HomeMy WebLinkAbout20070402 - VII-1VII-1
Memo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: April 2, 2007
Subject: Public Hearing -Vacation of Easement #2007-13 -Freitag Property
REQUEST
The City Council is asked to hold a public hearing and vacate aright-of-way easement over
portions of the Freitag Property located in Sections 22, 23, and 27 (see attached map).
The easement was granted to the City by the Freitag's in 1956 to allow the city rights to
"enter upon, occupy and deposit dredged material, spoil and overflow waters therefrom... "
in connection with the construction of a small boat harbor then under construction.
The easement is no longer needed, and does not contain any infrastructure.
The City Council ordered the public hearing at the March 19, 2007 meeting
ATTACHMENTS
• Resolution
• Site Map
• Aerial Photo
• Letter from Ruth Lehmann, Freitag Estate
• Application
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING ARIGHT-OF-WAY EASEMENT ACROSS PORTIONS OF THE FREITAG
PROPERTY GENERALLY LOCATED IN SECTIONS 22, 23, AND 27 TOWNSHIP
115N, RANGE 17W, DAKOTA COUNTY, MINNESOTA
Council member
Resolution and moved its adoption:
introduced the following
WHEREAS, Ruth Lehmann, co-personal representative of the Estate of Raymond
Freitag has initiated consideration to vacate aright-of-way easement dedicated to the City
of Hastings per Document No. 246564, Book 66, of Misc. Records, Page 502, Dakota
County, Minnesota generally located in portions of Sections 22, 23, and 27, Township
115N, Range 17W, legally described as follows:
Beginning at a point on the West line of Section 23, Township 115, Range 17, 270
feet North of the southwest corner thereof, thence North 60 degrees 00 minutes
East, 160 feet; thence due East 520 feet; thence due South 250 feet; thence due
West 480 feet; thence South 60 degrees 00 minutes West, 370 feet; thence due
West 295 feet; thence North 63 degrees 30 minutes West, 210 feet; thence South
74 degrees 00 minutes West, 195 feet, more or less, to a line 800 feet West of and
parallel to the East line of Section 27, Township 115, Range 17; thence North along
last described line 55 feet, more of less, to the South line of Section 22, Township
115, Range 17, thence North 74 degrees 00 minutes East, 195 feet; thence due
North 175 feet; thence South 63 degrees 30 minutes East, 330 feet; thence North 60
degrees 00 minutes East, 380 feet, more or less, to the point of beginning,
containing 7.5 acres more or less.
WHEREAS, a Public Hearing on the proposed vacation was held before the City
Council of the City of Hastings, as required by state law, 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.
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 April 2, 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 2"d day of April
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 (JWH)
101 4th St. East
Hastings, MN 55033
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August 9, 2006
Thomas Montgomery, City
Public Works Directors
Hastings City Hall
101 Fourth Street East
Hastings, MN 55033
Re: Raymond Freitag Estate -City Easement
Dear Sir:
My brother John Bremer and I are Co-Personal Representatives of Mr. Freitag's Estate.
As you know, his Estate owns a substantial number of acres in "East Hastings". During
the course of a proposed sale of the property, a title objection was raised regarding a
City of Hastings Easement. I am enclosing a copy of that Easement that 1 will refer to
as Easement No. 246564 (the County Recorder's Document Number). The objection is
that it allows the City to "enter upon, occupy and deposit dredged material, spoil and the
overflow waters therefrom, on and upon, and to extend the discharge line over, across
and upon" etc. The document further indicates that it was granted "in connection with
the construction of all phases of the Small Boat Harbor for the said City of Hastings".
I am writing to request that this Easement be released in all respects.
am providing a copy of this to the City Attorney and look forward to a response.
Very truly yours,
~~~~~~
Ruth Lehmann
Co-Personal- Representative of the'
Estate of Raymond Freitag
Enclosure
cc: Shawn Moynihan, City Attorney
~~,u7-13
LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT
1014 St E, Hastings, MN 55033 ~ Phone: 651.480.2350 ~ Fax: 651.437.7082
Address of Property: East Fourth Street
Legal Description of Property: Attached
ApplicantName:Ruth Lehmann, Pers. Rep
Address:c/ Fluegel & Moynihan P.A.
1303 So. Frontage Rd. #5 Hastin s, MN
Phone: (651) 438-9777
Fax:_ (651) 438-9775
Email:
Property Owner: Estate of Raymond Frei tag
Address:
55033
Phone:
Fax:
Email:
Description of Request: Release of Easement dated July 12, 1956 from Carl and
Ida Freita husband and wife, to City of Hastings, recorded with Dakota County,
Minnesota, Record's office as Document No. 2 oo, o lsce aneous
Records, pa e 502.
If requesting site plan review of multi-family units (three or more attached), are the units
intended to be for sale or rental units?
Check Applicable Line(s) Please Note! All Fees and Escrows are due at time of application
Rezone
$500
- Minor Subdivision .
$500
Final Plat $600 _ Special Use Permit $500
~ Variance $250 - Comp Plan Amend. $500
Vacation $400 _ Lot Split/Lot Line Adj. $50
House Move
P
l $500 _ Annexation $500 plus legal expenses
re
im Plat $500 + escrow EAW
-
$500 plus $1
000 escrow
Site Plan $500 + escrow ,
Please see reverse side for escrow amounts required.
Total Amount Due: $ Make Checks payable to City of Hastings.
Please ensure that all copies of required documents are attached. See reverse side of this
app~li/c~a~tion for information. '7
pplicant Signature Date ppcaner Signature Date
Ruffh Lehmann, Pers. Rep. of Estate of Raymond Freitag
Name and Title -Please Print Owner Name -Please Print
File # _
Fee Paid:
Recd B ~ q LM a 03/28/05
~ ~ Date Recd: 3I6~O7
Receipt # App. Complete