HomeMy WebLinkAboutVIII-2 Order Public Hearing_ Vacation of Adams Street south of 3rd Street (Stier and Helget)
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: May 20, 2019
Item: Order Public Hearing– Vacation of ROW #2019-10 – Adams Street (3rd Street to
Lake Isabel) – Stier and Helget
Council Action Requested:
Order a public hearing to consider vacating a portion of the Adams Street Right-of-Way
(ROW) between 3rd Street and Lake Isabel as requested by Jon Stier owner of 1022 East
3rd Street (east side of Adams) and Mike and Jackie Helget, owners of 1020 East 3rd
Street (west side of Adams). The vacation would eliminate the existing right-of-way
from approximately the end of the improved Adams Street to Lake Isabel. Upon action
by the Council, the public hearing and final approval would be scheduled for the June 3,
2019 City Council Meeting. A simple majority is necessary for action.
Background Information:
History – The City Council approved a partial vacation of the right-of-way on July 9,
2018 at the request of the Helgets. The vacation resulted in a 20 foot wide section of
right-of-way extending from the end of improved Adams Street to Lake Isabel. Upon
survey of the property it was discovered that the Stier home constructed in 1949
encroaches +/- 16.5 feet into the remaining 20 foot right-of-way.
Upon approval by City Council, ownership of the vacated right-of-way would be
transferred to the Helgets, who have agreed to transfer ownership to Jon Stier to resolve
the encroachment.
The City is unable to directly transfer the vacated property to Jon Stier. Rules require
any vacated land to be transferred to adjoining owners from the centerline of the right-of-
way. In the case of Adams Street, any vacation of the west half of Adams Street (33 feet)
must be transferred to the western adjoining parcel (Helget). The entire 20 foot vacation
request involves the west half of Adams Street.
Existing Condition –There are no improvements or utilities within the vacated area.
Vacation Procedure – Hastings Home Rule Charter Section 7.05 regulates the vacation
of streets and alleys. The City Council may consider vacating public ways upon
published and mailed notice to affected property owners.
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DNR Comment – State Statutes require the notification of the Department of Natural
Resources when considering reductions of the public right-of-way adjacent to public
waters. The DNR has stated it does not likely have an objection to the vacation and plans
to submit a review letter prior to the June 3rd public hearing.
Recommendation – Approval of the vacation is recommended. The proposed area does
not contain any public utilities and the City does not have plans to extend Adams Street
further south. The existing +/- 16.5 foot encroachment of 1022 East 3rd Street
encroachment into the 20 foot right-of-way limits public use.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
Location Map
Application
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Existing Adams Street
ROW to Remain – 33’
wide
Right‐of‐Way to
be vacated – 20’
wide Stier Home – 1022
East 3rd Street –
Constructed in 1949
Location Map
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