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V.1. First Reading Easement Vacation – 819 Cambridge Street; Lindahl May 5, 2020 City Council Report 2020-029 Easement Vacation - 819 Cambridge Street Proposed Action Staff recommends the following motion: Move to adopt Resolution 2020-020, approving the first reading of Ordinance 2020-1152 vacating a utility easement over the property at 819 Cambridge Street. Overview The petitioner, MD Land, LLC, requests vacation of a sanitary sewer easement that crosses 819 Cambridge Street. Previously, a small lift station and force main contained in the subject easement were necessary to provide sanitary sewer service for 819 Cambridge Street. As part of the reconstruction of Cambridge Street in 2019, gravity sanitary sewer service was provided to 819 Cambridge Street, and the lift station and force within the easement were rendered obsolete. Minnesota Statute 412.851 and Section 12.06 of the City Charter empower the City to vacate easements after a public hearing and making a finding that the proposed vacation is in the public interest. Staff finds that there is no continuing public need for the old sanitary sewer lift station and force main. Based on this finding, staff recommends the City Council approve this request. Primary Issues to Consider • Background • Legal Authority • Engineering Review Supporting Documents • Resolution 2020-020 • Ordinance 2020-1152 • Vacation Exhibit • Certificate of Title • Notice of Completion _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2020-029 Page 2 Background As part of the 2019 Street and Utility Improvements, a new sanitary sewer main was extended from Blake Road west on Cambridge Street to serve 819 and 919 Cambridge Street. These properties had previously relied on a small lift station to convey sewage from the properties to a sanitary manhole at the intersection of Cambridge Street and Hiawatha Avenue. During the early stages of project development, city staff reached out to the property owners and inquired if they would be interested in the extension of gravity service, which they were. Last year, 919 Cambridge Street (Taco Bell) connected to the new Cambridge Street sanitary sewer, there is also a service stub extended to 819 Cambridge Street for future connection as the site is currently vacant. The lift station has been out of service since 919 Cambridge Street connected to the new gravity sewer. City staff considered the request and has determined that vacating the subject easement is in the interest of the city. Staff recommends moving forward with the vacation with the condition that the lift station and force main are properly abandoned by the property owner upon development of 819 Cambridge Street. Legal Authority Minnesota Statute 412.851 and Section 12.06 of the City Charter empower the City to vacate public right-of-way. The City must first hold a public hearing on the proposed vacation. After the public hearing, the City must find that the there is no continuing public need for the subject street segment and vacating it is in the public interest. The City Charter requires vacations to be approved by ordinance and that ordinances have two readings. The second reading of this ordinance with be on May 19, 2020. Engineering Review The primary issue to consider when reviewing an easement vacation is the public interest. To review this, Engineering staff considered both service and maintenance which the easement provides for, staff’s findings related to these items are detailed below. Service. Extension of a new gravity main along Cambridge Street provides new service for the properties. Gravity sewer is considered more reliable than being served by a lift station, as it is not reliant on mechanical and electrical components that can break down and require maintenance. Maintenance. By vacating this easement, the city will not be responsible for any future maintenance of the lift station or force main. The city also relinquishes any ownership of the lift station and force main. Alternatives 1. Approve the proposed easement vacation. By approving, the City will vacate the easement and bears no further responsibility for the lift station and force main. 2. Deny the proposed easement vacation. By denying, the City will retain the easement and maintenance obligations. If the City Council considers this alternative, findings will have to be identified supporting this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. 