CR 96-16 1st Reading Vacation Utility Easement - Town Terracs ApartmentsJanuary 23, 1996
Prqposed Action.
Staff recommends the following motion: Move that Council approve for
first reading Ordinance 96 -781 vacating portion of drainage and
utility easements at 411 -421 Second Street South and 29 -49 Sth Avenue
South.
Overview.
Certain utility and drainage easements were dedicated as part of the
original Town Terrace plat. In the past, two buildings were erected on
the Town Terrace site over parts of these easements. Neither the City
nor the developer had taken steps to vacate the easements. The current
owner is now in the process of mortgage refinancing and HUD officials
are demanding vacation procedures as a condition of refinancing. There
are no utilities of record inside the easements under the buildings.
Minnegasco has attached a condition to this vacation, the condition
related to the recording of another utility easement not germane to
0 this matter.
Primary Issues to Consider.
Staff recommendation
Staff recommends adoption of Resolution 96 -6 making findings of fact
and approving the vacation request, contingent upon satisfaction of
the Minnegasco condition.
Supporting Information.
o Letter of request
o Drawings and descriptions
o Minnegasco letter of condition
o Resolution 96 -6
o Ordinance 96 -781
s Gessele
Engineering Superintendent
1 0
FIRST READING
VACATION OF UTILITY EASEMENT
TOWN TERRACE APARTMENTS
Council Report 96 -16
January 8, 1996
Mason Properties
1589 Highway 7
Suite 203
Hopkins. Minnesota 55305
(612) 931 -9181 FAX:(612) 938 -8234
REAL ESTATE INVESTMENT AND DEVELOPMENT • PROPERTY MANAGEMENT
City of Hopkins
Engineering Department
1010 - 1st Street South
Hopkins, Minnesota 55343
Town Terrace is an apartment project consisting of 7 apartment buildings,
a recreational /office building and a swimming pool located on the corner
of County Road 3 and 5th Avenue South.
Drainage and utility easements were created when the plat was filed. We
are refinancing the property and since two of the buildings were built
on the drainage and utility easement areas we have to get those easement
areas under the buildings vacated before we can complete the new mortgage.
There are no utilities located in the easement areas under the buildings.
The drainage and utility easement on rear of Lot 6 should not have been
created because the building there was always part of the original plan.
Lot 4 was originally left vacant because we thought it would be some type
of commercial use. Circumstances changed and we decided to build another
multiple dwelling unit. We drew the building to cover parts of Lots 3,
4 and 5 but the drainage and utility easements were not vacated at the time
Minnegasco has vacated their easement and NSP is in the process of doing so.
We need the City of Hopkins to vacate the easements as described on the
attached surveys.
Sincerely,
6 4-14-4)2 4 0e1)
Donald F. Hagen
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James Gessele
Engineering Superintendent
City of Hopkins
1010 First Street South
Hopkins, MN. 55343
RE: Vacation of Utility Easements
Plat of Town Terrace
Dear Mr. Gessele
Minnegasco®
A MeraiY1 ENERGY COMPANY
January 25, 1996
With reference to the proposed vacation mentioned above,
Minnegasco currently has a natural gas main installed in the plat
of Town Terrace.
Minnegasco's facilities are covered by an easement recorded on
February 27, 1964, as document 759680, Registrar of Titles,
Hennepin County.
In November, 1995 Minnegasco received a new easement from the
current owners to cover the existing gas main that was relocated
in 1967, across Lot 3, Block 1, Town Terrace. A partial release
of easement was also executed to release the old easement across
Lot 3.
However, when attempting to record these documents I was informed
by the Registrar of Titles that a document must be prepared and
recorded relating to Donald Perkl's change of spouse from
Rosemary to Charlaine. In addition, another document must also
be memorialized relating to the death of Herbert Mason.
To date, these documents have not been recorded.
Therefore, to insure the above memorials are recorded with
Hennepin County to allow Minnegasco to record the new easement
and partial release of easement, Minnegasco wishes to place a
condition on this proposed vacation that the above memorials jag
recorded with the Hennepin County Registrar of Titles on
Certificate of Title number 425402.
Please keep me informed and if you have any questions please call
me at 321 -5381.
pc: Bonnie LaBeau, Mason Properties
ass
700 West Linden Avenue
PS). Box 1105
Sincerely,
Seven Von Bargee
Real Estate Specialist
Minnegasco
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96 -6
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VACATION OF
DRAINAGE AND UTILITY EASEMENTS AT 411 -421 2nd STREET SOUTH, 29 -49
5th AVENUE SOUTH
Whereas, certain drainage and utility easements were created with
the Town Terrace plat, and
Whereas, buildings at Town Terrace Apartments have been erected
over parts of these easements, and
Whereas, no utilities have been found located in the easements
under the buildings, and
Whereas, the utility and drainage easements to be vacated,
drawings and descriptions thereof attached, are not needed
by the City or the public utility companies, and
Whereas, vacation of the easements is necessary for the owner to
complete mortgage refinancing,
NOW, THEREFORE, BE IT RESOLVED that parts of drainage and utility
easements at Town Terrace Apartments, such easements as
described in the attached Exhibit A, are hereby vacated.
Adopted this 20th day of February 1996.
ATTEST:
James A.Genellie, City Clerk
Charles D.Redepenning, Mayor
Also,
Also,
Also,
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE No: 96 -781
AN ORDINANCE VACATING UTILITY EASEMENTS AT 411 -421 SECOND STREET
SOUTH, 29 -49 FIFTH AVENUE SOUTH.
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
Those certain utility easements as hereinafter described in
favor of the City of Hopkins are hereby vacated:
Those particular drainage and utility easements, originally
dedicated in the recorded plat of TOWN TERRACE, and now to
be vacated, which lie within those parts of Lots 2 and 6,
Block 1 in said plat, embraced within a 20.00 foot wide
strip lying southwesterly of and adjoining the northeasterly
line of said Lot 6. The northeasterly line of said strip is
described as follows:
Commencing at the most northerly corner of said Lot 6;
thence southeasterly along the northeasterly line of
said Lot 6 a distance of 7.00 feet to the point of
beginning of the line to be described; thence continue
southeasterly along said northeasterly line a distance of
108.50 feet and said line there terminating.
That part of the utility and drainage easement, originally
dedicated in the recorded plat of TOWN TERRACE, and now to be
vacated, which lies within Lot 3, Block 1 in said plat, lying
east of the westerly 51.00 feet of said Block 1, as measured at a
right angle to and parallel with the west line of said Block 1.
That part of the utility and drainage easement, originally
dedicated in the recorded plat of TOWN TERRACE, and now to be
vacated, which lies within Lot 4, Block 1 in said plat, lying
east of the westerly 38.00 feet of said Block 1, as measured at a
right angle to and parallel with the west line of said Block 1,
and northwesterly of the southeasterly 53.00 feet of said Block
1, as measured at a right angle to and parallel with the
southeasterly line of said Block 1.
That part of the utility and drainage easement, originally
dedicated in the recorded plat of TOWN TERRACE, and now to be
vacated, which lies within Lot 5, Block 1 in said plat, lying
northwesterly of the southeasterly 62.00 feet of said Block 1, as
measured at a right angle to and parallel with the southeasterly
line of said Block 1.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
James A.Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Date
February 6, 1996
February 20, 1996
February 28, 1996
March 19, 1996
Charles D.Redepenning, Mayor