HomeMy WebLinkAbout20071203 - VII-2VII-2
Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: December 3, 2007
Subject: Order Public Hearing -Vacation of Right-of-Way #2007-53 -Lea
Street and 4~' Street Right of Way -Bess Freeman and Lois and
Clarence Chapman
REQUEST
The City Council is asked to hold a public hearing to consider the following:
Bess Freeman and Lois and Clarence Chapman have submitted a petition to the City of
Hastings requesting the vacation of the adjacent unimproved street righ# of way of 4~'
and Lea Streets. Both right of ways are adjacent to Lake Isabel.
The applicants first requested the vacation in 1999, which was approved by City
Council. However, only half of the approved vacations were recorded.
Since 1999, the City Council has denied similar vacations adjacent to water ways in
order to preserve public access.
As there are some utilities in the area, a drainage and utility easement should be
retained over the s#reet ROW.
The City Council ordered a public hearing at its November 19, 2007, meeting.
ATTACHMENTS
• Resolution
• Location Map
• Aerial Map
• Letter of request
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING RIGHT OF WAY ACROSS THE REMAINING PLATTED 4th STREET
RIGHT OF WAY AND REMAINING PLATTED LEA STREET RIGHT OF WAY BOTH
IMMEDIATELY ADJACENT TO LOTS 7 AND 8, BLOCK 123, TOWN OF HASTINGS,
DAKOTA COUNTY, MINNESOTA.
Council member
Resolution and moved its adoption:
introduced the following
WHEREAS, Bess Freeman and Clarence Chapman have initiated consideration
to vacate certain right of way le~ally described as follows:
The remaining platted 4 Street Right of Way and remaining platted Lea Stree#
Right of Way both immediately adjacent to Lots 7 and 8, Block 123, Town of Hastings,
Dakota County, Minnesota
WHEREAS, a Public Hearing on the proposed vacation was held before the City
Council of the City of Hastings, as required by state faw, city charter and city ordinance;
and
WHEREAS, the City of Hastings in all respects proceeded with the vacation
hearing as provided by the Charter, ordinances and applicable Minnesota Statutes.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the request to vacate said easements as legally described above is hereby
approved with the following condition:
1) The city reserves an easement over the described Right of Way for public
drainage and utility purposes.
Council member moved a second to this resolution
and upon being put to a vote it was adopted by all Council Members present.
Adopted by the Hastings City Council on December 3, 2007 by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Paul J. Hicks, Mayor
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented
to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3`d day of
December 2007, as disclosed by the records of the City of Hastings on file and of
record in the office.
Melanie Mesko Lee
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033
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John Hinzman
From: Clarence Chapman [clarencechapman@comcast.net]
Sent: Monday, November 19, 2007 4:26 PM
To: John Hinzman
Subject: Vacation of Lea Street
To Whom It May Concern:
This is a formal request to vacate Lea Street adjacent to our property and Bess Freeman's property.
The street is'/z vacated currently and 1 would like our half of the street vacated at this time.
Please forward this request to the city council for consideration.
We are available for any questions or concerns and can be contacted at the address and phone numbers
below.
Thank you for your consideration.
Clarence and Lois Chapman
614 East Third Street
Hastings, MN 55033
651-438-7464 home
651-249-4133 cell