IV.8. 325 Blake Road North – Mile 14 on Minnehaha Creek Final Plat; Lindahl
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: December 21, 2021
Subject: 325 Blake Road North – Mile 14 on Minnehaha Creek Final Plat
Proposed Action
Staff recommends the City Council approve the following motion:
• Move to adopt Resolution 2021-087 approving the final plat for Mile 14 on Minnehaha Creek
Addition, subject to the conditions.
Overview
The applicant, Alatus, LLC on behalf of the property owner the Minnehaha Creek Watershed
District (MCWD), requests approval of the Mile 14 on Minnehaha Creek final plat. This 16.87-acre
property is located on the west side of Blake Road between Lake Street Northeast and the
Southwest Light Rail Transit/Cedar Lake Regional Trail corridor.
Action on the final plat represents the last item in the 2 step subdivision process. The City Council
took action on the first step when it approved the preliminary plat during the December 7, 2021
meeting. The applicant proposes to plat the property into multiple parcels to facilitate future
redevelopment. The final plat is consistent with the preliminary plat and Master Development Plan
included in the rezoning and planned unit development application.
Supporting Documents
• Site Location Map
• Final Plat
• Resolution 2021-087 - Final Plat
• Preliminary Plat
• Resolution 2021-078 - Preliminary Plat
• Plat Opinion for Mile 14 on Minnehaha Creek Addition
• Master Development Plan
Site Location Map for 325 Blake Road North
Subject Property
KNOW ALL PERSONS BY THESE PRESENTS: That Minnehaha Creek Watershed District, a Minnesota Statutes Chapter 103D
governmental body, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit:
Lot 74, Auditor's Subdivision No. 239, Hennepin County, Minnesota, except that part of said Lot 74 which is designated and
delineated as Parcel 29, Hennepin County Right of Way Map No. 2, according to the plat thereof on file or of record in the
office of the County Recorder in and for said County.
Torrens Property
Torrens Certificate No. 1341193
AND
That part of Lot 97, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Beginning at the
point of intersection of the East line of Monck Avenue, (as shown on the recorded plat of said subdivision), with the most
Northerly right of way line of The Minneapolis & St. Louis Railway Company; thence in a Northeasterly direction along said
Northerly right of way line, a distance of 845 feet to a point; thence South parallel with and 845 feet from the East line of
Monck Avenue, (as shown on the recorded plat of said subdivision), a distance of 14.48 feet to a point; thence in a
Southwesterly direction parallel with and 13 feet from the most Northerly right of way line, a distance of 845 feet to a point
on said East line of Monck Avenue, (as shown on the recorded plat of said subdivision); thence North along said East line of
Monck Avenue, (as shown on the recorded plat of said subdivision), a distance of 14.48 feet to the point of beginning,
except that part of said Lot 97 which is designated and delineated as Parcel 29A, Hennepin County Right of Way Map No. 2,
according to the map thereof on file and of record in the office of the County Recorder in and for Hennepin County,
Minnesota, all being located in the Southeast Quarter of the Northeast Quarter of Section 19, Township 117 North, Range 21
West of the 5th Principal Meridian.
Abstract Property
Has caused the same to be surveyed and platted as MILE 14 ON MINNEHAHA CREEK, and does hereby dedicate to the public for
public use the public way, and does also dedicate the drainage and utility easements as created by this plat.
In witness whereof said Minnehaha Creek Watershed District, a Minnesota Statutes Chapter 103D governmental body, has caused
these presents to be signed by its proper officer this _______ day of _________________________, 20______.
MINNEHAHA CREEK WATERSHED DISTRICT, A MINNESOTA STATUTES CHAPTER 103D GOVERNMENTAL BODY
_________________________________________
JAMES WISKER, DISTRICT ADMINISTRATOR
STATE OF ______________________
COUNTY OF ____________________
This instrument was acknowledged before me this ________ day of _________________________, 20______, by James Wisker, as
District Administrator of Minnehaha Creek Watershed District, a Minnesota Statutes Chapter 103D governmental body, on behalf
of the governmental body.
