CR 92-241 PH Vacation of Easement - Holiday Station
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November 30, 1992
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council Report 92-241
PUBLIC HEARING
VACATION OF EASEMENT - HOLIDAY STATIONSTORE SITE
Proposed Action.
staff recommends adoption
approve Resolution 92-109.
Ordinance 92-720 to vacate
Second Street South.
of the following motion: Move to
resolution approvinq for first reading
a storm sewer utility easement at 1120
Overview
In earlier action council vacated a storm sewer easement in the
southwest quadrant of 11th Avenue and County Road 3 (Holiday
stationstore site). The easement vacated was one drawn up in
error in years past and was in need of revision. A new document
was drawn up to agree with the actual location of the storm sewer
in place.
When Holiday companies prepared final site plans for the new
store it became necessary to make modifications in the storm
sewer alignment. Therefore a portion of the newly drawn easement
will need to be vacated and a revised easement document drawn up.
Easements are vacated by ordinance and a public hearing.
primary Issues to consider
o Is the current easement needed?
The newly drawn easement is needed but with some
modifications to conform with the present site layout.
o will a revised document be necessary?
A revised easement has been drawn up and has been signed by
Justus Lumber Company. It awaits recording at the County
once vacation proceedings are concluded.
supporting Information
o Notice of public hearing
o Resolution 92-109
o Ordinance 92-720
o site plan
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Ues Gessele
Engineering Superintendent
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
Notice of Public Hearing
Vacating A Utility Easement
The Hopkins city council will hold a public hearing on Tuesday;
December 8, 1992, at 7:30 p.m., in the Council Chambers of City
Hall to consider vacating a utility easement at 1120 Second
street South, the present site of the Holiday stationstore. The
following is a legal description of the storm sewer easement to
be vacated:
That portion of the Easement Areas which is located over,
under and across Tracts A and C, Registered Land Survey No.
1316, Files of the Registrar of Titles, Hennepin County,
Minnesota, and being part of a 20.00 foot easement for storm
sewer purposes over, under, and across the following
described property:
Tracts A, C, Of E, F, and I, Registered Land Survey No.
1316, Files of Registrar of Titles, county of Hennepin.
The center line of said easement is described as follows:
Beginning at a point on the east line of said Tract A
distant 76.00 feet southerly of the northeast corner of
said Tract A, thence westerly to a point on the west
line of said Tract I distance 84.00 feet southerly of
the northwest corner of said Tract I and said center
line there terminating.
If you have any interest in this hearing, please attend this
meeting.
For further information, contact James Gessele, Engineering
Superintendent, city of Hopkins, at 935-8474.
To be published in the Sun Sailor November 25, 1992.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 92-109
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN APPLICATION FOR VACATION OF UTILITY EASEMENTS
WHEREAS, an application by Holiday Stationstores to vacate a
utility easement at 1120 Second street South is hereby
approved.
WHEREAS, the procedural history of the vacation is as follows:
1. That a previous application for the vacation was
filed with the City of Hop~lns and approved by
Council on October 15, 1991.
2. That the Holiday Companies deems it necessary to
make a second application for vacation in order
for the existing storm sewer utility to conform
with the present site plan.
3. That a second application for vacation was filed
with the City of Hopkins on March 20, 1992.
4. That the Hopkins city Council reviewed such
application on December 8, 1992.
5. That the Hopkins city Council, pursuant to
published and mailed notices, held a public
hearing on December 8, 1992; all persons present
at the hearing were given an opportunity to be
heard.
6. That the written comments and analysis of the City
staff were considered.
NOW, THEREFORE, BE IT RESOLVED, that application for utility
easement vacation at 1120 Second street South is hereby
approved subject to the following Findings of Fact:
1. That the storm sewer easement is not needed.
2. That a revised easement will be drawn up to reflect
actual location of the storm sewer utility.
Adopted this 8th day of December, 1992.
ATTEST:
Nelson W. Berg, Mayor
James A. Genellie, city Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 92-720
ORDINANCE VACATING A PORTION OF UTILITY EASEMENT
IN TRACTS A AND C,
REGISTERED LAND SURVEY NO. 1316, FILES OF THE REGISTRAR OF
TITLES, HENNEPIN COUNTY, MINNESOTA
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following describtou. utility easement in the
following designated area of the city of Hopkins:
An easement for the installation, maintenance and repair of
a public storm sewer under, across and upon those parts of
Tracts A and C, Registered Land Survey No. 1316,
be and the same is hereby vacated as a public utility easement.
e First Reading: December 8, 1992
Second Reading: December 15, 1992
Date of Publication: December 23, 1992
Date Ordinance Takes Effect: January 12, 1993
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, city Clerk
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