Nolan W. Wall, AICP The City of Vadnais Heights Planning/Community Development Director 800 East County Road E

Vadnais Heights, MN 55127 651.204.6027 Phone 651.204.6100 Fax nolan.wall@cityvadnaisheights.com

Staff Report: Planning Case 20-022 Page 1

Memorandum:TO: Mayor Gunderson and City Council Members

FROM: Nolan Wall, Planning/Community Development Director

DATE: January 5, 2021

SUBJECT: Staff Report Planning Case 20-022: Hawes Street Easement Vacation

Description of the Request The applicant, on behalf of the property owner, is requesting to vacate a portion of an existing roadway easement. Minnesota Statutes Section §412.851 allows municipalities to vacate public streets/ways.

Background The applicant is requesting to vacate 30’ of the 60’ undeveloped Hawes Street right-of-way. Hawes Avenue is another street with a small developed section in Vadnais Heights that continues to the west into Shoreview and is not included as part of the request.

Analysis Hawes Street is undeveloped right-of-way connecting to Rice Street (CSAH 54) from the west and was included in the Bacon and Coleman’s Rice Street Acre Lots Plat from 1887. The subject property borders two undeveloped right-of-ways; Hawes Street to the south and Whiton Avenue to the east. It is unlikely either will ever be developed into roadways or be utilized for trail connections, as wetlands and Vadnais-Sucker Lake Regional Park are located directly to the east (see aerial map).

Vacating the entire right-of-way is an option, but was not requested by the applicant in this case. If the City Council has interest in pursuing a complete vacation, staff recommends tabling the request in this case and re-noticing the public hearing for a future meeting.

Agency/Department Review Rice Street is under Ramsey County’s jurisdiction, so the proposed vacation request was sent to the County Surveyor’s Office for review. The County’s major street plan requires that 86’ of Rice Street’s right-of-way be preserved by any new subdivisions or vacations, which this request complies with. No other agency/department review was applicable in this case.

Public Hearing Notice The statutory easement vacation process requires notice to affected property owners and two publications. The required public hearing notice was published in the December 16 and December 23 editions of the Vadnais Heights Press.

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Staff Report: Planning Case 20-022 Page 2

Action Requested Following the public hearing, the City Council may consider the following actions:

1. Adopt a resolution APPROVING the vacation of a portion of Hawes Street.

OR

2. Adopt a resolution DENYING the vacation of a portion of Hawes Street, including findings of fact as determined by the City Council.

OR

3. TABLE the request to a future City Council meeting.

An approval vote on this matter requires a 4/5 majority vote and a denial requires a simple majority vote, including findings of fact supporting the decision. Attachment(s):

• Aerial map • Original Plat • Resolution of Approval • Notice of Completion • Application, including supporting materials • Public Hearing Notice

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Case 20-022: Hawes Street Vacation

Personal Property

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Outlot

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Land Ties

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Subdivision Plat

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Auditors's Subdivison

Highway RoW Plat

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Planned Community

12/17/2020, 8:34:46 AM

0 0.08 0.160.04 mi

0 0.1 0.20.05 km

1:3,600

Ramsey CountyRamsey County MN

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CITY OF VADNAIS HEIGHTS COUNTY OF RAMSEY

STATE OF MINNESOTA

RESOLUTION NO. 21-01-___________

A RESOLUTION APPROVING THE VACATION OF A PORTION OF HAWES STREET

WHEREAS, a petition was received by the City of Vadnais Heights (the “City”) on the

19th day of November, 2020, signed by a majority of the property owners abutting the portion of Hawes Street located on, over, and across the properties described in Exhibit A attached hereto (the “Property”); and WHEREAS, the petition requested the City Council, pursuant to Minnesota Statutes § 412.851, to vacate a portion of Hawes Street that was dedicated on the plat of Bacon and Coleman’s Rice Street Acre Lots; and WHEREAS, the City has determined that the portion of Hawes Street subject to the petition is properly identified by the legal description on Exhibit B and is depicted by the survey sketch on Exhibit C attached hereto; and WHEREAS, the City Clerk reviewed and examined the signatures on said petition and determined that such signatures constituted a majority of the landowners abutting upon the roadway to be vacated; and WHEREAS, a public hearing to consider the vacation of the roadway was held on the 5th day of January, 2021 before the City Council in City Hall located at 800 East County Road E after two weeks’ published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Administrator, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and

