V.2. First Reading Ordinance Vacating Easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition (The Hallon); Krzos
November 1, 2022 City Council Report 2022-101
Easement Vacation
Hopkins Commerce Center Addition (The Hallon)
Proposed Action
Move to adopt Resolution 2022-073, approving the first reading of Ordinance 2022-1185 vacating
easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition.
Overview
The petitioner, Brian Gammon of Kimley-Horn, on behalf of TF Hopkins LLC and TF Hopkins I,
LLC, requests vacation of all or parts of four existing easements for trail, wall, utility, and drainage
in favor of the City of Hopkins over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition.
Vacation of the easements is necessary as a result of the redevelopment of this property. Staff finds
no continuing public need for the existing easements or the portions thereof and recommends the
City Council approve the first reading of the ordinance request.
Primary Issues to Consider
• Background
• Alternatives
Supporting Documents
• Resolution 2022-025
• Ordinance 2022-1169 (including exhibits of the proposed Vacated Easement Areas)
_____________________
Ryan Krzos, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2022-101
Page 2
Background
In 2021, Trilogy Real Estate Group received land use approvals to redevelop the subject property
into a mixed use residential and commercial development. The project is redeveloping the Hopkins
Commerce Center strip commercial development into three separate buildings at the northwest
quadrant of Excelsior Boulevard and Blake Road.
The existing easements subject to the vacation request are generally located around the perimeter of
the property. The two easements to be vacated in their entirety consist of one for trail, wall, and
drainage & utility purposes; and the other for wall and utility purposes. There are no City utilities
within these easements nor will the walls remain following completion of the redevelopment.
The requested vacation also includes a small (50 sq. ft.) portion of a utility and drainage easement
that will otherwise remain. This area would conflict with the location of Building B of the
redevelopment, however it would not impact any utilities in the area. Lastly, a portion of a lift station
easement is to be vacated as the lift station is being replaced by the owner so the City has agreed to
vacate this portion in exchange.
Staff has worked with the owner to ensure that there are existing easements that remain to cover
existing infrastructure needs. Additionally, the property is anticipated to be re-plated in the future,
and as such the City will be able to obtain new drainage and utility easements that correspond to the
improvements associated with the redevelopment. Staff agrees the easements or portions thereof are
no longer necessary, therefore recommend approval of the vacation request.
Alternatives
1. Following a public hearing, vote to approve the first reading of Ordinance 2022-1185. By
approving the first reading of this ordinance, this application will move forward for a second
reading and formal approval at the November 14, 2022 City Council meeting. It should be noted
that approval of the resolution requires four votes of the Council.
2. Vote to deny the first reading of Ordinance 2022-1185. By denying the first reading of this
ordinance, this application will not move forward for formal approval at the November 14, 2022
City Council meeting. Should the City Council consider this option, it must also identify specific
findings that support this alternative.
3. Continue for further information. If the City Council concludes that further information is
needed, the items should be continued.
1
834835.v1
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-073
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2022-1185
WHEREAS, on November 1, 2022, pursuant to a petition from Kimley-Horn and
Associates, Inc., a North Carolina business corporation (“Petitioner”) on behalf of TF Hopkins,
LLC and TF Hopkins I, LLC, both Minnesota limited liability companies, the Hopkins City
Council held a duly noticed public hearing pursuant to Hopkins City Charter, section 12.06
regarding the proposed vacation of certain public easements that are more specifically described in
Ordinance No. 2022-1185 (the “Easements”) during which all persons desiring to be heard were
provided an opportunity to participate; and
WHEREAS, following the aforementioned public hearing, the Hopkins City Council was
presented with Ordinance 2022-1185.
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 2022-1185.
2. On November 14, 2022, City staff shall present Ordinance 2022-1185 for a second reading,
as required by the Hopkins City Charter.
Dated: ___________________, 2022
____________________________________
Patrick Hanlon, Mayor
ATTEST:
____________________________________
Amy Domeier, City Clerk
1
834791.v1
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2022-1185
ORDINANCE VACATING EASEMENTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Pursuant to a petition from Kimley-Horn and Associates, Inc., a North Carolina
business corporation (“Petitioner”) on behalf of TF Hopkins, LLC and TF Hopkins I, LLC, both
Minnesota limited liability companies, the public easements that are legally described on Exhibit
A attached hereto and depicted on Exhibit B attached hereto are hereby vacated, subject to the
following condition: (i) reimbursement to the City of all out-of-pocket costs the City incurs as it
relates to processing the vacation contemplated herein.
