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V.1. Second Street South Right-of-Way Vacation; Lindahl (2017-145) December 19, 2017 City Council Report 2017-145 Second Street South Right-of-Way Vacation Proposed Action Staff recommends the following motion: Move to adopt Resolution 2017-090, approving the first reading of Ordinance 2017-1128 vacating a segment of Second Street South. Overview The petitioner, Hopkins Plaza Limited Partnership, requests vacation of 2nd Street South along the block adjacent to their property at 24 - 7th Avenue South (Hopkins Plaza Apartments) and granting them rights to the roadway and parking within this area. As part of the 8th Avenue reconstruction project, access to 2nd Street South was removed and this section of 2nd Street South now dead ends east of the 8th Avenue right-of-way (see attached exhibit). Minnesota Statute 412.851 and Section 12.06 of the City Charter empower the City to vacate right-of-way after a public hearing and making a finding that the proposed vacation is in the public interest. Staff finds that there is no continuing public need for this street segment and that vacating it as requested is in the public interest, subject to the City’s ability to retain an easement over the street for drainage, utilities and public sidewalks. Base on this finding, staff recommends the City Council approve this request. Primary Issues to Consider • Background • Legal Authority • Engineering Review Supporting Documents • Resolution 2017-090 • Ordinance 2017-1128 • Vacation Exhibit • Notice of Completion • Quit Claim Deed _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2017-145 Page 2 Background As part of the 8th Avenue reconstruction project access to 2nd Street South was removed, and as a result 2nd Street South now dead ends east of the 8th Avenue right-of-way. This access change was proposed due to problems with vehicle maneuverability and safety at the intersection. New access to the area was created direct with Excelsior Boulevard to avoid inconvenience for area residents and businesses. Hopkins Plaza Limited Partnership, the owner of Hopkins Plaza Apartments, requested that the city consider vacating 2nd Street South along the block adjacent to Hopkins Plaza Apartments and granting them the rights to the roadway and parking within that area. City staff considered the request and has determined that vacating the subject portion of right-of-way is in the interest of the city. Staff recommends moving forward with the vacation with the condition that easements are retained over the vacated right-of-way to allow for drainage, utility, and sidewalk purposes. Legal Authority Public right-of-way vacation is a legislative act, and the city has wide discretion to abandon or maintain a street or other public grounds. Minnesota Statute 412.851 and Section 12.06 of the City Charter empower the City to vacate public right-of-way. The City must first hold a public hearing on the proposed vacation. After the public hearing, the City must find that the there is no continuing public need for the subject street segment and vacating it is in the public interest. The City Charter requires vacations to be approved by ordinance and that ordinances have two readings. The second reading of this ordinance with be on January 2, 2018. Engineering Review The primary issue to consider when reviewing a public right-of-way vacation is the public interest. To review this, Engineering staff considering both access and maintenance of the subject area. Staff’s findings related to these items are detailed below. Access. Removal of access to 8th Avenue diminishes the value of the roadway for the travelling public. The primary remaining function of 2nd Street South west of 7th Avenue is to provide access to the Hopkins Plaza Apartments parking garage and on-street parking stalls along the block, which are heavily used by Hopkins Plaza Apartments residents. Easements retained over the right-of-way will guarantee the city and private utility owners will have access to their facilities. A sidewalk easement is also proposed to cover the existing sidewalk along the north side of 2nd Street between 7th and 8th Avenues to allow for the continued presence of a pedestrian connection. Maintenance. By vacating this right-of-way, ownership of the pavement and curb will fall to Hopkins Plaza Limited Partnership. The city will not be responsible for future pavement maintenance, repair, or snow removal. The city will retain ownership of underground utility lines and the sidewalk. Alternatives 1. Approve the proposed right-of-way vacation. By approving, the City will vacate a portion of 2nd Street South and grant the petitioner rights to the roadway and parking within that area, subject to an easement for drainage, utilities and public sidewalk. 2. Deny the proposed right-of-way vacation. By denying, the City will retain 2nd Street South as public right-of-way. If the City Council considers this alternative, findings will have to be identified supporting this alternative. City Council Report 2017-145 Page 3 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. 