CR 07-12 Vacate Alley, St and Right to Enter Easements-Excelsior CrossingsG~TY OF
January 31, 2007 Council Report 07-12
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NOPKINS
VACATE ALLEY, STREET AND RIGHT TO ENTER EASEMENTS -EXCELSIOR
CROSSINGS
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 07-07, approving Ordinance
07-982, approving the vacation of street, utility and right to enter easements for the Excelsior
Crossings development for first reading
At the Zoning and Planning meeting Mr. Aarness moved and Mr. Skiermont seconded a motion
to adopt Resolution RZ07-l, recommending approval of Ordinance 07-982, approving the
vacation of street, utility and right to enter easements for the Excelsior Crossings development.
The motion was approved unanimously.
Overview.
In January the City Council approved the Excelsior Crossings development on the former
SUPERVALU North Annex property. Opus Corporation has purchased the former
SUPERVALU North Annex. Opus is proposing to construct an office development. The
development will be three office buildings from 5 to 7 stories. The proposed total area is
approximately 740,000 square feet, and construction is planned in three phases.
The site was rezoned to an overlay zoning of Planned Unit Development (PUD) with the
approval of a master plan. The PUD zoning allows flexibility with the underlining zoning.
With the rezoning to PUD there will be an agreement with specific parameters on how the site
will be developed.
As part of the proposed development, additional easements were discovered that need to be
vacated.
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• Are the street, utility, and right to enter easements needed for a public purpose?
• What is the staff recommendation for the vacation?
• What were the responses from the utility companies regarding the vacation?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
• Analysis of Issues
• Resolution 07-07
• Ordinance 07-982
Nancy .Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR07-12
Page 2
Primary Issues to Consider.
What is the zoning of the property, and how has the Comprehensive Plan designated
the subject site?
The zoning of the property is Business Park with an overlay zoning of Planned Unit
Development. The Comprehensive Plan designation is Business Park.
Are the street, utility and right to enter easements needed for a public purpose?
The public works department reviewed the proposed vacation and determined that the easements
to be vacated are not needed for a public purpose.
What is the staff recommendation for the vacation?
Staff is recommending approval of the vacation.
What were the responses from the utility companies regarding the vacation?
Time-Warner Cable and Center Point have responded and have no objection. Qwest has buried
cables abutting Jackson Avenue. If the cables need to be re-routed the developer is responsible
for the cost to re-route. Excel Energy will have to retain an easement in the alley.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed vacations. No one appeared at the public hearing.
Alternatives.
1. Approve the vacation of the easements. By approving of the vacation, the easements will be
vacated.
2. Deny the vacation of the easements. By denying the vacation, the easements will not not be
vacated. 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.
•
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PROPERTY DESCRIPTION
(Per Commercial Partners Title, LLC as agent for Lowyers Title
Insurance Corporotion Commitment for Title Insurance File No.
26269 First Supplementol, effective dote December 3I, 2005)
Lot II, 12 and 13, and the Easterly I6 feet of Lots 14 and 15,
Block• 4, WEST MINNEAPOLIS CENTER, Hennepin County,
Minnesota.
Absiroct Property
RIGHTS OF CITY OF HOPKINS TO BE VACATED
Rights of City of Hopkins over Porcel 33 os shown in CITY OF
HOPKINS RIGHT OF WAY PLAT N0. I (Hennepin County Stote
Aid Highwoy No. 3) Excelsior Blvd. filed April 10, 2003, os
Document No. 8009767, pursuont to Resolution No. 2003-014
filed April 10, 2003, os Document No. 8009766, Hennepin
County, Minnesota.
2005-179 676/24 T.117, R.21, 5.19 20D5179A006 dwg EEB
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We hereby certify shot this sketch, plop or report wos
prepared by me or under my instruction and that I om
a duly Licensed Lond Surveyor under the laws of the
State of Minnesota.
Dated this 5th day of December, 2006
SUNDE AND SURVEYING, LLC.
By:~ ------------------
Scott J. Soukup, P. .S. Minn. Lic. No. 17256
Drowing Title:
~ACAT/O/V SKErCHFO/9•
OPUS NORTHWEST, L.L.C.
Suede Dole: /2/05/201
Project: 2005-l79
Land Surveying, LLC. Drowwg:
9001 Eos1 Bloomington Fnnwoy (35W) • Suits 118 2005/79A006.dwq
Bloomington, Minnesolo 55420-3435 Business • s
952-861-2455 • FAX 952-BBB-9526 Sheet: / 01
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PROPERTY DESCRIPTION /-
(Per Commercial Partners Title, LLC as agent for Lawyers Title ,~
Insurance Corporation Commitment for Title lnsuronce File No. o
26289 First Supplemental, effective date December 31, 2005) n
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Lot II, 12 and 13, and the Easterly 16 feet of Lots 14 and 15,
81ock 4, WEST MINNEAPOLIS CENTER, Hennepin County, _
Minnesota.