SECTION 2. The effective date of this ordinance shall be the date of publication, although the
easement vacations approved herein shall not take effect until the aforementioned condition is
satisfied, after which the city clerk shall execute, present, and have filed the requisite notice of
completion related to these proceedings.
First Reading: November 1, 2022
Second Reading: November 14, 2022
Date of Publication: November 24, 2022
Date Ordinance Takes Effect: November 24, 2022
By: ____________________________
Patrick Hanlon, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
A-1
834791.v1
EXHIBIT A
The permanent easements for trail, wall, drainage and utility purposes, as memorialized in
Document Nos. T05552805, T05550686, and T05526087, as previously filed with the Office of
the Registrar of Titles, Hennepin County, Minnesota, and which are legally described as follows:
A permanent easement for trail, wall, and utility purposes, over, under, and across that part
of Lot 3, Block 1, HOPKINS COMMERCE CENTER ADDITION, except that part thereof
designated as permanent easement for highway purposes, Document No. 6919606, files of
the Registrar of Titles, County of Hennepin, which lies easterly of the following described
line: Commencing at the Northeast Corner of said Lot 3; thence North 89 degrees 28
minutes 56 seconds West, assumed bearing along the north line thereof, 17.57 feet to the
point of beginning of the line to be hereinafter described; thence southerly, along a non-
tangential curve, concave to the east, 2.66 feet, having a radius of 1395.87 feet, a central
angle of 00 degrees 06 minutes 33 seconds, a chord bearing of South 04 degrees 58 minutes
46 seconds West, and a chord distance of 2.66 feet; thence South 03 degrees 22 minutes 04
seconds East, 47.97 feet; thence South 04 degrees 49 minutes 32 seconds West, 24.31 feet;
thence North 85 degrees 10 minutes 28 seconds West, 5.83 feet; thence South 04 degrees
49 minutes 32 seconds West, 55.25 feet; thence South 85 degrees 10 minutes 28 seconds
East, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 7.73 feet; thence
North 85 degrees 10 minutes 28 seconds West, 2.50 feet; thence South 04 degrees 49
minutes 32 seconds West, 9.66 feet; thence South 85 degrees 10 minutes 28 seconds East,
2.50 feet; thence South 04 degrees 49 minutes 32 seconds West, 25.51 feet; thence South
49 degrees 49 minutes 32 seconds West, 5.66 feet; thence North 85 degrees 10 minutes 28
seconds West, 19.34 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet;
thence South 85 degrees 10 minutes 28 seconds East, 23.18 feet; thence South 04 degrees
49 minutes 32 seconds West, 27.33 feet; thence North 85 degrees 10 minutes 28 seconds
West, 5.51 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence
South 49 degrees 58 minutes 22 seconds East, 6.94 feet; thence South 04 degrees 49
minutes 32 seconds West, 49.53 feet to said permanent easement for highway purposes and
there terminating.
AND
A permanent easement for drainage and utility purposes, over, under, and across that part
of Lot 3, Block 1, HOPKINS COMMERCE CENTER ADDITION, is described as
follows: Commencing at the Northeast Corner of said Lot 3; thence North 89 degrees 28
minutes 56 seconds West, assumed bearing along the north line thereof, 17.57 feet; thence
southerly, along a non-tangential curve, concave to the east, 2.66 feet, having a radius of
1395.87 feet, a central angle of 00 degrees 06 minutes 33 seconds, a chord bearing of South
04 degrees 58 minutes 46 seconds West, and a chord distance of 2.66 feet; thence South 03
degrees 22 minutes 04 seconds East, 47.97 feet; thence South 04 degrees 49 minutes 32
seconds West, 24.31 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.83 feet;
thence South 04 degrees 49 minutes 32 seconds West, 55.25 feet; thence South 85 degrees
10 minutes 28 seconds East, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds
West, 7.73 feet; thence North 85 degrees 10 minutes 28 seconds West, 2.50 feet; thence
A-2
834791.v1
South 04 degrees 49 minutes 32 seconds West, 9.66 feet; thence South 85 degrees 10
minutes 28 seconds East, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds West,
25.51 feet; thence South 49 degrees 49 minutes 32 seconds West, 5.66 feet; thence North
85 degrees 10 minutes 28 seconds West, 19.34 feet; thence South 04 degrees 49 minutes
32 seconds West, 2.83 feet; thence South 85 degrees 10 minutes 28 seconds East, 23.18
feet; thence South 04 degrees 49 minutes 32 seconds West, 27.33 feet; thence North 85
degrees 10 minutes 28 seconds West, 5.51 feet; thence South 04 degrees 49 minutes 32
seconds West, 2.83 feet; thence South 49 degrees 58 minutes 22 seconds East, 6.94 feet to
the point of beginning of said easement to be described; thence North 49 degrees 58
minutes 22 seconds West, 5.10 feet; thence South 04 degrees 49 minutes 32 seconds West,
7.03 feet; thence South 85 degrees 10 minutes 28 seconds East, 4.17 feet; thence North 04
degrees 49 minutes 32 seconds East, 4.09 feet to the point of beginning.