1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-020 A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2020-1152 VACATING A UTILITY EASEMENT OVER 819 CAMBRIDGE STREET WHEREAS, MD Land, LLC (the “Petitioner”) petitioned the City of Hopkins to vacate that certain utility easement described in Document No. T891943 filed in the office of the Hennepin County Recorder – Registrar of Titles on October 30, 1967 and depicted on Exhibit A attached hereto (the “Easement”), pursuant to Hopkins City Charter, section 12.06, Minnesota Statutes, sections 462.358, subd. 7, and Minnesota Statutes, section 412.851; and WHEREAS, on May 5, 2020, following all required notices, the Hopkins City Council held a public hearing at its regular City Council meeting where all persons present were given an opportunity to be heard regarding the proposed vacation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins as follows: 1. That the City Council hereby approves the first reading of Ordinance 2020-1152. 2. That City staff shall present Ordinance 2020-1152 for a second reading at a subsequent meeting at least three days following the date of this resolution, as required by the Hopkins City Charter. This date is tentatively scheduled for May 19, 2020 Dated: May 5, 2020 ___________________________________ Jason Gadd, Mayor ATTEST: ____________________________________ Amy Domeier, City Clerk 1 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2020-1152 ORDINANCE VACATING A UTILITY EASEMENT OVER THE PROPERTY AT 819 CAMBRIDGE STREET THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the utility easement, as described in Document No. T891943 filed in the office of the Hennepin County Recorder – Registrar of Titles on October 30, 1967 and depicted on Exhibit A attached hereto, be vacated. SECTION 2. The effective date of this ordinance shall be the date of publication. First Reading: May 5, 2020 Second Reading: May 19, 2020 Date of Publication: May 28, 2020 Date Ordinance Takes Effect: May 28, 2020 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk A-1 EXHIBIT A Transfer from:1441218 Certificate Number: 1441605 Originally registered December 31, 1917 Volume: 51, Certificate No: 16211, District Court No: 1688 }s.s.Registration Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Number Document Type Date of Filing Month Day, Year Time Amount Running in Favor Of T891943 Easement Oct 30, 1967 9:40 AM City of Hopkins. Granting an easement for sanitary sewer and other purposes over part of above Tract B T2123447 Quit Claim Deed Sep 13, 1990 12:00 PM City of Hopkins. Granting an easement for utility purposes over pt of above land T4436075 Amendment Oct 15, 2007 11:00 AM Between Engler Development, Inc. (a MN corp) and City of Hopkins. re Doc. No. 2123447 T5292600 Easement Sep 25, 2015 1:07 PM Marvin Development IV, LLC Granting an easement for access, maintenance and other purposes over part of above land. Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of my office this 4th day of April, 2017. Indexes Verified through 3/16/2017 Created by Document Number:5433395 Certificate of Title State of Minnesota County of Hennepin This is to certify that MD Land, LLC, a Minnesota limited liability company, whose address is 5425 Boone Avenue North, New Hope, Minnesota, 55428; is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Tracts B and C, Registered Land Survey No. 1250, Hennepin County, Minnesota. Page 1 of 1Certificate Number: 1441605 1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA NOTICE OF COMPLETION OF VACATION PROCEEDINGS The undersigned City Clerk of the City of Hopkins does hereby certify: 1. That the Hopkins City Council held a public hearing on May 5, 2020 regarding the vacation of that certain utility easement described in Document No. T891943 filed in the office of the Hennepin County Recorder – Registrar of Titles on October 30, 1967 (the “Easement”). 2. That due notice of the public hearing was given to affected property owners as required by state statute. 3. That due notice was published in the City’s official newspaper and posted at least two weeks prior to the date of the public hearing as required by state statute. 4. That following the public hearing, the Hopkins City Council made all required findings and adopted an ordinance vacating the Easement (the “Vacation Ordinance”). 5. That a true and correct copy of the Vacation Ordinance adopted by the City Council is attached hereto as Exhibit A. The Vacation Ordinance has been duly published and has taken effect pursuant to state and local laws. 6. That the properties affected by the vacation proceedings are described on the attached Exhibit B. 7. That the vacation proceedings complied in all respects with the procedures specified in the Hopkins City Charter and in state statute. Dated this ___ day of ______________, 2020. Amy Domeier, City Clerk 2 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2020, by Amy Domeier, the City Clerk for the City of Hopkins. ______________________________ Notary Public Drafted By: Return To: Amy Domeier Kennedy & Graven, Chartered City of Hopkins 470 U.S. Bank Plaza 1010 1st St. S. 200 South Sixth Street Hopkins, MN 55343 Minneapolis, MN 55402 (612) 337-9300 A-1 EXHIBIT A Vacation Ordinance [attached] B-1 EXHIBIT B Properties Affected Tracts B and C, Registered Land Survey No. 1250, Hennepin County, Minnesota.