____________________________________ ______________________________________________
Signature Printed Name, Notary
Notary Public, _______________________ County, ______________________
My Commission Expires _________________________
SURVEYORS CERTIFICATION
I Steven F. Hough do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed
Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data
and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within
one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this
certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this ________ day of _________________________, 20______.
______________________________________________
Steven F. Hough, Licensed Land Surveyor
Minnesota License No. 54850
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ________ day of _________________________, 20______,
by Steven F. Hough.
___________________________________ ______________________________________________
Signature Printed Name, Notary
Notary Public, _____________ County, Minnesota
My Commission Expires January 31, 2025
CITY COUNCIL, CITY OF HOPKINS, MINNESOTA
This plat of MILE 14 ON MINNEHAHA CREEK was approved and accepted by the City Council of the City of Hopkins, Minnesota,
at a regular meeting thereof held this ________ day of _________________________, 20______, and said plat is in compliance with
the provisions of Minnesota Statutes, Section 505.03, Subdivision 2.
City Council, City of Hopkins, Minnesota
By: ________________________________________, Mayor By: _________________________________________, Clerk
RESIDENT AND REAL ESTATE DEPARTMENT, Hennepin County, Minnesota
I hereby certify that taxes payable in 20______ and prior years have been paid for land described on this plat, dated this ________
day of _________________________, 20______.
Mark V. Chapin, County Auditor By: ________________________________________, Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this ________ day of
_________________________, 20______.
Chris F. Mavis, County Surveyor By: ________________________________________
REGISTRAR OF TITLES, Hennepin County, Minnesota
I hereby certify that the within plat of MILE 14 ON MINNEHAHA CREEK was filed in this office this ________ day of
_________________________, 20______, at ______ o'clock _____.M.
______________________________, Registrar of Titles By: ________________________________________, Deputy
COUNTY RECORDER, Hennepin County, Minnesota
I hereby certify that the within plat of MILE 14 ON MINNEHAHA CREEK was recorded in this office this ________ day of
_________________________, 20______, at ______ o'clock _____.M.
______________________________, County Recorder By: ________________________________________, Deputy
C.R. DOC. NO. _____________________
R.T. DOC. NO. _____________________
SHEET 1 OF 2 SHEETS
LOUCKS
C.R. DOC. NO. _____________________
R.T. DOC. NO. _____________________
SHEET 2 OF 2 SHEETS
LOUCKS
BEARINGS ARE BASED ON THE NORTH LINE
OF THE NORTHEAST 1/4 OF SEC. 19 HAVING A
BEARING OF S88°33'54"E.
DENOTES FOUND 1/2 INCH OPEN IRON MONUMENT
DENOTES 1/2 INCH X 14 INCH IRON
MONUMENT SET, MARKED "LS 54850"
DENOTES FOUND HENNEPIN COUNTY
CAST IRON MONUMENT
BENCHMARK:
TOP NUT OF HYDRANT LOCATED AT SE
CORNER OF BLAKE ROAD N & LAKE
STREET NE, AS SHOWN HEREON.