AND
The permanent easements for wall and utility purposes only, as memorialized in Document No.
T3619606, as previously filed with the Office of the Registrar of Titles, Hennepin County,
Minnesota.
AND
That portion of the drainage and utility easement dedicated in the plat of Hopkins Commerce
Center Addition, as previously filed with the Office of the Registrar of Titles, Hennepin County,
Minnesota as Document No. T2321304, legally described as follows:
Commencing at the southwest corner of said Lot 3; thence North 69 degrees 24 minutes 24
seconds East, assumed bearing along the southerly line of said Lot 3, a distance of 42.34
feet; thence continuing along said southerly line North 73 degrees 50 minutes 29 seconds
East, a distance of 8.88 feet; thence continuing northeasterly along said southerly line 72.98
feet along a curve concave to the southeast, tangent to the last described line, having a
radius of 1492.40 feet and a central angle of 02 degrees 48 minutes 07 seconds; thence
continuing along said southerly line North 83 degrees 43 minutes 45 seconds East, not
tangent with said curve, a distance of 91.22 feet; thence northeasterly along the easterly
line of said Lot 3 a distance of 40.30 feet along a curve concave to the northwest, not
tangent to the last described line, said curve has a radius of 130.00 feet, a central angle of
17 degrees 45 minutes 36 seconds, and the chord of said curve bears North 53 degrees 46
minutes 42 seconds East; thence North 09 degrees 01 minutes 12 seconds East, not tangent
to said curve, a distance of 7.47 feet to the point of beginning of the land to be described;
thence North 09 degrees 01 minutes 12 seconds East, a distance of 11.23 feet; thence
southwesterly 17.47 feet along a curve concave to the northwest, not tangent to the last
described line, said curve has a radius of 120.00 feet, a central angle of 08 degrees 20
minutes 22 seconds, and the chord of said curve bears South 41 degrees 48 minutes 48
seconds West; thence North 79 degrees 01 minutes 30 seconds East, not tangent with said
curve, a distance of 10.06 feet to the point of beginning and there terminating.
Containing 49.37 square feet or 0.0011 acres.
A-3
834791.v1
AND
That portion of the public sanitary sewer easement, as memorialized in Document No. T3277873,
as previously filed with the Office of the Registrar of Titles, Hennepin County, Minnesota, legally
described as follows:
A 15.00 foot wide strip of land lying over, under and across that part of Lot 2, Block 1,
HOPKINS COMMERCE CENTER ADDITION, Hennepin County, Minnesota, lying 7.5
feet on either side of the following described centerline:
Commencing at the southeast corner of said Lot 2; thence South 69 degrees 23
minutes 37 seconds West, assumed bearing, along the south line of said Lot 2, a
distance of 107.11 feet; thence North 20 degrees 36 minutes 23 seconds a distance
of 8.25 feet to the point of beginning of the centerline to be described; thence North
20 degrees 36 minutes 23 seconds West, a distance of 6.75 feet and centerline there
terminating.
The sidelines to be prolonged or shortened to intersect with a line drawn perpendicular to
the above-described centerline from the point of beginning and the point of termination.
Containing 101.25 square feet or 0.0023 acres.
B-1
834791.v1
EXHIBIT B
B-2
834791.v1
B-3
834791.v1
B-4
834791.v1