1 513370v1 DTA HP145-18 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017-090 A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2017-1128 VACATING A SEGMENT OF SECOND STREET SOUTH WHEREAS, the City of Hopkins (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Hopkins Plaza, Limited Partnership (the “Petitioner”) is the fee owner of certain real property in the City abutting part of 2nd Street South; and WHEREAS, the City received a petition from the Petitioner requesting the vacation of the segment of 2nd Street South legally described in Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Street Segment”); and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for December 19, 2017 to consider vacation of the Street Segment; and WHEREAS, notice of the public hearing was posted, published in the City’s official newspaper, and mailed to any and all owners of affected properties, as required by state statute; and WHEREAS, on December 19, 2017, the City held the public hearing on the requested vacation during which all interested parties were heard; and WHEREAS, the City has the authority, pursuant to Minn. Stat. 412.851, to vacate city streets and portions thereof; and WHEREAS, following the public hearing, the City determined that there is no continuing public need for the Street Segment and that vacating the Street Segment, as requested, is in the public interest, subject to the City’s ability to maintain easements over the Street Segment for drainage, utilities, and a public sidewalk; and WHEREAS, upon completion of these vacation proceedings, it is further in the best interests of the City to deed the south half of the Street Segment to the Petitioner while retaining for the City an easement for drainage and utilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Ordinance 2017-1128 vacating a segment of 2nd Street South. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Hopkins as follows: 2 513370v1 DTA HP145-18 1. The City hereby declares that the portion of 2nd Street South, as legally described in Exhibit A attached hereto and depicted on Exhibit B attached hereto, is vacated on the condition that the City secures from the Petitioner easements over the Street Segment for drainage, utilities, and sidewalk that are deemed satisfactory to City staff. 2. Upon receipt of the aforementioned easements from the Petitioner, the City Clerk is hereby authorized and directed to prepare and present to the Hennepin County auditor a notice that the City has completed these vacation proceedings and record with the Hennepin County Recorder the described vacation. 3. Once the vacation is finalized, City staff is further authorized to convey to the Petitioner, via a quit claim deed, the City’s interest in the south half of the Street Segment and in doing so, the City shall retain for itself a drainage and utility easement over the same. Adopted this 19th day of December, 2017. BY THE CITY COUNCIL ______________________________ Molly Cummings, Mayor Attest: ______________________________ Amy Domeier, City Clerk A-1 513370v1 DTA HP145-18 EXHIBIT A Legal Description of Street Segment B-1 513370v1 DTA HP145-18 EXHIBIT B Depiction of Street Segment 1 513452v1 DTA HP145-37 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2017-1128 ORDINANCE VACATING A SEGMENT OF SECOND STREET SOUTH THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the following described area of the following public street in the City of Hopkins be vacated as a street: SECTION 2. Said vacation shall be subject to the following condition that must be met to the satisfaction of the City prior to the vacation being effective: 1. The City shall secure from Hopkins Plaza, Limited Partnership (Petitioner) an easement over the north half of the above-described property for drainage, utilities and sidewalk. 2 513452v1 DTA HP145-37 SECTION 3. The effective date of this ordinance shall be the date of publication. First Reading: December 19, 2017 Second Reading: January 2, 2018 Date of Publication: January 11, 2018 Date Ordinance Takes Effect: January 11, 2018 By: ____________________________ Molly Cummings, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk Δ 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952)-890-0509 FIELD BOOK:DRAWN BY:JOB NUMBER: FOR: ©Bolton & Menk, Inc. 2017, All Rights Reserved H:\HOPK\T16107809\C3D\107809EA3.dwg 9/15/2017 12:21 PMR VACATION EXHIBIT HOPKINS, MN FILE NO. 4591PART OF: 2ND STREET S. RIGHT-OF-WAY WEST MINNEAPOLIS HENNEPIN COUNTY, MN CITY OF HOPKINS T16.107809 ERW SCALE IN FEET 0 60 120 PROPOSED VACATION DESCRIPTION: That part of 2nd Street South, as delineated and dedicated, in West Minneapolis, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the south line of Block 3, said West Minneapolis; lying westerly of the southerly extension of the east line of said Block 3; lying northerly of the northerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 3, PLAT 16, according to the recorded plat thereof, said Hennepin County; and lying easterly of a line described as follows: Commencing at the southwest corner of said Block 3; thence on an assumed bearing of North 72 degrees 26 minutes 08 seconds East along the south line of said Block 3, a distance of 1.30 feet to the point of beginning of the line to be described; thence southerly