WHEREAS, the City Council in its discretion has determined that the vacation is in the public interest.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VADNAIS HEIGHTS that, after due consideration, it is hereby determined that:

1. The City of Vadnais Heights hereby vacates the portion of Hawes Street legally described on Exhibit B.

2. The petitioned vacation has no adverse relationship to the City’s Comprehensive Plan. 3. The notice requirements have been met. 4. The vacation applies only to the portion of Hawes Street legally described on Exhibit B

and not to: (a) the rights of existing utilities, if any, (b) any other easements dedicated on the plat of Bacon and Coleman’s Rice Street Acre Lots, or (c) any other easements running to or benefitting the City of Vadnais Heights.

5. The City Administrator is directed to execute and record a Notice of Completion of this vacation proceeding pursuant to Minnesota Statutes § 412.851. The roadway vacation authorized by this Resolution shall only be effective following the recording of a Notice of Completion in the office of the Ramsey County Recorder.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VADNAIS HEIGHTS that the Mayor and City Administrator are hereby authorized to sign all documents necessary to effectuate the intent of this Resolution with the following conditions:

1. The property owner shall preserve existing major/over-story trees and ground-cover plantings, to the greatest extent possible, within the right-of-way subject to the request in this case as part of any future construction and/or vegetation removal activities on the subject property.

2. The property owner shall submit a landscaping/tree preservation plan prior to any construction activities and/or vegetation removal on the subject property, to be reviewed and approved by staff in consultation with the surrounding property owners as necessary.

This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 5th day of January, 2021. Attest: Heidi Gunderson, Mayor Kevin Watson, City Administrator (SEAL)

EXHIBIT A

Legal Description

Lots 8, 9, 10 and 11, Block 2, BACON & COLEMAN'S RICE STREET ACRE LOTS, Ramsey County, Minnesota.

EXHIBIT B

Vacation Area Legal Description

That part of the northerly half of Hawes Street as dedicated on the plat of BACON & COLEMAN'S RICE STREET ACRE LOTS, Ramsey County, Minnesota which lies between the southerly extension of the east line of the west 10 feet of Lot 10, Block 2 and the southerly extension of the east line of Lot 9, Block 2, all in said plat of BACON & COLEMAN'S RICE STREET ACRE LOTS.

EXHIBIT C

Easement Vacation Exhibit

The portion of Hawes Street to be vacated is shown on the following sketch.

NOTICE OF COMPLETION

OF ROADWAY VACATION PROCEEDING

City of Vadnais Heights, Ramsey County, Minnesota

Notice is hereby given that the City of Vadnais Heights has vacated that portion of Hawes Street located over, under and across the following described real estate located in the City of Vadnais Heights, County of Ramsey, State of Minnesota, to-wit:

That part of the northerly half of Hawes Street as dedicated on the plat of BACON & COLEMAN'S RICE STREET ACRE LOTS, Ramsey County, Minnesota which lies between the southerly extension of the east line of the west 10 feet of Lot 10, Block 2 and the southerly extension of the east line of Lot 9, Block 2, all in said plat of BACON & COLEMAN'S RICE STREET ACRE LOTS.

The roadway vacation applies only to the roadway dedicated to the City of Vadnais Heights on, under, and across the property described below, and not to any easements dedicated to the City of Vadnais Heights in any other plat or pursuant to any other easements running to or benefitting the City of Vadnais Heights. The roadway vacation was completed on January 5, 2021, pursuant to action taken by the Vadnais Heights City Council at its regular meeting. The real estate affected by the roadway vacation is located in the City of Vadnais Heights, County of Ramsey, State of Minnesota, and is legally described as follows, to-wit: Lots 8, 9, 10 and 11, Block 2, BACON & COLEMAN'S RICE STREET ACRE LOTS, Ramsey County, Minnesota. Dated: _____________________ By:_______________________________________ Kevin P. Watson, City Clerk

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STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by Kevin P. Watson, the City Clerk of Vadnais Heights, a Minnesota municipal corporation.

____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Erickson, Bell, Beckman & Quinn, P.A. Attorneys at Law 1700 West Highway 36, Suite 110 Roseville, MN 55113 Telephone No.: (651) 223-4999

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