CR 05-020 Utility and Drainage Easements
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CITY Or:
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January 26,2005
HOPKINS
Council Report 05-20
VACATE UTILITY AND DRAINAGE EASEMENTS
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-14, approving for
first reading Ordinance 05-939, approving the vacation of utility and drainage easements for
the Parkview Office Addition plat.
At the Zoning and Planning meeting, Mr. Kjos moved and Mr. Aamess seconded a motion to
adopt Resolution RZ05-1, recommending approval of Ordinance 05-939, approving the
vacation of utility and drainage easements for the Parkview Office Addition plat. The
motion was approved unanimously.
Overview.
33 Tenth Avenue and 50 Ninth were re-platted in 1999 as Parkview Office Addition. The
plat was approved without drainage and utility easements. When the plat was signed the
surveyor added drainage and utility easements to the entire plat including where the buildings
are located. The drainage and utility easements are not needed where the buildings are
located. This vacation will remove the utility and drainage easements where the buildings
are located.
Primary Issues to Consider.
. What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
. Are the easements needed?
. What is the staff recommendation for the vacation?
. What was the discussion at the Zoning and Planning meeting?
Supportine: Documents.
. Analysis of Issues
. Survey
. Resolution 05-14
. Ordinance 05-939
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CROS-20
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 B-2, General Business. The Comprehensive Plan has
designated the site as commercial.
. Are the easements needed?
The drainage and utility easements where the buildings are located are not needed because
there is a building on the easements. Easements will remain in the locations where the
building is not abutting the property line.
. What is the staff recommendation for the vacation?
Staffis recommending approval ofthe vacation of the easements.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the vacation for the easements. Tiffany Thomas, representing
Platinum Properties, was at the meeting. No one appeared at the public hearing regarding
this item.
Alternatives.
1. Approve the vacation of the drainage and utility easements. By recommending approval
of the vacation, the easements will be removed from the plat.
2. Recommend denial of the vacation of the drainage and utility easements. By
recommending denial of the vacation, the plat will remain the same. 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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DENOTES PROPOSED DRAINAGE &
UTILITY EASEMENT VACATION AREAS
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CHIEF:
JANUARY 4, 2005
@ EGAN, FIELD, & NOWAK, INC.
ElF "SURVEYORS SINCE 1872"
Z.I~ 7415WAVZATABLVO, MINNEAPOUS. MINNESOTA 55426
N PHONE: (952) 546-6837 FAX: (952.)546-6839
WEB: EFN5URVEY.COM
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ORA WI'l BY:
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EASEMENT VACATION EXHIBIT FOR:
PLATINUM
PROPERTIES
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05~14
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF THE VACATION UTILITY AND DRAINAGE EASEMENTS
WHEREAS, an application for Vacation V AC05-1 has been made by Jeff Hagen;
WHEREAS, the procedural history ofthe application is as follows:
1.
That an application for a vacation ofthe alley was made by Jeff Hagen on January 5,2005;
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
25, 2005: all persons present were given an opportunity to be heard;
3.
That the written comments and analysis of City staff were considered; and
4.
A legal description of the easements to be vacated is as follows:
..
That part of the south 10.00 feet of the east 80.00 feet, and the east 10.00 feet of the south
50.00 feet, all in Lot 2, Block 1, said Parkview Office Addition lying west of a line
described as beginning at a point on the south line of said Lot 2, distant 5.5 feet west of the
southeast corner thereof; thence northerly to a point on the north line of said south 50.00
feet, distant 5.00 feet west the east line of said Lot 2 said line there terminating.
And:
That part of the east 4.00 feet of the west 10.00 feet ofthe north 159,00 feet, and the east
70.30 feet of the west 76,30 feet of the north 5.00 feet, all in Lot 1, Block 1, said Parkview
Office Addition lying south of a line described as beginning at a point on the west line of
said Lot 1, distant 4.00 feet south of the northwest comer thereof; thence easterly to a point
on the east line of said west 76.30 feet, distant 3.3 feet south of the north line of said Lot I
said line there terminating.
NOW, THEREFORE, BE IT RESOLVED that the application for Vacation V AC05-1 is hereby
recommended for approval based on the following Findings of Fact:
1, That the above-described easements are not needed for a public purpose.
Adopted this 1st day of February 2005,
Eugene J, Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-939
, ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following drainage and utility easement in the
City of Hopkins, namely:
That part of the drainage and utility easements dedicated in P ARKVIEW OFFICE
ADDITION, according to the recorded plat thereof and situated in Hennepin County,
Minnesota described as follows:
That part of the south 10.00 feet of the east 80.00 feet, and the east 10.00 feet of the south
50.00 feet, all in Lot 2, Block 1, said P ARKVIEW OFFICE ADDITION lying west of a
line described as beginning at a point on the south line of said Lot 2, distant 5.5 feet west
of the southeast comer thereof; thence northerly to a point on the north line of said south
50.00 feet distant 5.00 feet west of east line of said Lot 2 and said line there terminating.
And:
That part of the east 4.00 feet of the west 10.00 feet ofthe north 159.00 feet, and the east
70.30 feet of the west 76.30 feet of the north 5.00 feet, all in Lot 1, Block 1, said
P ARKVIEW OFFICE ADDITION lying south of a line described as beginning at appoint
of the west line of said Lot 1, distant 4.00 feet south of the northwest comer thereof;
thence easterly to a point on the east line of said west 76,30 feet, distant 3.3 feet south of
the north line of said Lot 1 and said line there terminating,
be vacated as a drainage and utility easements.
First Reading:
February 1, 2005
Second Reading:
February 15, 2005
Date of Publication:
February 24, 2005
Date Ordinance Takes Effect:
February 24, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date