CR 01-159 Second Reading - Public Hearing Vacation of Portion Utility Easement
C\TY OF
m
September 13,2001
HOPKINS
Council Report 2001-159
Second Reading - Public Hearing
Vacation of Portion of Utility Easement
110 Wayside Road
Proposed Action.
Staff recommends the following motion: Move that Council adopt Resolution
2001-59 makina findinas of fact and approvina Ordinance 2001-861 vacatina a
portion of drainaae and utilitv easement at 110 Wayside Road
Overview.
This is the second reading and final adoption of an ordinance vacating a portion
of an existing drainage and utility easement 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. The utility
companies have expressed no opposition to this vacation. The public hearing
notice was published on September 5. .
Primary Issues to Consider.
. Staff recommendation: Staff recommends City Council adopt
resolution 2001-59 making findings of fact and approving the
vacation request.
Supportina Information.
. Ordinance 2001 - 861
. Resolution 2001-59
~
Steven J. Stad ler
Public Works Director
"
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 Offi~e of the County
Recorder, Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of said Lot 7; therice North 06 degrees 31
minutes 30 seconds West assumed bearing a distance of 214.50 feet; thence
South 03 degrees 51 rriinutes 10 seconds East a distance of 203.65 feet; thence
South 47 degrees 08 minutes 01 seconds East a distance of14.59 feet to the
point of beginning and there terminating. .
Date of Publication:
Sept 4, 2001
Sept 18,2001
Sept-26,2001
First Reading:
Second Reading:
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
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2001-59
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING V ACA TION OF
A PORTION OF DRAINAGE AND UTILITY EASEMENT AT 110 WAYSIDE ROAD
Whereas, certain drainage and utility easement was created over property at 11 0 Wayside
Road, and
Whereas, the portion of the easement to be vacated, drawing and description attached, are
not needed by the City or the public utility companies, and
Whereas, the partial vacation is necessary for the owner to improve his property by
through construction of a storage garage,
NOW, THEREFORE, BE IT RESOLVED that the portion of the drainage and utility
easement at 110 Wayside Road, such portion as described in the attached Exhibit A, are
hereby vacated.
Adopted this 18th day of September, 2001
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
~
EXHIBIT A
All thatpart 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 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 of203.65.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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