VII.3. Detachment and Annexation of Minnetonka Property; Lindahl (CR2016-090)
September 6, 2016 City Council Report 2016-090
Detachment and Annexation of Minnetonka Property
Proposed Action: Staff recommends the following motion:
• Adopt Resolution 2016-061, Requesting Concurrent Detachment from Hopkins and
Annexation to Minnetonka of Certain Lands Pursuant to Minnesota Statute Section 414.061.
Overview
The City of Minnetonka and the City of Hopkins have expressed interest in exercising a
concurrent detachment and annexation. The subject property is located approximately ¼ mile
west of the Hopkins Crossroads and Minnetonka Boulevard intersection. While the 3.23 acre
vacant property is physically located within the City of Hopkins, it is owned by the City of
Minnetonka and directly abuts Minnetonka’s public works facility. Minnetonka wishes to
acquire the property to accommodate an expansion of its existing public works facility. Both
planning staff and the City Attorney recommend approval of this request.
Primary Issues to Consider
• Background
Supporting Documents
• Resolution 2016-061 Requesting Concurrent Detachment from Hopkins and Annexation to
Minnetonka of Certain Lands Pursuant to Minnesota Statute Section 414.061
• City Attorney’s Letter Regarding Detachment and Annexation of Minnetonka Property
• Certificate of Survey
• Certificate of Title
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2016-090
Page 2
Background
The process to approve the proposed concurrent detachment and annexation is outlined in state
law and requires approval by both cities and the State of Minnesota. No Planning & Zoning
Commission review or public hearing is required. Attached please find a letter from the City
Attorney outlining this process and recommending the City Council approve this request. The
city attorneys for both cities have worked collaboratively in drafting the necessary documents to
carry out this process. The resolution drafted by the City of Minnetonka for the City of
Hopkins is acceptable and can be approved by the City Council.
The City of Minnetonka will further process the concurrent detachment and annexation. Upon
adoption of the companion resolutions by each City’s respective governing body, the resolutions
will be sent to the Minnesota Municipal Boundary Adjustment Unit, which is an office within
the Minnesota Office for Administrative Hearings (“OAH”). Since the concurrent detachment
and annexation is initiated by and pre-approved by the respective city councils, the process itself
is relatively straightforward. Upon adoption of the resolutions by the respective cities and
barring any unforeseen circumstances, the cities would essentially need to simply wait for the
OAH to issue its opinion approving the concurrent detachment and annexation.
Alternatives
1. Approve the proposed concurrent detachment and annexation. By approving the proposed
concurrent detachment and annexation, the subject property will become part of the City of
Minnetonka.
2. Deny the proposed concurrent detachment and annexation. By denying the proposed
concurrent detachment and annexation, the subject property will remain within the
corporate limits of Hopkins. If the City Council considers this alternative, findings will have
to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2016-061
RESOLUTION REQUESTING CONCURRENT DETACHMENT
FROM HOPKINS AND ANNEXATION TO MINNETONKA OF CERTAIN
LANDS PURSUANT TO MINNESOTA STATUTES SECTION 414.061
WHEREAS, the City of Minnetonka is the fee owner of certain real property, legally
described on the attached Exhibit A (the “Annexation Property”), which is located in the City of
Hopkins; and
WHEREAS, the Annexation Property is located immediately adjacent to other real property
owned by the City of Minnetonka that is improved with the city’s public works facility (the “Public
Works Property”), which is located in the City of Minnetonka; and
WHEREAS, the City of Minnetonka historically has owned, occupied and used the
Annexation Property and Public Works Facility as a single parcel of land; and
WHEREAS, the City of Minnetonka and the City of Hopkins desire to modify their
respective municipal boundaries by detaching the Annexation Property from the City of Hopkins
and attaching the Annexation Property to the City of Minnetonka.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City of Hopkins requests that the Office of Administrative Hearings – Municipal
Boundary Adjustment Unit concurrently detach the Annexation Property from the City of
Hopkins and annex the same to the City of Minnetonka at the earliest possible date.
2. The City Clerk is directed to submit this Resolution to the Office of Administrative Hearings
– Municipal Boundary Adjustments for the purposes set forth herein.
3. The City of Hopkins agrees that, within 30 days of receipt of both this Resolution and of a
similar resolution adopted by the City of Minnetonka city council, the Office of
Administrative Hearings – Municipal Boundary Adjustments may review and comment but
shall order the concurrent detachment and annexation consistent with the terms of this
Resolution.
4. The City of Hopkins has designated the Annexation Property as wetland and open space in
its Comprehensive Plan, and it is zoned for single family low density. These designations
most closely resemble the City of Minnetonka Comprehensive Plan Land Use Guiding of
Low Density Residential and a zoning designation of R-1 Single Family Residential. These
designations shall be in place until such time, if any, as they may be revised by the City of
Minnetonka city council according to Minnesota Statutes Chapter 462.
Adopted this 6th day of September, 2016.
