2017-090 Approving the First Reading of Ordinance 2017-1128 Vacating a Segment of Second Street South CITY OF HOPKINS
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2017-090
A RESOLUTION APPROVING THE FIRST EADING OF ECOND STREEORDINANCE
S NAN E 2017-1128
VACATING A SEGMENT OF S
UTH
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 rd 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:
1
513370v1 DTA HP145-18
1. The City hereby declares that the portion of rd 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 ummings, Mayo
I
Attest:
Amy Domeier, City Clerk
2
513370v1 DTAHP145-18
EXHIBIT A
Legal Description of Street Segment
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.
A-1
513370v1 DTA HP145-18
EXHIBIT B
Depiction of Street Segment
1 is1 7TH AVENUE ,--- --- 66 .
)') 1 i x.r-4". Y A i ti IA AA'. AA *. ... r Ir.
1#!J A:- ,, t At/it/t{/ht F— tI w'/ It { "*
t r a.- ,a r r J A A y r Y 4.—,e, 1 ee t....et. A eee.eettptvt.
hf+ rl S
�i.dIII_ 4IAWJAn4 ., �5
A i 1 Oa'5
t
w.- . t.. ,..,,,,,..0,1wz..F1,04,-„,„.',4, ,7„„,...., ,...... ----
, § ,,,,xos ,,,,,,,.....,..„,,..„......r.,.„), Nr"' -Ire,
CSI 0)
9 18'19'53 E N y > �` *F40 1 _ wr
4,03 RNA* ! ,1 I b
♦ A {. I t!{ {, r ,..
,„y `t1� ''� *drr,. Ps rA ♦ a{ ts!11 ' ./
,�q.,,R ,r- ,10,,e,-* , A ' + ,,--
`�� l,A Is k
tai, ra.-1 *1 A.„-1 1,, .,,�'w
i.p.
»h1 r
i Irw v.1;�.1
I
to :01,11‘'
s
PROPOSED VACATION DESCRIPTION: ,.,,,
That part of 2nd Street South,as delineated and dedicated,in West
Mkeneapolis,acconfing to the recorded plat thereof,Hennepin County,
Minnesota,lsoutherly of the south fine of Block 3,said West O 60 1233
Min is.lying westerly of the souther*extension of the east line of
said Block.3,lying northerly of the northerly fere of HENNEPIN COUNTY - _.
STATE AID HIGHWAY NO.3,PLAT 16,according to the recorded plat SCALE. IN fEET
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 O8 seconds East
along the south fare of said Bieck 3,a distance of 1.30 feet to the PROPOSED VACATION I16,116 SQ.FT.)
point of beginning of the line to be described,thence southerly a rrtm
distance of 33.75 feet along a non-tangential curve,come to the
east,having a central angle of IS degrees 40 minutes 42 seconds,
4 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 SURVEYORS CERTIFICATION
18 degrees19 minutes S3 seconds East,tangent to said cunt",a
rte`., distance of 403 feet;thence North 72 degrees 2S minutes 14 I hereby certify that this survey,plan,or report was prepared
seconds East,a distance of 28105 feet thence South 17 degrees 34 by me or under my direct supervision and that I am a duty
up
minutes 46 seconds East,a distance of 2259 feet to said northerly Licensed tend Surveyor under the taws of the State of
line of HENNEPrt COUNTY STATE AID HIGHWAY NO.3,PLAT 16,and Minnesota.
said line there terminating..
ca9I15I2tt17
Reserving a perpetual easement for drainage,utility and sidewalk purposes ''
SE over,under and across aN of the above described vacated parcel of land,in Eric R.Wafatut Date
favor of the City of Hopkins. License Number
.« Bolton&Mer k,Inc.2017,AN Rights Reserved
VACATION EXHIBIT PART OF:
HOPKINS,MN 2NOSTREET S.RIGHT-Of-WILY
r WEST MINNEAPOLIS
L�
s- 12224 NICOLLET AVENUE HENNEPIN COUNTY,MN
0 BURNSVILLE,MINNESOTA.'.55337 Cs
1, MBOENK (952)'11 .` .. FOIL CITY Of HOPKINS S
1138 NUMBER: 116.107609 FIELD ROOK: DRAWN BY: ERWS22-1117-822.43
B-1
513370v1 DTAHP145-18