HomeMy WebLinkAboutResolution No. 238-17 - MayoClinic.VacationPetitionR2017-003VAC
RESOLUTION NO. ________________
WHEREAS, Mayo Clinic initiated a proceeding to vacate a portion of a public alleyway
running north to south between Third Avenue S.W., and Second Avenue S.W., north of Fifth
Street S.W., and south of Fourth 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 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 a portion 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
a portion of 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:
The North-South alley in Block 7, ORIGINAL PLAT OF ROCHESTER,
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Olmsted County, Minnesota, lying south of 4 Street SW and north of 5
Street SW.
BE IT FURTHER RESOLVED that the approval of this vacation request is subject to
compliance with the following conditions of approval:
1. The utilities in the alley must be relocated at Petitioner’s expense, or
Petitioner must grant the City an easement over the existing utilities.
2. This resolution must not be recorded until such time as the applicant and the
City have executed an agreement whereby the applicant agrees to dedicate
back to the City the public right-of-way described in this resolution should the
City fail to approve a development plan within five years from the date of this
resolution.
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)
Zone15\\Vacate\\ROW.1703
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