ELEVATION = 916.46 FT (NGVD29)
SCALE IN FEET
0
N
60 120
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2021-087
A RESOLUTION APPROVING THE FINAL PLAT FOR
MILE 14 ON MINNIHAHA CREEK
WHEREAS, the applicant, Alatus, LLC on behalf of the property owner the Minnehaha Creek
Watershed District (MCWD), initiated final plat application to subdivide the property at 325 Blake Road
North with PID 19-117-21-14-0002, and
WHEREAS, this property is legally described as follows:
LOT 74 AND COM AT A PT IN THE E LINE OF MONK AVE DIST 14 48/100 FT S FROM ITS
INTERSEC WITH THE NWLY LINE OF LOT 97 TH N 14 48/100 FT TO SAID NWLY LINE
THEREOF TH NELY 845 FT ALONG SAID NWLY LINE TH S14 48/100 FT PAR WITH E LINE
OF MONK AVE TH SWLY 845 FT TO BEG EXROAD, AUDITOR'S SUBDIVISION NO. 239
HENNEPIN COUNTY, MINN
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application was initiated by the applicant on October 22, 2021; and,
2. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice,
held a public hearing to review such application on November 23, 2021 and all persons
present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
4. That the Hopkins Planning & Zoning Commission reviewed the preliminary and final plat
applications during their November 23, 2021 meeting and recommended approval by the
City Council, subject to conditions; and
5. That the Hopkins City Council reviewed the preliminary plat application and approved
Resolution 2021-078 approving the preliminary plat for Mile 14 on Minnehaha Creek during
their December 7, 2021 meeting; and
6. That the Hopkins City Council reviewed the final plat application during their December 21,
2021 meeting and agreed with the findings of the Planning & Zoning Commission; and
WHEREAS, staff recommended approval of the final plat application based on the findings
outlined in the staff report dated December 7, 2021 and staff memo dated December 21, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the Mile 14 on Minnehaha Creek final plat to subdivide the property at 325 Blake Road
North with PID 9-117-21-14-0002, subject to the conditions listed below.
1. Conformance with all conditions of Resolution 2021-078 Approving the Preliminary Plat for
Mile 14 on the Minnehaha Creek.
Adopted by the City Council of the City of Hopkins this 21st day of December, 2021.
By_________________________
Jason Gadd, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
LOUCKS
W:\2020\20503\CADD DATA\SURVEY\S20503A-PPLATPlotted: 11 /12 / 2021 1:21 PM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
CADD QUALIFICATION
325 BLAKE
ROAD N
HOPKINS, MN 55343
ALATUS, LLC
IDS CENTER
80 SOUTH 8TH STREET
SUITE 4155
MINNEAPOLIS, MN 55402
SCALE IN FEET
0 60 120
N
GENERAL NOTES
SURVEYOR:
Loucks
7200 Hemlock Lane, Suite 300
Maple Grove, MN 55330
763-424-5505
1. Prepared October 20, 2021.
2. The address, as disclosed in documents provided to the surveyor, obtained by the surveyor, or observed while conducting
the fieldwork is 325 Blake Road North, Hopkins, Minnesota 55343.
2. The bearings for this survey are based on the Hennepin County Coordinate System NAD 83 (1986 Adjust).
3. Benchmark: MnDOT Name: 2706 A 1, Located in Hopkins, 0.1 mile south along Blake Road from the junction of Blake Road
and Trunk Highway 7, then 0.2 mile west on Cambridge Street, 2.2 miles west of the junction of Trunk Highway 100 and
Trunk Highway 7, 100.0 feet south of Trunk Highway 7, in the southeast corner of Cambridge Street bridge number 27574
over Minnehaha Creek.
Elevation = 911.25 feet (NGVD29)
Site Benchmark: Top nut of hydrant located in the southeast quadrant of Lake Street NE and Blake Road N.
Elevation = 916.46 feet (NGVD29)
4. This property is contained in Zone X (areas determined to be outside the 0.2% annual chance floodplain) and Zone AE (area
is subject to flooding by the 1% annual chance flood) per Flood Insurance Rate Map No. 27053C0342F, Community Panel
No. 2701660342F, effective date of 11/04/16.
5. The field work was completed on September 15, 2021.
OWNER/DEVELOPER:
Alatus, LLC
IDS Center
80 S 8th Street, Suite 4155
Minneapolis, MN 55402
612-455-0712
PARCEL 1:
Lot 74, Auditor's Subdivision No. 239, Hennepin County, Minnesota, except that part of said Lot 74 which is designated and
delineated as Parcel 29, Hennepin County Right of Way Map No. 2, according to the plat thereof on file or of record in the office
of the County Recorder in and for said County.
