CR 01-122 Vacation of Portion of Utility Easement 110 Wayside Rd
C\TY OF
August 30, 2001
m
HOPKINS
Council Report 2001-122
First Reading
Vacation of Portion of Utility Easement
110 Wayside Road
Proposed Action.
Staff recommends the following motion: Move that Council approve for first
readina Ordinance 2001-861 vacating a portion of drainage and utilitv easement
at 110 Wayside Road
Overview.
This item was considered by City Council at the July 17, 2001 and August 8 City
Council meetings. At the August 8 meeting, City Council directed staff to
proceed with vacation of a portion of the existing easement as requested by the
property owner at 110 Wayside Road. The property owner had asked that the
city vacate a portion of the drainage and utility easement running along the west
side of Highway 169. The owner would like to construct a 24' x 32' storage
building in his backyard and he would like to position the building as far back into
the corner of his lot as possible. . Since City Council approval staff has contacted
the property owner, notified utility companies of the proposed vacation, written a
legal description of the vacated easement and published the public hearing
notice. The schedule is as follows: Sept 4: First Reading
Sept 18: Public Hearing, 2nd Reading - Final
adoption of vacation ordinance
Sept 26: Publication of Ordinance
Oct 17: Effective date of ordinance
Primary Issues to Consider.
. Staff recommendation: Staff recommends City Council approve
Ordinance 2001-861 for 1st reading.
Supporting Information.
. June 18, 2001 vacation request
. August 29, 2001 letter wI attached easement description & drawing
~nce 2001 - 861
Steven J. Stad ler
Public Works Director
.
.
June 18, 2001
To: Hopkins City Council Re: Partial vacation of easement- 110 Wayside Road
East.
We are requesting the vacation of a portion of a large easement on our property
to helpfaciiitate the construction of a storage garage.
We bought this property as bare land consisting of recombined surplus lots from
old Hennepin County Highway 1819605 condemn~tions, at sealed bid from
Hennepin CountyJn 1987: Our goal was to b4iJd a one level accessible home.
After difficu Ity, we were able to obtain. a set back variance from the abandoned
portion of Wayside Road East, and built this home' in 1988-9. We have been
quiet owner-occupiers since. ~
In recent times: we became aware of cities (and ou'r city) proposing/enacting
ordinances dealing with uncovered vehicles/campers/boats, and since we fit this
category of homeowner, we began to plan a. storage structure.
The home is located on the higher north end of the property, so we looked to fit
this new building into the south 'corner of the lot where it has the lowest elevation
with heavy foliage and can better blend in.
We knew about the easement and water line running thru it, and called the city
water superintendent, Mr. Lauseng, tq outline our plans and he came out and
located the water main. (I wanted to do this first, because some of the problems
with our earlier home setback variance in 1988 was because of an incorrect map
of this area at city hall. I wanted to be sure to physically site the structure away
from the water line.) The water line was 2 fe~t up from the base of the noise wall
hill and 18 feet from the wall itself. I asked rvlr. Lauseng what is the normal size
for a \Nater easement for a water main and his response was 10 feet on either
side of the line. 10 feet from the water pipe to the west placed it on a line to the
south telephone pole corner marker, \Nhat I figured to be the west boundary of
the easement. Subsequent research by Mr. Hill or the engineering department
disciosed that, in fact, there was an additional 10 "reet to that line for a total
easement width in the south of over 39 feet tapering to 35 feet north near the
house.
This means that this west side easem~nt is 20 feet rather than 10 feet from the
\lvater. This added 10 feet is making it difficult to properly site the building with
the topography/sideyard setback and aesthetics.
In phone conversation with Mr. Stadler, he indicated that easement vacation was
not something that he was likely to favor.
Mr. Stadler apparently feels that easement reduction will adversely affect
possible future water line maintenance, and wants the 35-39 feet to remain.i
have been assured by equipment operators and contractors that we are leaving
enoug.h room for necessary. trucks/backhoes/heavy equipment.
Mr. Stadler also indicated by email that our request "is not in the best interest of
the city"-Certainly having a large taxable easement is -an advantage for the city,
but this configuration fashioned by Hennepin County when it owned the homes
and properties, puts future private owners in a poor position with their property.
Over 1/4 of our lot and over 8000 square feet are consumed by this easement.
We are asking to pare 1/8 from that, and feel that the result will not hurt the
city-now or in the future. ..
