CR 03-019 Vacation of Easement - Marketplace Lofts
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January 27, 2003
HOPKINS
Council Report 2003-019
PUBLIC HEARING
VACATION OF EASMENT - MARKETPLACE LOFTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution 2003-
10 approving for first readinq Ordinance No. 2003-895 vacatinq public utilitv 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 February 18,
2003.
Overview
Recently an additional utility easement was found for the Marketplace Lofts property
and the developer has requested that the easement be vacated. The easement is for
the maintenance of underground utilities.
The storm sewer and other utilities have been 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.
Supporting Information
· Resolution 2003-10
· Ordinance No. 2003-895
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Planner
Financial Impact: $_0 Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO: 2003-10
A RESOLUTION APPROVING ORDINANCE 2003-895, 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 celiain publ1c utility easements
previously granted to the City that are located within Block 3, West M1nneapolis.
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 1n the plat of Marketplace Addition.
WHEREAS, the City Council had detennined that the public utility easements described
in Ordinance No. 2003-895 should, therefore, be vacated.
Now, therefore, the City Council of the City of Hopkins, Minnesota, hereby adopts the
following resolution:
Resolved, that Ordinance No. 2003-895 is hereby adopted and approved for first reading
by the City Council of the City of Hopkins, and staff is authorized to schedule the ordinance for
second reading.
Adopted the 4th day February 2003, the City Council of the City of Hopkins, Minnesota.
Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-895
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 determined the utility easements described
below are not being used or are not necessary 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 owned utility easements be vacated by ordinance duly approved by a 4/5 vote of the City Council.
Section 1. Vacation of Utility Easements
Now, therefore, the Hopkins City Council, having approved the vacation of the utility easements
described below by a 4/5 vote, hereby vacates the following easements:
. I. The perpetual easement for installation and maintence of underground utility facilities granted by the Quit
Claim deed recorded June 17, 1991, as He1U1epin County Recorder Document No. 5799258.
All of the above utility easements affect land located within Block 3, West Minneapolis, according to the
recorded plate thereof, Hennepin County, Milmesota.
Section 2. Effective Date
This ordinance shall be effective upon its publication.
First Reading:
Second Reading:
February 4, 2003
February 18, 2003
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obem1aier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
. City Attomey Signature
Date