Torrens Property
Torrens Certificate No. 1341193
PARCEL 2:
That part of Lot 97, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as follows: Beginning at the point of
intersection of the East line of Monck Avenue, (as shown on the recorded plat of said subdivision), with the most Northerly right
of way line of The Minneapolis & St. Louis Railway Company; thence in a Northeasterly direction along said Northerly right of
way line, a distance of 845 feet to a point; thence South parallel with and 845 feet from the East line of Monck Avenue, (as shown
on the recorded plat of said subdivision), a distance of 14.48 feet to a point; thence in a Southwesterly direction parallel with and
13 feet from the most Northerly right of way line, a distance of 845 feet to a point on said East line of Monck Avenue, (as shown
on the recorded plat of said subdivision); thence North along said East line of Monck Avenue, (as shown on the recorded plat of
said subdivision), a distance of 14.48 feet to the point of beginning, except that part of said Lot 97 which is designated and
delineated as Parcel 29A, Hennepin County Right of Way Map No. 2, according to the map thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota, all being located in the Southeast Quarter of the
Northeast Quarter of Section 19, Township 117 North, Range 21 West of the 5th Principal Meridian.
Abstract Property
LEGAL DESCRIPTION
Current Zoning: I-2 General Industrial
Any zoning classification, setback requirements, height and floor space area restrictions, and parking requirements, shown hereon, was
researched to the best of our ability and is open to interpretation. Per the City of Hopkins Zoning Map and City Code, on 10/19/2021,
information for the subject property is as follows:
Current Setbacks:Sign Setbacks:
Front 20 feet Front 10 feet
Front if across ROW from R District 50 feet Side 10 feet
Side 20 feet Rear 10 feet
Side if across ROW from R District 40 feet Rear abutting R District 20 feet
Rear without alley abutting I or B District 20 feet Front abutting a County Road 10 feet
Rear if abutting R District 40 feet Side abutting a County Road 5 feet
Height 35 feet Rear abutting a County Road 10 feet
Height if abutting R District 35 feet 250 Square feet maximum. 4 square feet per front foot
of lot plus 1 square foot per foot of side yard abutting
a public right-of-way of 50 feet or more. Least width
of frontage shall be considered front yard
Proposed Zoning: PUD Planed Urban Development: See Proposed Sight Plan for Proposed Setbacks.
ZONING INFORMATION
Areas:
Lot 1, Block 1 = 5,144 +/- square feet or 0.12 +/- acres
Lot 2, Block 1 = 40,920 +/- square feet or 0.94 +/- acres
Lot 3, Block 1 = 111,532 +/- square feet or 2.56 +/- acres
Lot 4, Block 1 = 150,396 +/- square feet or 3.45 +/- acres
Lot 1, Block 2 = 63,359 +/- square feet or 1.34 +/- acres
Lot 2, Block 2 = 58,306 +/- square feet or 1.45 +/- acres
Outlot A = 112,896 +/- square feet or 2.59 +/- acres
Outlot B = 66,695 +/- square feet or 1.53 +/- acres
Outlot C = 69,070 +/- square feet or 1.59 +/- acres
Right of Way Dedication Area = 56,736 +/- square feet or 1.30 +/- acres
Creek Area = 23,305 +/- square feet or 0.53 +/- acres
Net Property Area = 655,014 +/- square feet or 15.04 +/- acres
Total Property Area = 735,055 +/- square feet or 16.87 +/- acres.
