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Home My WebLink AboutIX-01 & X-B-01 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: June 3, 2019 Item: Public Hearing and Resolution: Vacation of ROW #2019-10 – Adams Street (3rd Street to Lake Isabel) – Stier and Helget Council Action Requested: Hold a public hearing and consider adoption of the attached resolution 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. The City Council ordered the public hearing at the May 20, 2019 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. IX-01 & X-B-01 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 an attached letter dated May 20, 2019 stating it does not object to the vacation. 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:  Resolution  Location Map  DNR Letter  Application IX-01 & X-B-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING PORTIONS OF ADAMS STREET BETWEEN 3RD STREET AND LAKE ISABEL Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Jon Stier owner of 1022 East 3rd Street and Michael and Jacqueline Helget owners of 1020 East 3rd Street have requested to vacate portions of Adams Street located generally located between 3rd Street and Lake Isabel, legally described as follows: That portion of the remaining Adams Street Right-of-Way as dedicated in the TOWN OF HASTINGS, Dakota County, Minnesota lying south of the following described line: Commencing at the northeast corner of Lot 1, Block 126, TOWN OF HASTINGS, Dakota County, Minnesota; thence southerly along the eastern boundary of said Lot 1 to the intersection with the north line of the Block 127 alley as extended and the point of beginning of the line to be described; thence easterly along said extension of the north line of the Block 127 alley a distance of 33 feet more or less to the centerline of the Adams Street Right-of-Way and thence terminating. WHEREAS, on June 3, 2019, a public hearing on the proposed vacation was held before the City Council of the City of Hastings, which was preceded by proper notice, 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 required by the city charter, ordinances, and applicable statues. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate said right-of-way as legally described above is hereby approved subject to the following conditions: 1. The vacation of easement shall not become effective until recorded with Dakota County. IX-01 & X-B-01 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 June 3, 2019, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Julie Flaten 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 3rd day of June, 2019, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Julie Flaten City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 IX-01 & X-B-01 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 IX-01 & X-B-01 I X - 0 1 & X - B - 0 1 I X - 0 1 & X - B - 0 1 I X - 0 1 & X - B - 0 1