CR 01-11 SuperValu Request that Rail Road be Vacated
C\TY Or:
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HOPKINS
January 31, 2001
Council Report 2001-11
VACATION - SIXTH AVENUE SOUTH/RAILROAD BOULEVARD
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 2001-07 approving
Ordinance 2001..851. vacating the east one-half of Sixth Avenue South and Railroad
Boulevard.
Overview.
Supervalu requested that Sixth Avenue South and Railroad Boulevard be vacated for the
construction of an addition to the perishable building. The entire right-of-way was to be
vacated. The action to vacate Sixth Avenue was completed in the fall of 2000; however, the
Hennepin County Surveyor discovered a mistake in the legal description. The legal supplied
by the surveyor for Supervalu was for the west one-half of Sixth Avenue and none of
Railroad Boulevard.
The east one-half needs to be vacated and, also, part of Railroad Boulevard, needs to be
vacated. The attached ordinance will vacate the east one-half of Sixth Avenue and Railroad
Boulevard.
Alternatives.
Approve of the vacation of Sixth Avenue South and Railroad Boulevard. By approving the
vacation of the east of Sixth Avenue South and Railroad Boulevard, these rights-of-way will
be vacated.
Deny the vacation of Sixth Avenue South and Railroad Boulevard. By denying the vacation
of the east side of Sixth Avenue South and Railroad Boulevard, these rights-of-way will
remain rights-of-way. If the City Council considers this alternative, findings will have to be
identified that support this alternative.
Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
SUDDortin2 Documents.
. Resolution 2001-7
. Ordinance 2001-851
Nanc . Anderson, AICP
Plann r
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2001-07
RESOLUTION MAKING FINDINGS OF FACT
AND APPROVING A V ACATION OF SIXTH AVENUE SOUTH
AND RAILROAD BOULEVARD
WHEREAS, an application for a vacation of a public right-of-way has been made by Supervalu;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a vacation of Sixth Avenue was made by Supervalu on March 31,
2000;
2. That the Hopkins City Council, pursuant to published notice, held a public hearing on the
application and reviewed such application on February 6, 2001: 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 property to be vacated is as follows:
That part of Railroad Boulevard as dedicated in the recorded plat of West Minneapolis,
Hennepin County, Minnesota, lying northwesterly of Lot 1, Block 1, SUPERV ALU
ADDITION, according to the recorded plat thereof: Hennepin County, Minnesota, and
lying northeasterly of the northerly extension of the west line of Sixth Avenue South, as
dedicated in said SUPERVALU ADDITION, and lying southeasterly of the southeasterly
line of CM & STP RAILWAY, said line being common with the northwesterly line of said
Railroad Boulevard, as dedicated in the recorded plat of WEST MINNEAPOLIS,
Hennepin County, Minnesota, and also lying southwesterly of the southeasterly extension
of a line drawn parallel with and 40 feet southwesterly of the following described line:
Commencing at a point on the west line of the Southeast Quarter of the Southeast
Quarter of Section 24, Township 117, Range 22, distant 25 feet south of the
intersection of said west line with the southeasterly line of County State Aide
Highway No.3; thence southeasterly to a point on the south line of said Southeast
Quarter of the Southeast Quarter distant 115.29 feet east of the southwest comer of
said Southeast Quarter of the Southeast Quarter and there terminating.
The part of the East Half of Sixth Avenue South, as dedicated in the recorded plat of
WEST MINNEAPOLIS, Hennepin County, Minnesota, lying northerly of the westerly
extension of the north right-of-way line of Fifth Street South, as dedicated in the recorded
plat of SUPERV ALU ADDITION, Hennepin County, Minnesota, and southerly of the
northwesterly right-of-way line of Railroad Boulevard as dedicated in said plat of WEST
MINNEAPOLIS.
Together With:
Sixth Avenue South as dedicated in the recorded plat of SUPERV ALU ADDITION,
Hennepin County, Minnesota.
be vacated as a public street.
NOW, THEREFORE, BE IT RESOLVED that the vacation for the east side of Sixth Avenue and
Railroad Boulevard is hereby approved based on the following Findings of Fact:
.
1.
That the above described part of Sixth Avenue and Railroad Boulevard is not
needed for a public purpose.
BE IT FURTHER RESOLVED that the vacation for the east side of Sixth Avenue and Railroad
Boulevard is hereby approved subject to the following conditions:
1. That the vacation be granted subject to public private utility easements retained over the
full width of right-of-way in vacated Sixth Avenue South and Railroad Boulevard.
2. That all the utility company's conditions are met, ifany.
Adopted this 6th day of February 2001.
Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
.
CITY OF HOPKINS
Hennepin County, Minnesota
.
ORDINANCE NO. 2001-851
ORDINANCE VACATING A PORTION
OF SIXTH AVENUE AND RAILROAD BOULEVARD
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public street in the City of Hopkins,
namely:
That part of Railroad Boulevard as dedicated in the recorded plat of West
Minneapolis, Hennepin County, Minnesota, lying northwesterly of Lot 1, Block 1,
SUPERV ALU ADDITION, according to the recorded plat thereot: Hennepin
County, Minnesota, and lying northeasterly of the northerly extension of the west
line of Sixth Avenue South, as dedicated in said SUPERV ALU ADDITION, and
lying southeasterly of the southeasterly line of CM & STP RAIL WAY, said line
being common with the northwesterly line of said Railroad Boulevard, as
dedicated in the recorded plat of WEST MINNEAPOLIS, Hennepin County,
Minnesota, and also lying southwesterly of the southeasterly extension of a line
drawn parallel with and 40 feet southwesterly of the following described line:
Commencing at a point on the west line of the Southeast Quarter of the
Southeast Quarter of Section 24, Township 117, Range 22, distant 25 feet
south of the intersection of said west line with the southeasterly line of
County State Aide Highway No.3; thence southeasterly to a point on the
south line of said Southeast Quarter of the Southeast Quarter distant
115.29 feet east of the southwest corner of said Southeast Quarter of the
Southeast Quarter and there terminating.
The part of the East Half of Sixth Avenue South, as dedicated in the recorded plat
of WEST MINNEAPOLIS, Hennepin. County, Minnesota, lying northerly of the
westerly extension' of the north right-of-way line of Fifth Street South, as
dedicated in the recorded plat of SUPER V ALU ADDITION, Hennepin County,
Minnesota, and southerly of the northwesterly right-of-way line of Railroad
Boulevard as dedicated in said plat of WEST MINNEAPOLIS.
Together With:
Sixth Avenue South as dedicated in the recorded plat of SUPER V ALU
ADDITION, Hennepin County, Minnesota.
be vacated as a public street.
First Reading:
February 6, 2001
Second Reading:
February 20, 2001
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
February 28, 2001
March 20, 2001
Eugene 1. Maxwell, Mayor
City Attorney Signature
Date