SITE DATA
SPOT ELEVATION
SIGN
LIGHT POLE
POWER POLE
CATCH BASIN
CONTOUR
CONCRETE CURBSTORM SEWER
SANITARY SEWER
WATERMAIN
UNDERGROUND ELECTRIC
CONCRETE
ELECTRIC TRANSFORMER
TELEPHONE PEDESTAL
UTILITY PEDESTAL
TELEPHONE MANHOLE
UTILITY MANHOLE
HAND HOLE
SANITARY SEWER SERVICE
GUY WIRE TRAFFIC SIGNAL
RAILROAD TRACKS
OVERHEAD UTILITY
MONITORING WELL
FLARED END SECTION
TOP OF CURB
FOUND 1/2 INCH OPEN IRON
FOUND CAST IRON MONUMENT
PAVERS
TOP NUT HYDRANT
WATER LINECHAIN LINK FENCE
RETAINING WALLSTORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
MONUMENT UNLESS
SANITARY MANHOLE
STORM MANHOLE
CATCH BASIN
STRUCTURE RIM & INVERT
UTILITY VALVE
INFORMATION AS SHOWN ON PLANS
NOT FIELD VERIFIED
ACCESS POST
BENCH
SHOWN OTHERWISE
LEGEND
WATER MANHOLE / WELL
TELEPHONE MANHOLE
HAND HOLE
TREE LINE
DENOTES EXTERIOR EDGE OF
CONTOURS FROM STANTEC
DATED 01/11/2021
SET 1/2 INCH X 14 INCH IRON
MONUMENT, MARKED "LS 54850"
MAPPED STORM SEWER
MAPPED SANITARY SEWER
MAPPED WATERMAIN
MAPPED UNDERGROUND FIBER OPTIC
MAPPED UNDERGROUND ELECTRIC
MAPPED UNDERGROUND GAS MAPPED FORCE MAIN
MAPPED UNDERGROUND
TELEPHONE
10/20/21 ISSUED SURVEY
10/22/21 ADD EASEMENTS
11/08/21 CITY COMMENTS
11/12/21 CITY COMMENTS
License No.
Date
I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Land Surveyor under the laws of
the State of
VICINITY MAP
Field Crew
Project Lead
Drawn By
Checked By
Loucks Project No.
Minnesota.
Steven F. Hough - PLS
54850
21503A
SFH
NJL
SFH
SKS
10/20/21
PRELIMINARY
PLAT
1 OF 1
SITE
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2021-078
A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR
MILE 14 ON MINNIHAHA CREEK
WHEREAS, the applicant, Alatus, LLC on behalf of the property owner the Minnehaha Creek
Watershed District (MCWD), initiated preliminary plat application to subdivide the property at 325
Blake Road North with PID 19-117-21-14-0002, and
WHEREAS,this property is legally described as follows:
LOT 74 AND COM AT A PT IN THE E LINE OF MONK AVE DIST 14 48/100 FT S FROM ITS
INTERSEC WITH THE NWLY LINE OF LOT 97 TH N 14 48/100 FT TO SAID NWLY LINE
THEREOF TH NELY 845 FT ALONG SAID NWLY LINE TH S14 48/100 FT PAR WITH E LINE
OF MONK AVE TH SWLY 845 FT TO BEG EXROAD, AUDITOR'S SUBDIVISION NO. 239
HENNEPIN COUNTY, MINN
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application was initiated by the applicant on October 22, 2021; and,
2. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice,
held a public hearing on the application and reviewed such application on November 23,
2021 and all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
4. That the Hopkins Planning & Zoning Commission reviewed this application during their
November 23, 2021 meeting and recommended approval by the City Council, subject to
conditions; and
5. That the Hopkins City Council reviewed this application during their December 7, 2021
meeting and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the staff report dated December 7, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the Mile 14 on Minnehaha Creek preliminary plat to subdivide the property at 325
Blake Road North with PID 9-117-21-14-0002, subject to the conditions listed below.
1. Rezoning of the subject property from 1-2, General Industrial to Mixed Use with a Planned Unit
Development (PUD).
2. Execution of a Planned Unit Development Agreement in a form acceptable to the City Attorney.
3. Approval of the associated final plat and conformance with all related conditions.
4. Payment of all applicable development fees including, but not limited to, attorney's fees and park
dedication. All development fees except park dedication shall be paid prior to execution of the
planned unit development agreement. Park dedication fees shall be paid prior to issuance of a
building permit for each individual parcel.
5. Development of any individual lot created by this subdivision shall require separate site plan
approval.
