HomeMy WebLinkAboutIX-03 (a,b) Trail Easement Vacation - Smead Property
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: May 6, 2024
Item: Trail Easement Vacation – Smead Property
Council Action Requested: Conduct public hearing and approve attached
resolution vacating a trail easement.
Background Information: This trail easement was acquired to construct a trail
through private property owned by Smead Mfg. This easement is not accurate, and
is no longer necessary because Dakota County has obtained a new easement
through the property for public trail purposes.
Financial Impact: N/A
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Resolution
IX-03 (a,b)
1
RESOLUTION NO. _______
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING CERTAIN EASEMENTS LOCATED
WITHIN THE CITY OF HASTINGS, MINNESOTA
Council member ___________________________ introduced the following Resolution
and moved its adoption:
WHEREAS, pursuant to Minn. Stat. § 412.851, the Hastings City Council (“City Council”)
may vacate any street, alley, public grounds, public way or any part thereof within the City by
Resolution; and
WHEREAS, the City Council initiated the vacation the certain easements over property in
Hastings, Minnesota, described in the Permanent Pedestrian Trail and Bike Path Easement dated
December 7, 1998, and filed of record in the office of the Dakota County Registrar of Titles on
January 20, 1999 as Document Number 390657, and filed of record in the office of the Dakota
County Recorder on January 20, 1999 as Document Number 1569596 (“Easement”); and
WHEREAS, the Easement is being vacated due to an error in the legal description and a
new easement for the same trail will be approved and recorded with a corrected legal description;
and
WHEREAS, a notice of a public hearing on said vacation was duly published and posted
in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation;
and
WHEREAS, the City Council then proceeded to hear all persons interested in said vacation
and all persons interested were afforded an opportunity to present their views and objections to the
granting of said vacation; and
WHEREAS, the City Council has determined that the vacation would be in the public
interest; and.
WHEREAS, the City Council has reviewed the request and recommendation of the
Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS:
1. That the City of Hastings, pursuant to Minn. Stat. § 412.851, hereby vacates the easements
situated in the City of Hastings, County of Dakota, State of Minnesota, described in the
IX-03 (a,b)
2
Permanent Pedestrian Trail and Bike Path Easement dated December 7, 1998, and filed of
record in the office of the Dakota County Registrar of Titles on January 20, 1999 as
Document Number 390657, and filed of record in the office of the Dakota County Recorder
on January 20, 1999 as Document Number 1569596.
2. That said vacation has no relationship to the City’s Comprehensive Plan and therefore the
Hastings City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd.
2, that may require the Hastings Planning Commission to perform a Comprehensive Plan
compliance review of said vacation that may constitute a disposal of real property pursuant
to § 462.356, Subd. 2.
The City Council hereby approves the Resolution as presented.
Council member_________________ moved a second to this resolution and upon being put
to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on _____ day of ____________________, 2024, by
the following vote:
Ayes:
Nays:
Absent:
Mary Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
IX-03 (a,b)