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HomeMy WebLinkAbout20180220 - VII-02 & VIII-B-01 Vacation of Easement North Frontage Rd VII-02 & VIII-B-1 [[2175,460,2225,525][14][B,I,][Times New Roman]] [[1514,528,2225,593][14][B,I,][Times New Roman]]City Council Memorandum To: Mayor Hicks & City Councilmembers From: John Hinzman, Community Development Director Date: February 20, 2018 Item: Public Hearing\Resolution: Vacation of Easement #2018-09 – North Frontage Road Council Action Requested: Hold a public hearing and consider vacation of a Permanent Street and Utility Easement over a portion of North Frontage Road commencing west of Pleasant Drive. The public hearing was scheduled by the City Council at the February 5, 2018 meeting. A simple majority is necessary for action. Background Information: History - The subject easement was dedicated to the City in 1973 to define the limits of North Frontage Road west of Pleasant Drive. The original easement has become obsolete upon dedication of the public right-of-way of North Frontage Road during subsequent platting of the area. The action is requested by McShane Development as part of the development of the abutting southern property as a medical office building. Outcome - Upon vacation of the easement, the North Frontage Road right-of-way and roadway would remain under City control and no changes are proposed as part of this action. 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. Recommendation – Approval of the vacation is recommended. The Public Works Department and City Attorney have reviewed the action and are supportive of the vacation. Financial Impact: N\A Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: Resolution Location Map VII-02 & VIII-B-1 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING A PERMANENT STREET AND UTILITY EASEMENT OVER A PORTION OF NORTH FRONTAGE ROAD WEST OF PLEASANT DRIVE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS , the McShane Development, has petitioned for vacation of a permanent street and utility easement over a portion of North Frontage Road generally located west of Pleasant Drive, legally described as follows: ST A 66 foot wide strip of land located in Outlot E, IMPERIAL ESTATES 1 ADDITION, Dakota County, Minnesota, existing 33 feet on both sides of the following described central line: Commencing at the Southwest corner of said Outlot E; thence Easterly along the South line of said Outlot E and its extension 237.60 feet ST to the centerline of Pleasant Drive as platted in said IMPERIAL ESTATES 1 ADDITION; thence Northerly along the centerline of said Pleasant Drive 40.63 feet; thence along the centerline of Pleasant Drive and on a tangential curve, concave to the East, having a radius of 318.31 feet and a central angle of 22 degrees 30 minutes 00 seconds a distance of 125 feet to the point of beginning of the line to be described; thence Northwesterly, radial to the last described curve, a distance of 40 feet; thence along a tangential curve concave to the south having a radius of 318.31 feet and a central angle of 50 degrees 00 minutes 00 seconds a distance of 277.78 feet and there terminating. WHEREAS , on February 20, 2018, 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. VII-02 & VIII-B-1 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 February 20, 2018, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Paul J. Hicks, Mayor ________________________________ Julie Flaten City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to th and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20 day of February, 2018, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Julie Flaten (SEAL) City Clerk This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 VII-02 & VIII-B-1 LOCATION MAP