6. Development of Outlot C shall require separate subdivision approval consistent with the
approved zoning and planned unit development.
7. Conformance with all requirements of the City Engineer.
8. Conformance with all requirements of Hennepin County.
9. Approval of the development by the Minnehaha Creek Watershed District and conformance with
all related conditions.
10. Approval of the associated Environmental Assessment Worksheet(EAW).
11. Submission and review of a title commitment by the City Attorney and adherence to conditions.
12. Additional easements shall be recorded as required by the City Attorney.
Adopted by the City Council of the City of Hopkins this
7th day of December, 2021.
Be_ ,
Kris Halverson, Mayor Pro Tempore
ATTEST:
MOW"
Amy Domeier, City Clerk
DOCSOPEN\HP145\47\763165.v2-12/16/21
Kennedy Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
Scott J. Riggs Attorney at Law
Direct Dial: (612) 337-9260
Email: sriggs@kennedy-graven.com
December 16, 2021
Mr. Jason Lindahl
City Planner VIA EMAIL ONLY
City of Hopkins
1010 – 1st Street South
Hopkins, MN 55343
RE: Plat Opinion for MILE 14 ON MINNEHAHA CREEK
Our File No. HP145-47
Jason:
I have reviewed the title commitment from First American Title Insurance Company, with an
effective date of August 29, 2021 (the “Commitment”). I have also reviewed a final plat, prepared
by LOUCKS, which is titled MILE 14 ON MINNEHAHA CREEK (the “Plat”).
The Commitment purports to cover the following legal descriptions:
PARCEL 1:
Lot 74, Auditor's Subdivision No. 239, Hennepin County, Minnesota, except that part of said Lot
74 which is designated and delineated as Parcel 29, Hennepin County Right of Way Map No. 2,
according to the plat thereof on file or of record in the office of the County Recorder in and for
said County.
(Torrens Property, Certificate of Title No. 1341193)
PARCEL 2:
That part of Lot 97, Auditor's Subdivision No. 239, Hennepin County, Minnesota, described as
follows: Beginning at the point of intersection of the East line of Monck Avenue, (as shown on
the recorded plat of said subdivision), with the most Northerly right of way line of The Minneapolis
& St. Louis Railway Company; thence in a Northeasterly direction along said Northerly right of
way line, a distance of 845 feet to a point; thence South parallel with and 845 feet from the East
line of Monck Avenue, (as shown on the recorded plat of said subdivision), a distance of 14.48
feet to a point; thence in a Southwesterly direction parallel with and 13 feet from the most
Northerly right of way line, a distance of 845 feet to a point on said East line of Monck Avenue,
(as shown on the recorded plat of said subdivision); thence North along said East line of Monck
Avenue, (as shown on the recorded plat of said subdivision), a distance of 14.48 feet to the point
of beginning, except that part of said Lot 97 which is designated and delineated as Parcel 29A,
&
Mr. Jason Lindahl
December 16, 2021
Page 2
DOCSOPEN\HP145\47\763165.v2-12/16/21
Hennepin County Right of Way Map No. 2, according to the map thereof on file and of record in
the office of the County Recorder in and for Hennepin County, Minnesota, all being located in the
Southeast Quarter of the Northeast Quarter of Section 19, Township 117 North, Range 21 West of
the 5th Principal Meridian.
(Abstract Property)
(the “Property”).
Based on my review of the Commitment and the Plat, I have the following comments relative to
the proposed Plat:
1. Plat Execution. The names and signatures of the following parties in interest must appear
on the Plat:
a. Minnehaha Creek Watershed District, a Minnesota Statutes Chapter 103D
governmental body. (the “Fee Owner”)
b. The Plat must be executed with all the formalities of a deed of title. I require a
resolution authorizing the proposed transaction and identifying the parties authorized
to execute the easements dedicated in the Plat and that the person signing is
authorized to execute the Plat on the Fee Owner’s behalf.
