HomeMy WebLinkAboutIX-04 (a,b) Vacation of Easement - Leifeld (1801 Chantrey Trail)
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: June 26, 2023
Item: Public Hearing– Vacation of Easement #2023-19 – 1801 & 1811 Chantrey Trail
Council Action Requested:
Hold a public hearing to consider vacation of a ten-foot wide drainage and utility
easement centered upon the common lot line between Lots 3 and 4, Block 1, Wallin 14th
Addition. The properties are jointly owned and a single-family home is intended to be
constructed over the two lots.
Background Information:
The subject easement is meant to protect a subtle drainage swale between the two lots.
With the lots being combined for one house the drainage swale wouldn’t be necessary.
The standard perimeter easements on the remainder of the lot would remain.
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 any affected property owners.
Recommendation – Approval of the vacation is recommended. The City has determined
there is no longer a need for the easement.
Financial Impact:
N\A
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Location Map
• Plat Map Inset
IX-04 (a,b)
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING A PERMANENT DRAINAGE AND UTILITY EASEMENT ALONG
THE JOINT PROPERTY LINE OF LOTS 3 AND 4, BLOCK 1, WALLIN 14TH
ADDITION
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, John Leifeld, has petitioned for vacation of a drainage and utility
easement on property owned by Gregory and Deborah Wagner legally described as
follows:
Vacation of the 10 foot drainage and utility easement centered upon the following
legally described line: Commencing at the northeast corner of Lot 3, Block 1,
WALLIN 14TH ADDITION, Dakota County Minnesota; thence South 07 degrees
36 minutes 49 seconds East a distance of 20 feet to the point of beginning of the
line to be described; thence continuing South 07 degrees 36 minutes 49 seconds
East a distance of 312.68 feet and thence terminating.
WHEREAS, on June 26, 2023, 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. The vacation of easement shall not become effective until recorded with Dakota
County.
IX-04 (a,b)
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 26, 2023, by the following vote:
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 26th day of June,
2023, 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 (JH)
101 4th St. E.
Hastings, MN 55033
IX-04 (a,b)
LOCATION MAP
Plat depiction of easement
Subject
Easement
in red
Proposed
House
IX-04 (a,b)