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IV.4. Second Reading of Ordinance 2020-1152; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: May 19, 2020 Subject: Second reading of Ordinance 2020-1152 approving vacation of a utility easement over 819 Cambridge Street and authorizing its publication Proposed Action Move to adopt Resolution 2020-027 approving the second reading of Ordinance 2020-1152 vacating a utility easement over the property at 819 Cambridge Street and authorizing its publication. 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 main 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. Based on the findings detailed in City Council Report 2020-029 dated May 5, 2020, staff finds that there is no continuing public need for this easement and recommends the City Council approve this request. The City Council adopted a motion to approve the first reading of this item on May 5, 2020. The version of the ordinance before the City Council for the second reading is the same as approved during the first reading. Should the City Council approve the second reading of this ordinance, the easement will be vacated and the city will bear no further responsibility for the lift station and force main. Attachments • Resolution 2020-027 • Ordinance 2020-1152 • Vacation Exhibit • Certificate of Title • Notice of Completion 1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-027 A RESOLUTION ESTABLISHING FINDINGS, APPROVING THE SECOND READING OF ORDINANCE 2020-1152 VACATING A UTILITY EASEMENT OVER 819 CAMBRIDGE STREET AND AUTHORIZING PUBLICATION BY TITLE AND SUMMARY 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 they reviewed City Council Report 2020- 029 and all persons present were given an opportunity to be heard regarding the proposed vacation. Following the public hearing, the City Council approved Resolution 2020-020 approving the first reading of Ordinance 2020-1152; and WHEREAS, the City hereby finds that there is no continuing public need for the Easement and that vacating the Easement, as requested, is in the public interest; and WHEREAS, Hopkins City Charter, 3.03, subd. 1 and Minnesota Statutes, section 412.191, subd. 4 collectively authorize the publication of lengthy ordinances by title and summary if it would clearly inform the public of the intent and effect of the ordinance; and WHEREAS, the ordinance is lengthy and the City Council believes that the summary below would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins as follows: 1. That the above recitals are incorporated into this Resolution as findings as if fully set forth herein. 2. That the City Council hereby approves the second reading of Ordinance 2020-1152 and finds that said ordinance is in the public interest. 3. That the City Clerk shall cause the following summary of Ordinance No. 2020-1152 to be published in the official newspaper in lieu of the entire ordinance: 2 Public Notice ORDINANCE NO. 2020-1152 ORDINANCE VACATING UTILITY EASEMENT The City Council of the City of Hopkins has adopted Ordinance No. 2020-1152 - Ordinance Vacating Utility Easement which approves 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 was located on and near the property located at 819 Cambridge Street, Hopkins, Minnesota. The full text of Ordinance No. 2020-1152, which includes a depiction of the vacated easement, is available for inspection at Hopkins City Hall during regular business hours. 4. That City staff shall keep a copy of Ordinance 2020-1152 at City Hall for public inspection and a full copy of the Ordinance shall be placed in a public location within the City. 5. That following the publication of the summary above, the City Clerk shall execute a notice of completion related to these proceedings, present it to the Hennepin County auditor, and record it with the Hennepin County recorder. Dated: May 19, 2020 ___________________________________ Jason Gadd, Mayor ATTEST: ____________________________________ Amy Domeier, City Clerk A-1 EXHIBIT A 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 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 EXHIBIT A Vacation Ordinance A-1 EXHIBIT A B-1 EXHIBIT B Properties Affected Tracts B and C, Registered Land Survey No. 1250, Hennepin County, Minnesota.