2. Plat Corrections:
a. There should be the words “PARCEL 1:” and “PARCEL 2:” added to the legal
description.
b. A street name must be inserted into the Plat.
3. Title Commitment Exceptions:
a. Permanent easement for signal purposes over all that part of Lot 74, Auditor’s
Subdivision No. 239, which is designated and delineated as Parcel 29B, Hennepin
County Right of Way Map No. 2, as showing in the Office of the Registrar of Titles
as Document No. 1311211, shown as a recital on the Certificate of Title, and in the
Office of the County Recorder as Document No. 4433192 in favor of Hennepin
County, a corporation under the laws of the State of Minnesota. This Warranty
Deed grants to Hennepin County, a permanent easement for signal purposes over all
that part of Lot 74, Auditor’s Subdivision No. 239, which is designated and delineated
as Parcel 29B, Hennepin County Right of Way Map No. 2 and as such, should be
marked with a reference Number; additionally, the City should review with the
developer to see if it needs to be vacated.
b. Terms, conditions, covenants and restrictions of the Declaration of Restrictive
Covenants for Atlas Cold Storage America LLC, a Minnesota limited liability
Mr. Jason Lindahl
December 16, 2021
Page 3
DOCSOPEN\HP145\47\763165.v2-12/16/21
company, recorded as Document No. 4443349 and Document No. 9061387.
(Affects Parcels 1 and 2). This Declaration does not allow the subject property to
lease all or any portion to certain entities. The City and the developer should
review this document to determine if the City should consider requiring a
supplemental declaration to be recorded as part of the platting process.
c. Rights of the Hennepin County Regional Railroad Authority as depicted on the
Hennepin County Regional Railroad Authority Property Map No. 2 recorded as
Document No. T4686556 and Document No. 5496762. (Affects Parcels 1 and 2).
The City and the developer should review this document to determine if the rights
interfere with the development of this property.
d. Easements for trail purposes, together with any incidental rights, in favor of the
City of Hopkins, a Minnesota municipal corporation as contained in the Easement
recorded as Document No. T05529983. (Affects Parcel 1). These easements should
be marked on the Plat with a reference number. The City and the developer should
review the Easement Agreement and determine if any of the easements shown
should be vacated.
e. Terms, conditions, and provisions as contained in the Temporary Easement in favor
of METROPOLITAN COUNCIL recorded as Document No. T05602445 and
Document No. A10646230. (Affects Parcels 1 and 2). This Temporary Easement
is set to expire November 1, 2022. No further action is required.
f. Easement for construction, operation and maintenance of METRO Green Line
Light Rail Transit Extension, owned by Metropolitan Council, contained in the Quit
Claim Deed in favor of Hennepin County Regional Railroad Authority, recorded as
Document No. A10621894. (Affects Parcel 2). This easement should be marked
on the plat with a reference number. The City and developer should review the
Quit Claim Deed to determine if any of the easements should be vacated.
4. Property taxes and assessments. All real estate taxes payable in the year the Plat is
recorded (including delinquent taxes and any deferred Green Acres taxes) must be paid
prior to recording the Plat. Any special assessments against any part of the Property can
be reapportioned among the new lots as provided in Minnesota Statutes Section
429.071(3).
PIN 19-117-21-14-0002 (Not billed)
2021 Base Taxes = $0.00 (Not billed)
2021 Special Assessments = $0.00 (Not billed)
This letter does not purport to set forth every matter relevant to a determination of whether title to
the property is marketable, and no one should rely upon it for that purpose. The sole purpose of
this letter is to identify required signatories to the plat and related issues of interest to the City in
connection with platting, as evidenced by the Commitment.
Mr. Jason Lindahl
December 16, 2021
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This opinion is conditioned upon the issuance of a title policy in favor of the City of Hopkins,
insuring the City’s interests as they appear in the plat of MILE 14 ON MINNEHAHA
CREEK.
Sincerely,
KENNEDY & GRAVEN, CHARTERED
Scott J. Riggs
Hopkins City Attorney