IV.3. Second Reading Ordinance Vacating Easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition (The Hallon); KrzosMEMO
To: Honorable Mayor and City Council
From: Ryan Krzos, City Planner
Date: November 14, 2022
Subject: Hopkins Commerce Center Addition (The Hallon) Easement Vacation -
Second reading of Ordinance 2022-1185 vacating easements over Lots 2
and 3, Block 1, Hopkins Commerce Center Addition.
Proposed Action
Staff recommends the City Council approve the following motion:
•Move to adopt Resolution 2022-079, approving the second 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
that there are existing easements that will remain to accommodate the City’s needs and there is no
continuing public need for the subject easements or the portions thereof. Therefore, staff
recommends the City Council approve this request.
The City Council approved the first reading of this vacation ordinance on November 1, 2022.
Should the City Council approve the second reading of this ordinance, the easements will be vacated
to facilitate the redevelopment of the subject property. This property is expected to be re-platted in
the future, at such time, new easements may be dedicated as needed.
Supporting Documents
•Resolution 2022-079
•Ordinance 2022-1169 (including exhibits of the proposed Vacated Easement Areas)
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-079
A RESOLUTION ESTABLISHING FINDINGS AND
APPROVING THE SECOND 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”); and
WHEREAS, also on November 1, 2022, the Hopkins City Council approved the first reading
of Ordinance No. 2022-1185; and
WHEREAS, the City Council hereby finds that upon the satisfaction of the condition
contained in Ordinance 2022-1185, there is no continuing public need for the Easements and that,
upon satisfaction of said condition, vacating the Easements is in the public interest.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins as
follows:
1. That the above recitals are incorporated into this Resolution as findings as if fully set forth
herein.
2. That the City Council hereby approves the second reading of Ordinance 2022-1185 and
finds that said ordinance is in the public interest.
3. That pursuant to section 3.03 of the Hopkins City Charter and Minn. Stat. § 412.191, subd. 4,
the City Clerk shall cause the following summary of Ordinance No. 2022-1185, which would
clearly inform the public of the intent and effect of the ordinance, to be published in the official
newspaper:
The city council of the city of Hopkins has adopted Ordinance 2022-1185, An Ordinance
Vacating Easements. The ordinance vacates the following public easements which encumber
Lots 2 and 3, Block 1, Hopkins Commerce Center Addition (Hennepin County PIDs
1911721420045 and 1911721420046) that are on file with the Office of the Registrar of Titles
for Hennepin County: the permanent easements for trail, wall, and drainage and utility
purposes, as memorialized in Document No. T05552805; the permanent easements for wall
and utility purposes, as memorialized in Document No. T3619606; a portion of drainage and
utility easement dedicated in the plat of Hopkins Commerce Center Addition, Document No.
T2321304; and a portion of the public sanitary sewer easement, as memorialized in Document
No. T3277873. The full text of Ordinance 2022-1185 is available for inspection at Hopkins
City Hall during regular business hours.
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4. That the City Clerk shall keep a copy of the ordinance at city hall for public inspection and
that a full copy of the ordinance be placed in a public location within the city.
5. That following the publication of the ordinance and the satisfaction of any and all conditions
contained therein, the City Clerk shall execute a notice of completion related to these
proceedings, present it to the Hennepin County auditor, and file it with the Hennepin County
Registrar of Titles.
6. City staff and consultants are hereby authorized and directed to take any other actions deemed
reasonable and necessary to carry out the intent of this Resolution.
Dated: _______________________, 2022
___________________________________
Patrick Hanlon, Mayor
ATTEST:
____________________________________
Amy Domeier, City Clerk
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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
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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
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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.
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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.
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EXHIBIT B
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