HomeMy WebLinkAbout20180917 - VIII-B-02 - Resolution - Vacation of Easement - Wallin 17th Addition
City Council Memorandum
To: Mayor Hicks & City Councilmembers
From: John Hinzman, Community Development Director
Date: September 17, 2018
Item: Resolution: Vacation of Easement #2018-39 – Wallin 17th Addition
Council Action Requested:
Consider adoption of the attached resolution vacating a drainage and utility easement
located on Outlot A, WALLIN 17TH ADDITION as requested by Roberta Sjodin on land
owned by Duane Wallin and Winston Wallin Partnership. The City Council ordered the
public hearing at the August 6, 2018, held the public hearing on August 20th, and tabled
action on September 4th along with the Preliminary and Final Plat application for Wallin
18th Addition. Adoption requires a simple majority of Council.
Background Information:
History – The subject property is part of the Wallin Master Development Agreement
(MDA) approved by the City Council in 2002. The drainage and utility easement was
established in preparation for a larger lot single family housing development. The lot
configuration proposed as part of Wallin 18th Addition modifies public utilities in
the area eliminating the need for the drainage and utility easement.
Vacation Procedure – Hastings Home Rule Charter Section 7.05 regulates the vacation
of streets, alleys, and public easements. The City Council may consider a vacation upon
published and mailed notice to affected property owners.
Public Hearing – No comments from the public were heard during the August 20th
public hearing.
Recommendation – Approval of the vacation is recommended. The changes proposed
as part of Wallin 18th Addition no longer necessitate the easement.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
Location Map
Resolution
VII-B-02
LOCATION MAP
VII-B-02
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING A DRAINAGE AND UTILITY EASEMENT OVER A PORTION OF
OUTLOT A, WALLIN 17TH ADDITION
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Roberta Sjodin, has petitioned to vacate a portion of a drainage and
utility easement on land owned by the Duane Wallin and Winston Wallin Partnership.
The 20 foot wide easement extends northwesterly from future Brandlewood Court to
WALLIN 16TH ADDITION and is legally described as follows:
WHEREAS, on August 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-B-02
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 17, 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
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 17th day of
September, 2018, as disclosed by the records of the City of Hastings on file and of record
in the office.
________________________________
Julie Flaten
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
VII-B-02