPTION
An easement for public access purposes over, under and across that part of Lot
7, Block 5, A. W. KUTZKY'S ADDITION, Rochester, Minnesota describes as
follows -
Commencing at the northeast corner of said Lot 7; thence South 88 degrees 38
minutes 45 seconds West, assumed bearing, along the north line of said Lot 7, a
distance of 8.77 feet for the point of beginning; thence South 02 degrees 27
minutes 20 seconds East, parallel with the west line of said Block 5, a distance
of 127.76 feet; thence South 46 degrees 55 minutes 03 seconds East, 9.79 feet
to the south line of said Lot 7; thence South 88 degrees 36 minutes 54 seconds
West, along said south line, 33.02 feet; thence North 43 degrees 05 minutes 47
seconds East, 11.43 feet; thence North 02 degrees 27 minutes 20 seconds
West, 126.48 feet to the north line of said Lot 7; thence North 88 degrees 38
minutes 45 seconds East, along said north line, 18.00 feet to the point of
beginning.
BE IT FURTHER RESOLVED that this vacation approval is subject to the following
conditions:
1. RPU has existing facilities running east/west in the existing utility
easement as well as north/south in the ROW along 13th Ave SW.
Arrangements must be made with RPU, for removal, relocation, or
installation of additional facilities, which will be at the Owner's expense.
The cost for necessary easements outside of the proposed property will
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be at the Owner's expense. This will need to be resolved prior to RPU
agreeing to vacate the existing utility easement.
2. Developer to work with RPU to provide any necessary easements.
3. The owner will provide and install any necessary conduit, hand holes, and
concrete streetlight bases as required by RPU.
4. Final construction plans will need to conform to RPU Electric Rules and
Regulations.
5. A cross access agreement is required for the properties to the east, or
evidence that Lots 15 and 16, Block 5, Kutzky's Addition AW, have
appropriate access.
6. The final vacation of the parcel will be contingent on the approval of the final
incentive plan.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2016.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF 2016.
(Seal of the City of
Rochester, Minnesota)
Zone 1 5\Vacate\ROW. 1505
MAYOR OF SAID CITY
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