Molly Cummings
ATTEST:
Amy Domeier, City Clerk
EXHIBIT A
Legal Description of Annexation Property
Par 1: Commencing on the West line of Tract C, Registered Land Survey No. 291, Hennepin
County, Minnesota and on the South right of way line of the Burlington Northern Railroad right of
way thence South 0 degrees 10 minutes West a distance of 517.5 feet; thence South 45 degrees 30
minutes 30 seconds East a distance of 42.92 feet; thence North 88 degrees 49 minutes East a
distance of 120 feet; thence north parallel to the west line of said Tract C to the North line of Tract
C thence westerly along the North line of Tract C to the point of beginning.
Par 2: Commencing at the Southwest corner of Tract C, Registered Land Survey No. 291,
Hennepin County, Minnesota, thence North along the West line of said Tract C on an assumed
bearing of North 0 degrees 10 minutes East a distance of 510 feet; thence North 88 degrees 49
minutes East a distance of 60 feet; thence South 11 degrees 48 minutes 15 seconds East a distance
of 480.29 feet to the South line of said Tract C; thence South 75 degrees 45 minutes West along
South line of said Tract C a Distance of 165.0 feet to the point of beginning.
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HANSEN THORP PELLINEN OLSON, Inc.
952-829-0700 952-829-7806 fax
7510 Market Place Drive Eden Prairie, MN 55344
CERTIFICATION:
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Land Surveyor under the laws of
the State of Minnesota.
Paul Thorp, Land Surveyor
Minnesota License Number 13637
Date: 2016-07-18
Legal Description
Par 1: Commencing on the West line of Tract C, Registered Land Survey No. 291,
Hennepin County, Minnesota and on the South right of way line of the Burlington
Northern Railroad right of way thence South 0 degrees 10 minutes West a distance of
517.5 feet; thence South 45 degrees 30 minutes 30 seconds East a distance of 42.92 feet;
thence North 88 degrees 49 minutes East a distance of 120 feet; thence north parallel to
the west line of said Tract C to the North line of Tract C thence westerly along the North
line of Tract C to the point of beginning.
Par 2: Commencing at the Southwest corner of Tract C, Registered land Survey No 291,
Hennepin County, Minnesota, thence North along the West line of said Tract C on an
assumed bearing of North 0 degrees 10 minutes East a distance of 510 feet; thence North
88 degrees 49 minutes East a distance of 60 feet; thence South 11 degrees 48 minutes 15
seconds East a distance of 480.29 feet to the South line of said Tract C; thence South 75
degrees 45 minutes West along South line of said Tract C a distance of 165.0 feet to the
point of beginning.
Page 1 of 2Certificate Number: 642115 This is a non-certified copy
Transfer from:211922
Certificate Number: 642115
Originally registered December 28, 1921 Volume: 72, Certificate No: 23230, District Court No: 2109
}s.s.Registration
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
T1287744 Final Certificate Aug 8, 1978 12:00 PM City of Minnetonka. Acquiring a perpetual easement for sanitary
sewer purposes over pt of above land (See Inst) Parcel No. 47
T2370623 Easement May 4, 1993 11:00 AM Minnegasco, a division of Arkla, Inc.
Granting an easement for pipeline over pt of Par 2 (See Inst)
T2370624 Resolution May 4, 1993 11:00 AM By the City Council of the City of Hopkins.
Granting a Conditional Use Permit (See Inst)
T3538749 Declaration May 2, 2002 2:00 PM Creating wetland buffer areas, restrictions and maintenance
agreemets. (See Inst)
T1117289 Final Certificate Aug 14, 1974 12:45 PM City of Minnetonka. For sanitary sewer purposes (See Inst) Parcel
Nos. 8 & 31.
T1056935 Quit Claim Deed Dec 21, 1972 12:45 PM City of Minnetonka. Granting a perpetual easement for sanitary
sewer purposes over pt of above land (See Inst)
Memorials
Document
Number Document Type
Date of FilingMonth Day,
Year Time Amount Running in Favor Of
Certificate of Title
County of Hennepin
State of Minnesota
City of Minnetonka a Minnesota municipal corporation , whose address is Minnetonka, Minnesota
is now the owner of an estate in fee simple
This is to certify that
Par 1: Commencing on the West line of Tract C, Registered Land Survey No. 291, Hennepin County, Minnesota and on the
South right of way line of the Burlington Northern Railroad right of way thence South 0 degrees 10 minutes West a distance of
517.5 feet; thence South 45 degrees 30 minutes 30 seconds East a distance of 42.92 feet; thence North 88 degrees 49 minutes
East a distance of 120 feet; thence north parallel to the west line of said Tract C to the North line of Tract C thence westerly along
the North line of Tract C to the point of beginning.
Par 2: Commencing at the Southwest corner of Tract C, Registered Land Survey No. 291, Hennepin County, Minnesota,
thence North along the West line of said Tract C on an assumed bearing of North 0 degrees 10 minutes East a distance of 510
feet; thence North 88 degrees 49 minutes East a distance of 60 feet; thence South 11 degrees 48 minutes 15 seconds East a
distance of 480.29 feet to the South line of said Tract C; thence South 75 degrees 45 minutes West along South line of said Tract
C a distance of 165.0 feet to the point of beginning.
In the following described land situated in the County of Hennepin and State of Minnesota:
Page 2 of 2Certificate Number: 642115 This is a non-certified copy
R. Dan Carlson
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 18th day of November, 1983.
Indexes Verified through 5/23/2016