HomeMy WebLinkAbout20070319 - VI-07v><-~
Memo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: March 19, 2007
Subject: Order Public Hearing -Vacation of Easement #2007-13 -Freitag
Property
REQUEST
The City Council is asked to order a public hearing to vacate a drainage and utility
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 public hearing would be held at the April 2, 2007 meeting upon approval by the City
Council.
ATTACHMENTS
• Site Map
• Aerial Photo
• Letter from Ruth Lehmann, Freitag Estate
• Application
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Thomas Montgomery, City
Public Works Directors
Hastings City Hall
101 Fourth Street East
Hastings, MN 55033
Re: Raymond Freitag Estate -City Easement
Dear .Sir:
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August 9, 2006
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 I 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 connec#ion 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.
I am providing a copy of this to the City Attorney and look forward to a response.
Very truly yours,
L~~
Ruh
t Lehmann
Co-Personal- Representative of the'
Estate of Raymond Freitag
Enclosure
cc: Shawn Moynihan, City Attorney
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LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT
1014m St E, Hastings, MN 55033 ~ Phone: 651.480.2350 ~ Fax: 651.437.7082
Address of Property: East Fourth Street
Legal Description of Property: Attached
Applicant Name: Ruth Lehmann, Pers. Rep
Address:c/ Fluegel & Moynihan P.A.
1303 So. Frontage Rd. #5 Hastin s, MN
Phone: (6511 438-9777
Fax: (651) 438-9775
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 65 oo, o isce 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
X Vacation $400 _ Lot Split/Lot Line Adj. $50
House Move $500 Annexation $500 plus legal expenses
Prelim 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
application for information.
p licant Signature Date Owner Signature
Rutph Lehmann, Pers. Rep. of Estate of Raymond Freitag
File #
Fee Paid:
Name and Title -Please Print Owner Name -Please Print
Date
03/28/05
Recd By: ~~~ LM u~ Date Recd: 36107
Receipt # App. Complete
Property Owner: Estate
Address:
55033
Phone:
Fax: _
Email:
of Raymond Freitag