In our original request to Mr. Stadler, we had asked to pare 10 feet from the west
side of the easement. We asked if he had any other suggestions on this issue,
but have not given him much time to respond. We could get by with leaving the
easement north end as it is, and allow us to move the south end 10 feet east,
and redraw the boundary line from that. (see survey maps) The 1985 Hennepin
County survey west boundary line was based on a bearing shot from the south
monument at the telephone pole, soa new bearing should work. This approach
will stiff ensure maintenance access while allowing us to reasonably site the
structure. We. also narrowed the building from our original plan. This gives a
setback of 12 feet on the south end of the building to the water line and that
dimension increases to 17 feet at the north end.
Also, we feel that the easement west of this "telephone pole,1 marker that
extends through the .Dalbec's lot at 401 Hollyhock Lane is likely excessive and
should be looked at for vacation.
We enjoy our neighborhood and hope that the council will work with us for a
common sense solution to deal with our differential.
We believe that the best way for council members to get a good understanding
for this request, is to visit us and the site-all the way to the end of Wayside Road
. in Hobby Acres, Thank you..
Dan, Kathy and Kate Lapham
110 Wayside. Road East
933-24:35 dig pager 612-538-5434
lapham3@aol.com
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. CJIopkins. Public Works Department.
11100 excelsior 'Blvd. . CJIopkins, UVlN 55343-3435. Phone: 612-939-1382 . :fax: 612-939-1381
Dan Lapham
110 Wayside Road. East
Hopkins, MN 55343
August 29, 2001
RE: Request for vacation of drainage & utility easement
Dear Mr. Lapham:
At its August 7 meeting, City Council approved your request for a partial vacation of an
existing drainage & utility easement on your property at 110 Wayside Road. The city must
now follow procedures as established by the Hopkins City Charter. These include first and
second readings of a vacation ordinance, public notices for both a public hearing and the
vacation ordinance, obtaining a legal description for the vacated easement area, and
recording the vacation documents with the Hennepin County Recorder. As the requesting
. property owner, the city fee for these services is $150. This is to cover the costs of
publication and recording. Please submit this fee to the City Clerk as soon as possible. I
have enclosed the legal description and drawing of the area. In addition, notices have been
sent to the applicable utility companies advising them of the proposed vacation. The
schedule for the easement vacation is as follows: ,
Sept 4: 1 st reading of vacation ordinance
Sept 5:
Sept 18:
Public hearing notice in Sailor
Public hearing and 2nd reading and final adoption
of vacation ordinance
Sept 26:
Oct 17:
Publication of ordinance in Sailor
Effective date. of ord inance
I understand that you would like to proceed with obtaining a building permit as soon as
possible. You could proceed ,after the final adoption of the vacation ordinance on September
18.
If you have questions please feel free tocal! me at 952-939-1338 or email at
sstadler ho kinsmn.com.
Steven J. Stadler
Public Works Director
Enc.
r:./ln 8qualOpportunity 8mployer
VACA TED EASEMENT EXHIBIT
All that part of Lot 7, Block 5, HOBBY ACRES, LQHMAN-AARHUS DIVISION,
. according to the plat thereof on file and of record in the Office of the County Recorder,
. Hennepin County, MInnesota, described as follows:
Beginning at the southeast comer of said Lot 7; thence North 06 degrees 31 minutes 30
seconds West assumed bearing a distance of214.50 feet; thence South 03 degrees 51
minutes 10 seconds East a distance of 203 .65 feet; thence "South 47 degrees 08 minutes
01 seconds East a distance of 14.59 feet to the point of beginning and there terminating.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE No. 2001-861
AN ORDINANCE VACATING A PORTION OF A DRAINAGE AND UTILITY
EASEMENT AT 110 WAYSIDE ROAD.
THE COUNCil OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOllOWS:
The section of the drainage and utility easement hereinafter described in favor of
the City of Hopkins are hereby vacated:
DESCRIPTION OF EASEMENT AREA
TO BE VACATED
All that part of lot 7, Block 5, HOBBY ACRES, lOHMAN-AARHUS DIVISION,
according to the plat thereof on file and of record in the Office of the County
Recorder, Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of said lot 7; thence North 06 degrees 31
minutes 30 seconds West assumed bearing a distance of 214.50 feet; thence
South 03 degrees 51 minutes 10 seconds East a distance of 203.65 feet; thence
South 47 degrees 08 minutes 01 seconds East a distance of 14.59 feet to the
point of beginning and there terminating.
First Reading:
Sept 4, 2001
Sept 18, 2001
Sept 26, 2001
Second Reading:
Date of Publication:
Date Ordinance takes effect:
October 17, 2001
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND lEGALITY:
City Attorney
Date