HomeMy WebLinkAboutResolution No. 372-16 - VacatePetition.R2016-003VAC.HaydenProperties,LLCRESOLUTION NO.
WHEREAS, Hayden Properties initiated a proceeding to vacate a portion of right-of-way of
40t" Avenue S.E, lying adjacent to Lot 11, Block 5 of Sunnydale No. Two Plat. The property is
located along 40t" Avenue S.E., north of Sunnydale Lane S.E.; 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 August 15, 2016; 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 August 15, 2016; and
WHEREAS, the Common Council convened on August 15, 2016, 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 are hereby vacated and abandoned:
That part of 40th Avenue Southeast as dedicated on the recorded plat of
SUNNYDALE NO. TWO, Rochester, Minnesota, described as follows:
Commencing at the northeast corner of said SUNNYDALE NO. TWO; thence
South 89 degrees 31 minutes 42 seconds West, assumed bearing, along the
north line thereof, 29.98 feet for the point of beginning; thence South 00
degrees 33 minutes 32 seconds East, 55.71 feet; thence southerly 95.66 feet
along a tangential curve, concave to the east, radius of 333.00 feet and a
central angle of 16 degrees 27 minutes 36 seconds to the easterly
prolongation of the south line of Lot 11, Block 5, SUNNYDALE NO. TWO;
thence South 89 degrees 31 minutes 51 seconds West, along said easterly
prolongation, 0.50 feet to the southeast corner of said Lot 11; thence North 20
degrees 04 minutes 52 seconds West, along the easterly line of said Lot 11, a
distance of 159.29 feet to the northeast corner thereof; thence North 89
degrees 31 minutes 42 seconds East, along the north line of SUNNYDALE
NO. TWO, 40.09 feet to the point of beginning.
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 15\Vacate\ROW.1603
MAYOR OF SAID CITY
2