HomeMy WebLinkAbout04-08-18 Vacation of Easement 2017-38 - O'Brien (713 9th St W & 720 10th St W) HASTINGS CITY COUNCIL
RESOLUTION NO. 04-08-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING PORTIONS OF A PERMANENT DRAINAGE AND UTILITY
EASEMENT OVER THE FORMER OAK STREET RIGHT-OF-WAY
ADJACENT TO 720 10TH STREET WEST
Council member Lund introduced the following
Resolution and moved its adoption:
WHEREAS, On April 7, 2003, the City Council adopted Resolution No. 4-10-03
vacating the Oak Street Right-of-Way between 9th and 10th Streets within the ALLISONS
WM ADDITION, subject to the reservation of a permanent drainage and utility easement
over, under and across certain portions of the Right-of-Way; and
WHEREAS, Casey O'Brien, owner of Lot 5,Block 13 ALLISONS WM ADDITION
(720 10th Street W)accrued a portion of the vacated Right-of-Way, subject to certain
permanent drainage and utility easements; and
WHEREAS, Casey O'Brien, seeks to vacate a portion of the permanent drainage and
utility easement, legally described as follows:
Beginning at the northwest corner of Lot 5,Block 13,ALLISONS WM ADDITION,
Dakota County Minnesota, thence west approximately 33 feet,parallel with the north
line of said Lot 5 to the centerline of the former Oak Street Right-of-Way; thence
southerly along the centerline of the former Oak Street Right-of-Way to the
intersection of north line of the 10th Street Right-of-Way; thence easterly along the
north line of the 10th Street Right-of-Way to the southwest corner of said Lot 5;
thence northerly along the west line of said Lot 5 to the point of beginning; except for
southern 7.0 feet and the western 5.0 feet thereof.
WHEREAS, on October 16, 2017, 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 easement as legally described above is hereby approved
subject to the following conditions:
1. Xcel Energy aerial electrical lines and CenterPoint gas lines must first be removed
from the proposed areas of easement vacation.
2. The vacation of easement shall not become effective until recorded with Dakota
County.
Council member Braucks 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, 2018,by the following vote:
Ayes:Mayor Hicks, Councilmembers Folch, Braucks, Leifeld, Lund
Nays: None Vaughan, Balsanek
Absent: None
AT EST:
r--
Paul J. H' s, Mayor
ct—
Jul' laten
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 2nd day of April,
C. 8,as disclosed by the records of the City of Hastings on file and of record in the office.
Jul' laten
Cit Clerk (SEAL)
This instrument drafted by:
City of Hastings(JJF)
101 4th St. E.
Hastings, MN 55033