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Abstract Property
We hereby ceriity shot this sketch, pion or report was
prepared by me or under my instruction and that I om
STREET AND UTILITY EASEMENT TO BE VACATED a duly Licensed Land Surveyor under the laws of the
State of Minnesota.
(As described in Document No. 8038310)
Doled this 5th day of December, 2006
Parcel 33, CITY OF HOPKINS RIGHT OF WAY PLAT NO. I, as
SuNDE AND SURVEYING, LLC.
recorded in the office of the Register of Deeds in and for
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Hennepin County, Minnesota. gY_ _____^
Scott J. Soukup. P..S. Minn. Lic. No. 17256
RIGHT TO ENTER TO BE VACATED
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(As described in Document No. 8038310
Drawing Ti//G
VACATION SKETCH FOR'
Lot II, 12 and 13, and the Easterly 16 feet of Lots 14 and 15,
Block 4, WEST MINNEAPOLIS CENTER, according to the plot on OP[1SNORTHWEST
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file and of record in the office of the Register of Deeds in and
for Hennepin County, Minnesota.
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Land Surveying, LLC. Drawing:
90DI East Bloomington Freeway (35w) • Sulle IIB 2005/79AODS.dwg
Bloomington, Minnesota 55420-5435 BusNess
2005-179 626/24 T,I17, R 2I, 5 19 2005179A005 dwg EEB 952-BBI-2458 • F"X: 952-BBB-9526 SlreeG 1OI
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 07-07
LLC;
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING THE VACATION OF STREET, UTILITY, AND RIGHT TO ENTER
EASEMENTS
WHEREAS, an application for Vacation VAC07-1 has been made by Opus Northwest
WHEREAS, the procedural history of the application is as follows:
1. That an application for a vacation of the alley was made by Opus Northwest LLC
on January 4, 2007; .
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and
published notice, held a public hearing on the application and reviewed such
application on January 30, 2007: all persons present were given an opportunity to
be heard;
3. That the written comments and analysis of City staff were considered; and
4. Legal descriptions of the alley and street to be vacated are as follows:
Parcel 33, CITY OF HOPKINS RIGHT OF WAY PLAT NO. 1, as recorded in the office of the
Register of Deeds in and for Hennepin County, Minnesota.
Lots 11, 12, and 13 and the Easterly 16 feet of Lots 14 and 15, Block 4, WEST MINNEAPOLIS
CENTER, according to the plat on file and of record in the office of the Register of Deeds in and
for Hennepin County, Minnesota.
Rights of City of Hopkins over Parcel 33 as shown in CITY OF HOPKINS RIGHT OF WAY
PLAT 1 (Hennepin County State Aid Highway No. 3) Excelsior Blvd. Filed April 10, 2003, as
Document No. 80009767, pursuant to Resolution No 2003-14 filed April 10, 2003, as Document
No 8009766, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for vacation VAC07-1 is
hereby approved based on the following Findings of Fact:
1. That the above-described street, utility and right to enter easements are not
needed for a public purpose.
BE IT FURTHER RESOLVED that application for vacation VAC07-1 is hereby
approved based on the following conditions:
1. That if the Qwest buried cables abutting Jackson Avenue need to be re-
routed the developer is responsible for the cost to re-route.
2. That the Xcel Energy's utility easement rights in favor of Northern State
Power Company, a Minnesota corporation d/b/a Excel Energy be retained
over, under and across the west 10 feet of that part of the alley in Block 4,
WEST MINNEAPOLIS CENTER, Hennepin County, Minnesota lying
South of the westerly extension of the north line of Lot 11 in said Block 1
and North of First Street North.
Adopted this 6th day of February 2007.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE N0.2007-982
ORDINANCE VACATING A STREET, UTILITY, AND RIGHT TO ENTER EASEMENTS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public street, utility, and right to enter
easements in the City of Hopkins, namely:
Parcel 33, CITY OF HOPKINS RIGHT OF WAY PLAT NO. 1, as recorded in the office of the
Register of Deeds in and for Hennepin County, Minnesota.
Lot 11, 12, and 13 and the Easterly 16 feet of Lots 14 and 15, Block 4, WEST MINNEAPOLIS
CENTER, according to the plat on file and of record in the office of the Register of Deeds in
and for Hennepin County, Minnesota.
Rights of City of Hopkins over Parcel 33 as shown in CITY OF HOPKINS RIGHT OF WAY
PLAT 1 (Hennepin County State Aid Highway No. 3) Excelsior Blvd. Filed April 10, 2003, as
Document No. 80009767, pursuant to Resolution No 2003-14 filed April 10, 2003, as Document
No 8009766, Hennepin County, Minnesota.
be vacated as a public street, utility, and right to enter easements.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
February 6, 2007
February 20, 2007
March 1, 2007
March 1, 2007
Eugene J. Maxwell, Mayor
Date