HomeMy WebLinkAboutResolution No. 211-15 - VacatePetition.SouthBrdwy/BrdwayCommons.R2014003VACRESOLUTION NO.
WHEREAS, South Broadway LLP and Broadway Commons Rochester LLC initiated a
proceeding to vacate the northerly 154.18 feet of the north -south alley within Block 33, Original
Plat, Rochester, Minnesota. The alley is located along the west side of the City parking lot, north
of the Broadway Residence and Suites by Bridge Street, and south of East Center Street; 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 July 7, 2014; 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 July 7, 2014; and
WHEREAS, the Common Council convened on July 7, 2014, 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, at the July 7, 2014, public hearing, the Council tabled this matter; and,
WHEREAS, at the May 4, 2015, council meeting, the Council removed this matter from the
table for further consideration; 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 is hereby vacated and abandoned:
All that part of the north -south alley within Block 33, ORIGINAL PLAT,
Rochester, Minnesota, lying north of the easterly prolongation of the south line
of the North Half of Lot 10 in said Block 33.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
ATTEST:
CITY CLERK
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2015.
(Seal of the City of
Rochester, Minnesota)
Zone 15\Vacate\ROW.1403
MAYOR OF SAID CITY
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