CR2002-150 Vacation of Easements Marketplace Lofts
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September 9, 2002 HUPKINS Council Report 2002-150
. PUBLIC HEARING
VACATION OF EASMENTS - MARKETPLACE LOFTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution 02-83
approvinq for first readino Ordinance No. 2002-883 vacatinq public utility easements
located within Block 3, West Minneapolis with the condition that the plat of Marketplace
Addition dedicate easements required for public utilities and drainaqe.
With this motion the ordinance will be scheduled for a second reading on October 1,
2002.
Overview
The attorney for The Cornerstone Group in examining the title for the Marketplace Lofts
redevelopment project has requested that four easements within the project area be
vacated by the City of Hopkins, The easements relate to existing storm sewer and
other utilities.
The storm sewer and other utilities wJII be moved as a result of the redevelopment
. project and under the PUD agreement the developer has agreed to grant the City new
utility easements. This action has been reviewed and recommended for approval by the
City Engineering Department and the City Attorney's office.
Primary Issues to Consider
The public utility easements to be vacated with this action are currently being used for
public utility purposes but will be replaced by permanent drainage and utility easements
dedicated to the City in the plat of Marketplace Addition. As a result, there is no reason
to maintain the existing easements.
Supportinq Information
.
ent Coordinator
Financial Impact: $_0 Budgeted: Y/N - Source:
. Related Documents (GIP, ERP, etc.):
Notes:
. CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 02-83
A RESOLUTION APPROVING ORDINANCE 2002-883, AN ORDINANCE VACATING
PUBLIC UTILITY EASEMENTS LOCATED WITHIN BLOCK 3, WEST MINNEAPOLIS
WHEREAS, in connection with the Marketplace Lofts development and the approval of the
plat of Marketplace Addition, it is necessary to vacate certain public utility easements previously
granted to the city that are located within Block 3, West Minneapolis.
WHEREAS, the public utility easements to be vacated by the City are not being used for public
utility purposes or will be replaced by pennanent drainage and utility easements to be dedicated to the
City in the plat of Marketplace Addition.
WHEREAS, the City Council has determined that the public utility easements described in
Ordinance No. 2002-883 should. therefore, be vacated.
Now, therefore, the City Council of the City of Hopkins, Minnesota, hereby adopts the
following resolution:
Resolved, that Ordinance No. 2002-883 is hereby adopted and approved for first reading by the
. City Council of the City Hopkins. and staff is authorized to schedule the ordinance for second reading.
Adopted this 1 th day of October, 2002, the City Council of the City of Hopkins, Mimlesota.
Eugene J. Maxwell, Mayor
ATTEST:
Teny Obenllaier, City Clerk
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2002-883
AN ORDINANCE VACATING UTILITY EASEMENTS LOCATED WITHIN BLOCK 3, WEST MINNEAPOLIS.
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Whereas, the City Council of the City of Hopkins has detelmined the utility easements described below are not
being used or are not necessaty for public utility purposes and has, therefore, determined that such utility easements should
be vacated,
Whereas section 12.06 of the city's charter and Minn. Stat. 462.358, subdivision 7. require that publicly ovmed
utility easements be vacated by ordinance duly approved by a 4/5 vote ofthe City Council.
Section 1. Vacation of Utility Easements
Now, therefore. the Hopkins City Council having approved the vacation of the utility casements described below
by a 4/5 vote. the following easements arc hereby vacated:
I. The perpetual easement for installation and maintenance of underground utility facilities granted by the Quit Claim deed
recorded March 6, 1992, as Hennepin County Recorder document No. 5885078.
2, The perpetual easement for installation and maintenance of underground utility facilities granted by the Quit Claim deed
recorded March 18. 199L as Hennepin County Recorder document No. 5759655.
. 3. The perpetual easement for installation and maintenance of underground utility facilities granted by the Quit Claim deed
recorded May 29, [992, as Hem1epin County Recorder document No, 5917953.
4.The perpetual casement for installation and maintenance of underground utility facilities granted by the Quit Claim deed
recorded July 10, 199 L as Hennepin County Recorder document No.5 79926 I,
All of the above utility easements affect land loeatcd within block 3, West Minneapolis. according to the recorded plate
thereof. Hennepin County. of Minnesota.
Section 2. Effective Date
This ordinance shall be effectivc upon it's publication.
First Reading: September 17, 2002
Second Reading: October I, 1002
Eugene], Maxwcll, Mayor
ATTEST:
Teny Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
. Date
City Attomcy Signature
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