HomeMy WebLinkAboutIX-01 Conduct Public Hearing to Vacate, Rescind, Terminate, and Release the Permanent Storm Water Easement Recorded as Document No. 891566City Council Memorandum
To: Mayor Fasbender & City Council Members
From:John Caven, P.E.–Assistant City Engineer
Date:May 5, 2025
Item:Conduct Public Hearing to Vacate, Rescind, Terminate, and Release the Permanent Storm Water
Easement Recorded as Document No. 891566
COUNCIL ACTION REQUESTED
Council is requested to conduct a public hearing to vacate, rescind, terminate and release a permanent
stormwater easement.
BACKGROUND
The National Guard Armory gained City approval to actively perform parking lot improvements on their site.
Stormwater basins were proposed to be added as part of the project,per City Ordinance 152. An outflow storm
pipe was designed to connect the storm water basin to the adjacent storm sewer infrastructure located on City
property. An easement was required and was recorded on March 11, 2025.
During construction, a private utility was unexpectedly found in the location of the stormwater basin. The
timeline for the utility company to move the line would greatly delay the project. The pond was redesigned to
allow the outflow pipe to connect into a storm sewer further away,not located on City property. The easement
is no longer needed.
COUNCIL ACTION REQUESTED
Council is requested to conduct the public hearing for the project and vacate, rescind, terminate and release the
permanent storm water easement.
ATTACHMENTS
➢Resolution Vacating, Rescinding, Terminating, and Releasing a Permanent Storm Water Easement
Recorded as Document No. 891566.
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CITY OF HASTINGS, MINNESOTA
CITY COUNCIL
RESOLUTION ____________
A RESOLUTION VACATING,RESCINDING, TERMINATING,AND RELEASING A
PERMANENT STORM WATER EASEMENT RECORDED AS DOCUMENT NO.
891566, PERTAINING TO REAL PROPERTY IN THE CITY OF HASTINGS,
MINNESOTA
WHEREAS, the City granted a Permanent Storm Water Easement on certain real property
which was recorded with the Dakota County Registrar of Titles on March 11, 2025 as Document
No.891566 (“Permanent Storm Water Easement”);
WHEREAS,pursuant to Minnesota Statutes §412.851, the City Council may by resolution
vacate any street, alley, public grounds, public way, or any part thereof on its own motion adopted
by a four-fifths votes of all members of the council; and
WHEREAS, the real property upon which the Permanent Storm Water Easement was
recorded is legally described as Lot 5, Block 2, HASTINGS INDUSTRIAL PARK NO. 1, Dakota
County, Minnesota; and
WHEREAS, the City desires to vacate, rescind, terminate and release, the Permanent Storm
Water Easement legally described as follows:
An easement for storm sewer utility services over that part of Lot 5, Block 2,
HASTINGS INDUSTRIAL PARK NO. 1, according to the recorded plat thereof on
file in the Office of the Dakota County Recorder, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 5; thence South 26 degrees 44
minutes 06 seconds East, bearing based on the Dakota County Coordinate Database
NAD83, 151.24 feet along the West line of said Lot 5 to the point of beginning of the
easement being described; thence North 60 degrees 53 minutes 23 seconds East 29.88
feet; thence South 29 degrees 06 minutes 37 seconds East 30.00 feet; thence South 60
degrees 53 minutes 23 seconds West 31.13 feet to said West line of Lot 5; thence
North 26 degrees 44 minutes 06 seconds West 30.03 feet along said West line of Lot
5 to the point of beginning. Subject to easements, reservations, or restrictions of record
if any.
and depicted on Exhibit A, attached hereto and incorporated herein; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings as
follows:
1.That pursuant to Minnesota Statutes §412.851, it hereby vacates the Permanent Storm
Water Easement described above and depicted on Exhibit A.
2.That said vacation has no relationship to the City’s Comprehensive Plan and therefore
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the Hastings City Council has dispensed with the requirements of Minnesota Statutes
§462.356, subd. 2, that may require a Comprehensive Plan compliance review of said
vacation that may constitute a disposal of real property pursuant to §462.356, subd. 2.
3.That the City Clerk shall prepare a notice to be presented to the Dakota County Auditor
reflecting the completion of the proceedings herein.
Adopted this 5th day of May, 2025.
__________________________
Mary Fasbender, Mayor
Attest:
___________________________
Kelly Murtaugh, City Clerk
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