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Home My WebLink About[06] Street Vacation 6 Council Agenda Item MEETING DATE: July 17, 2014 rd AGENDA ITEM: Public Hearing, 3 Ave SW Street Vacation SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The Council must determine that the vacation of the public ROW is in the best interest of the public. In this case the vacation is in the best interest of the public as the ROW functions as an entrance to the College/Monastery of St. Benedict, similar to the entrance on CR rd 121/College Avenue. At one time 3 Ave SW served as access to the properties located on each side of the street. Over time the College has purchased both homes and in 2014 demolished the structures. rd Currently 3 Ave SW is approximately half a block in length at which time the streets become private. Since the City has infrastructure under the street, the vacation documents retain an easement for the utility lines. In addition, language has been whereby the City does not have responsibility to repair the street section in the event the sewer line needs to be excavated. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Hearing Notice Illustration of Vacation Request Petition for Vacation Entrance Plans – CSB Resolution 2014-025 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execution resolution 2014- rd 025 vacating a portion of 3 Ave SW and retaining an easement for the sanitary sewer main. This page intentionally left blank 41) \ CITY OF ST. J OSFPH http://mn-stjoseph.civicplus.com NOTICE OF PUBLIC HEARING ON VACATION OF A PORTION OF 3RD AVENUE NW BETWEEN 302 MINNESOTA STREET WEST AND 222 MINNESOTA STREET WEST Notice is hereby given that a public hearing will be held before the City Council on the 17th day Administrator of July, 2014, in the City Hall located at 25 College Avenue North, St. Joseph, Minnesota at Judy Weyrens 6:10 p.m., to consider the vacation of a City street legally described as: Vacate all that part of Pennsylvania Street(now known as 3`d Avenue Northwest, lying Mayor southerly of the southerly boundary of Minnesota Street, and lying northerly of a line beginning at the southeasterly corner of Block 1 and ending at the southwesterly Kick Schultz corner of Block 2, all in the plat of the Town of St. Joseph, according to the recorded plat thereof as is on file and of record in the office of the County Recorder in and for Councilors Stearns County, Minnesota. Reserving a utility easement over, under, and across all Steve Frank of the above described vacated 3'd Avenue Northwest. Bob Loso All persons wishing to be heard will be heard and oral testimony will be limited to five minutes. Renee Symanietz Written testimony can be mailed to the City Administrator, PO Box 668, St. Joseph, MN Dale Wick 56374. Judy Weyrens Administrator Publish: July 3, 2014 and July 11, 2014 t Minnesota St.W t 3rd Ave NW .,...:' \ t` 22 MN St W, tlt 1t 302 MN St W 1 tsa n,■r C.) , l 1 3.ex..a.u. \ zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 32o.363.0342, •j ii41"4"—*1"111\ vole cityof atioseph.com CITY OF ST. JOSEPH PETITION FOR VACATION OF STREET In St.Joseph,Minnesota this 19th day of June, 2014. To the City Council of St.Joseph,Minnesota: The street proposed for vacation lies between: _3rd Ave NW between 302 Minnesota St.W and 222 Minnesota St.W. We the undersigned, own property abutting the street proposed for vacation and are in favor of said vacation: Property Owner Address 1' College of Saint Benedict 302 Minnesota Street W College of Saint Benedict 222 Minnesota Street W This document has be examined and found to be signed by the required numbers of owners of property affected by the vacation petitioned for: Judy Weyrens,Administrator Date C.1W USER:Eric B.HWt FlLE M:\061CN�3}]}1021\NOR�H EMRPNCE OESICN 6�SE.DWC PLOT SCPLE:t:t PLOT OATE:1/13I2014 4l9 PM aw u:�.w�oao zo�iw,coao�oii s�PO.��e��T�Pime�eaR�oii_r,mpm,.awc ain a�i io/m/zoio 14:03:50 � � � � O Z O � � � '-�> �l ) . � � � �> Ki -�5 � .. 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Q n rn�ri. � , � � � �y. � � �`° � � �� S � J ' (_� Z 3�N v . t; : r. ; — - - -- � . _ , � ` c' l � � � .�'� � 1�32�15 �t11fJS�NNIW�� ; " � � ° � r �� ' � � ,'� b � _ % � . ' � A � _�` ,: �- --- _ - — -- � � � _ ._ ; . ,� ` - � � - � . -o N a � . , � . , ' : . o Q�� w� � 4x � a p� � �� L�� mA G RESOLUTION 2014-025 rd VACATING A PORTION OF 3 AVENUE SW th WHEREAS, a public hearing to consider the vacation of such street was held on the 17 day of July 17, 2014, before the City Council in the City Hall located at 25 College Avenue North, St. Joseph, Minnesota at 6:10 PM, after due published and posted notice had been given, as well as personal mailed st notice to all affected property owners by the City Administrator on the 1 day of July, 2014, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and WHEREAS, the Council in its discretion has determined that the vacation will benefit the public rd interest because that portion of 3 Avenue SW has primarily served as the entrance to the College/Monastery of St. Benedict. The College of St. Benedict has purchased and demolished the rdrd residential structures abutting 3 Ave SW that at one time used 3 Ave SW as an ingress/egress. The vacation of the street will allow the College of St. Benedict to enhance the entrance to the College by using the area being vacated. The City will retain a public drainage and utility easement over the area being vacated to maintain utility services in the future. WHEREAS, at least four-fifths of all members of the City Council concur in this resolution; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Joseph, Minnesota, that such petition for vacation is hereby granted and the portion of the street described as follows is hereby vacated: All that part of Pennsylvania Street (now known as 3rd Avenue Southwest), lying southerly of the southerly boundary of Minnesota Street, and lying northerly of a line beginning at the southeasterly corner of Block 1 and ending at the southwesterly corner of Block 2, all in the plat of the Town of St. Joseph, according to the recorded plat thereof as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota Reserving a drainage and utility easement over, under and across the above described vacated street. BE IT FURTHER RESOLVED, that in the event that the pavement and surfaces (pavers, curb and gutter, walks, structures, landscaping, and associated landscape amenities) overlying the public utilities are disturbed to maintain, repair, replace, or otherwise attend thereto said public utilities, the City of St. Joseph will not be responsible for any costs to restore the disturbed pavement and surfaces. The City of St. Joseph will also not be responsible for any future pavement maintenance or rehabilitation costs. BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. th This Resolution is adopted by the City Council of the City of St. Joseph the 17 day of July, 2014. _____________________________________ Rick Schultz, Mayor ATTEST: ________________________________ Judy Weyrens City Administrator