a distance of 33.75 feet along a non-tangential curve, concave to the east, having a central angle of 15 degrees 40 minutes 42 seconds, radius of 123.33 feet, chord bearing of South 10 degrees 29 minutes 33 seconds East, and a chord distance of 33.64 feet; thence South 18 degrees 19 minutes 53 seconds East, tangent to said curve, a distance of 4.03 feet; thence North 72 degrees 25 minutes 14 seconds East, a distance of 28.05 feet; thence South 17 degrees 34 minutes 46 seconds East, a distance of 22.59 feet to said northerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 3, PLAT 16, and said line there terminating. Reserving a perpetual easement for drainage, utility and sidewalk purposes over, under and across all of the above described vacated parcel of land, in favor of the City of Hopkins. _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S 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. __________ Date 9/15/2017 PROPOSED VACATION (16,116 SQ. FT.) S22-T117-R22-43 513400v1 MPF HP145-18 QUIT CLAIM DEED eCRV number: NA Date: ___________________ DEED TAX DUE: $1.70 Total Consideration for this transfer is $500.00 or less. FOR VALUABLE CONSIDERATION, the City of Hopkins, a Minnesota municipal corporation, Grantor, conveys and quitclaims to Hopkins Plaza, Limited Partnership, a Minnesota limited partnership, Grantee, the real property described on the attached Exhibit A (the “Property”), together with all hereditaments and appurtenances, EXCEPT: Reserving to the Grantor an easement for drainage and utilities over, under, across, and through all of the Property.  The Grantor certifies that the Grantor does not know of any wells on the described real property.  A well disclosure certificate accompanies this document.  I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor, City of Hopkins By: _______________________________ Mayor, Molly Cummings By: _______________________________ City Manager, Michael Mornson (acknowledged on the following page) 513400v1 MPF HP145-18 NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) State of Minnesota, County of Hennepin The foregoing was acknowledged before me this ______ day of _______________, 201___, by Mayor, Molly Cummings, and by City Manager, Michael Mornson, on behalf of the City of Hopkins. ___________________________________ Signature of notarial officer My Commission expires: _____________ Tax Statements for the real property described in this instrument should be sent to: Hopkins Plaza, Limited Partnership c/o Stuart Co. 1000 - 80th Street W Bloomingon, MN 55420 This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 513400v1 MPF HP145-18 Exhibit A Legal Description of the Property That part of vacated 2nd Street South adjoining Lots 28 to 38, inclusive, Block 14, West Minneapolis, Hennepin County, Minnesota, legally described as follows: lying southerly of the centerline of 2nd Street South; lying westerly of the southerly extension of the east line of Block 3, West Minneapolis; and lying easterly of a line described as follows: (Torrens Property, Certificate of Title No. 1418275) 513399v1 DTA HP145-18 1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA NOTICE OF COMPLETION OF VACATION PROCEEDINGS The undersigned City Clerk of the City of Hopkins does hereby certify: 1. That the City Council of the City of Hopkins held a public hearing on December 19, 2017, regarding the vacation of a segment of 2nd Street South, legally described in the attached Exhibit A and depicted on the attached Exhibit B (the “Street Segment”). 2. That due notice of the public hearing was given to affected property owners as required by state statute. 3. That due notice was published in the City’s official newspaper and posted at least two weeks prior to the date of the public hearing as required by state statute. 4. That following the public hearing, the City Council approved a resolution vacating the Street Segment (the “Vacation Resolution”). All conditions precedent for said vacation have occurred. 5. That a true and correct copy of the Vacation Resolution adopted by the City Council is attached hereto as Exhibit C. 6. That the properties affected by the vacation proceedings are described on the attached Exhibit D. 7. That the vacation proceedings complied in all respects with the procedures specified in state statute. Dated this ___ day of ______________, 2017. Amy Domeier, City Clerk 513399v1 DTA HP145-18 2 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2017, by Amy Domeier, the Clerk for the City of Hopkins. ______________________________ Notary Public Drafted By: Return To: Amy Domeier Kennedy & Graven, Chartered City of Hopkins 470 U.S. Bank Plaza 1010 First Street South 200 South Sixth Street Hopkins, MN 55343 Minneapolis, MN 55402 (612) 337-9300 A-1 513370v1 DTA HP145-18 EXHIBIT A Legal Description of Vacated Street Segment 513399v1 DTA HP145-18 B-1 EXHIBIT B Depiction of Vacated Street Segment 513399v1 DTA HP145-18 C-1 EXHIBIT C Vacation Resolution [to be attached] 513399v1 DTA HP145-18 D-1 EXHIBIT D Properties Affected Lots 21 through 31 inclusive, Block 3, West Minneapolis, Hennepin County, Minnesota, and Lots 28 through 38 inclusive, Block 14, West Minneapolis, Hennepin County, Minnesota.