HomeMy WebLinkAboutResolution No. 267-17 - AlatusRochesterI,LLC.VacationPetitionR2017-00VAC
RESOLUTION NO. ________________
WHEREAS, Alatus Rochester I, LLC, initiated a proceeding to vacate a public alleyway
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south of Second Street S.W., running north to south between 14 Avenue S.W., and 15 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 June 5, 2017; 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 June 5, 2017; and
WHEREAS, the Common Council convened on June 5, 2017, 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 is hereby vacated and abandoned:
That part of the dedicated alley within FLATHERS ADDITION, Olmsted County,
Minnesota, described as follows:
Beginning at the northwest corner of BLONDELL’S FIRST SUBDIVISION;
thence South 00 degrees 35 minutes 33 seconds East, assumed bearing, along
the west line of said BLONDELL’S FIRST SUBDIVISION and along the west line
of said FLATHERS ADDITION, 361.11 feet; thence South 89 degrees 24
minutes 27 seconds West, parallel with the north line of said BLONDELL’S
FIRST SUBDIVISION, 15.00 feet to the east line of HAMMER & FANNING’S
ADDITION; thence North 00 degrees 35 minutes 33 seconds West, along said
east line, 361.11 feet to the northeast corner of Outlot 1, in said HAMMER &
FANNING’S ADDITION; thence North 89 degrees 24 minutes 27 seconds East,
15.00 feet to the point of beginning.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following condition of approval:
1. The vacation resolution shall be recorded concurrent with the Alatus Second
Street Development Final Plat.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _________ DAY OF _________________, 2017.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:________________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2017.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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Zone15\\Vacate\\ROW.1702
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