HomeMy WebLinkAboutIX-02(a,b) Jeffrey Kuhn - 520 7th Street East - Vacation of Right-of-Way
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: September 6, 2022
Item: Hold Public Hearing– Vacation of Right-of-Way – Jeffry Kuhn – Adjacent to 520
7th Street East
Council Action Requested:
Hold a public hearing to consider vacating portions of the following ROW:
Portions of an alley and Clay Street adjacent to 520 7th Street East
A simple majority is necessary for the requested actions.
Background Information:
The applicant is demolishing the existing house on this double lot. He intends to market
the parcel for construction of a twin home. He believes the subject rights-of-way are
unusable and the additional property gained would make for a more buildable lot. Even
though the parcel is a double lot, the original lots are narrow at 66-feet wide.
Due to the extreme topography of the Clay Street ROW, there is little chance of a street
being constructed. The alley which connects Bailly St to the Clay St ROW is
undeveloped and crosses over the spur RR tracks. Staff believes neither ROW is likely to
be useful to the public.
Utility companies have been notified and a couple have yet to contact the city with any
utility line conflicts, despite multiple attempts. There are visible lines within the Rights-
of-Way, which would require easements be created in their place. The applicant or future
owner may pursue vacation of portions of the newly created easements if it is determined
the utilities are clear of those proposed portions.
Property owners were also notified and staff has not received any comment.
Recommendation – Approval of the vacation is recommended with conditions listed in
the resolution.
Financial Impact:
N\A
Advisory Commission Discussion:
N/A
IX-02(a,b)
Council Committee Discussion:
N\A
Attachments:
• Resolution for easement vacation
• Photos
IX-02(a,b)
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING A PORTIONS OF CLAY STREET AND ALLEY ROW BISECTING
AND EAST OF BLOCK 135, TOWN OF HASTINGS BLKS 100 THRU 199
ADDITION
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Jeffry Kuhn, owner of 520 7th Street East has petitioned to vacate the
alley right-of-way bisecting block 135 and the entire 300-foot section of Clay Street
right-of-way east of block 135, both of Town of Hastings BLKS 100 Thru 199, Dakota
County, Minnesota; and
WHEREAS, on September 6, 2022, a public hearing on the proposed vacation
was held before the City Council of the City of Hastings at the request of Jeffry Kuhn,
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; and
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. Drainage and utility easements are created in place of all vacated ROW.
2. The vacation of the subject rights-of-way shall not become effective until recorded
with Dakota County.
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 September 6, 2022, by the following vote:
IX-02(a,b)
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh
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 6th day of
September, 2022, as disclosed by the records of the City of Hastings on file and of record
in the office.
________________________________
Kelly Murtaugh
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. E.
Hastings, MN 55033
IX-02(a,b)
IX-02(a,b)
IX-02(a,b)