HomeMy WebLinkAboutResolution No. 400-16 - UofMRochester.VacatePetition.AlleyROW.R2016-004VACRESOLUTION NO.
WHEREAS, the Regents of the University of Minnesota initiated a proceeding to vacate a
portion of the alley right-of-way lying within Block 107, Willson's Addition to the City of Rochester.
The property is located south of Sixth Street S.W., west of First Avenue S.W., and east of Second
Avenue 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 September 7, 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 September 7, 2016; and
WHEREAS, the Common Council convened on September 7, 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 Block 107, WILSON'S ADDITION TO THE CITY OF ROCHESTER,
Olmstead County, Minnesota, described as follows:
Commencing at a point on the north line of said Block 107, WILSON'S
ADDITION TO THE CITY OF ROCHESTER, being the south line of 6t" Street
SW, at a point 128.00 feet east of the Northwest corner of said Block 107,
thence South, parallel with the east line of said Block 107, being the west line of
1st Avenue NW., a distance of 134.00 feet; thence east parallel to said north line
of said Block 107 a distance of 12.00 feet to the actual point of beginning of the
land to be described; thence south parallel with said east line of Block 107 a
distance of 113.50 feet; thence east parallel to said north line of Block 107 a
distance of 18.00 feet; thence north parallel to said east line of Block 107 a
distance of 113.50 feet; thence west parallel to said north line a distance of
18.00 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.1604
MAYOR OF SAID CITY
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