CR 96-18 Title Transfer And Easement Acquisition - Hopkins PlazaJanuary 31, 1996
TITLE TRANSFER AND EASEMENT ACQUISITION
HOPKINS PLAZA APARTMENTS
Jam Gessele, Engineering Superintendent
Council Report: 96 -18
Proposed Action.
Staff recommends adoption of the following motion: "Move that Council
a Resolut o 96 -7 Res•lutio Aut •rizi • T ansfe of Tit e to
Certain City Property Adiacent to Hopkins Plaza Apartments."
Overview.
In 1991 the City undertook a storm sewer project at the former Bursch
Restaurant site to foster development capabilities of the property.
The improvement project entailed substantial rerouting and upgrading
of existing storm sewer pipes. The final and key element of the
project was to install a connection between the catch basin at the
southeast corner of the restaurant and the storm sewer in 8th Avenue
South, essentially along the south edge of the Bursch property. Upon
completion of that element a rather large but design deficient pipe
located in the alley behind the restaurant could be abandoned. A
movie theater proposal for that site never materialized and
consequently the final storm sewer connection was not made. The site
has now been redeveloped and the City finds itself in a position to
make the storm drainage upgrade, however with modified pipe routing
through adjacent property at Hopkins Plaza. This report concerns some
City property transfer to the owner of Hopkins Plaza and in return
acquiring a drainage easement on their property as consideration.
Primary Issues to Consider.
o Routing of a proposed storm sewer system
o Nature of City property to be transferred
o City Charter requirements
o Staff recommendation
Supporting Information.
o Location map
o Quit claim deed to Hopkins Plaza
o Draft quit claim to the City
o Resolution 96 -7
Council Report: 96 -18
Page 2
Analysis of Issues
o Routing of proposed storm sewer system
The former Bursch site, now owned by Dale Lommen, is undergoing
remodeling changes. Staff at one time was confident that
redevelopment would mean abandoning the basement storage at the
very south edge of the building and a storm sewer could be
located there to make a connection to 8th Avenue South. Mr.
Locomen has made the basement storage a key element of his
business, and staff's options for a storm sewer route have had to
focus on adjoining Hopkins Plaza property. Mr. Lommen has added
an addition to the building next to the north /south alley that
simply lies too close to an in -place storm sewer. This has
prompted staff to seek an alternate route for storm drainage, on
adjacent property at Hopkins Plaza. A conceptual storm sewer
alignment would involve connection to an existing catch basin at
the southeast corner of the Lommen building, installing pipe
southward for a short distance, and then installing additional
pipe by underground boring and open trench methods to a point of
connection with storm sewer in 8th Avenue South.
o Nature of City property to be transferred
The City is owner of a 15 foot strip of property adjoining the
Hopkins Plaza. This strip of land currently serves as a driveway
access to Hopkins Plaza underground parking garage units. The
City does no maintenance on this strip. Apparently the only City
interest in this parcel is the storm sewer facility located
there. Staff is confident City ownership is not necessary and
that a storm sewer easement would suffice in meeting City
interests.
o City Charter requirements
Staff is proposing transferring title of the 15 foot strip of
property to Hopkins Plaza. The charter requires disposal of City
owned land contingent on consideration. Staff has proposed that
title be transferred in lieu of Hopkins Plaza granting a storm
sewer easement over their property immediately south of the
Lommen property. The City Attorney advises that such a "swap"
meets the test of consideration.
o Staff recommendation
Staff recommends adoption of Resolution 96 -7 authorizing transfer
of property to Hopkins Plaza with a provision for a storm sewer
easement over the same, such transfer contingent on Hopkins Plaza
granting an additional storm sewer easement over other parts of
their property.
wins 3fN3AV HI
�® Farm NS. 31 -M— QUIT CLAIM Mb Minnesota Untimm Conveyancing Blake (1978)
Corporation or Partnership to
Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No
19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON:
Date: , 19�
FOR VALUABLE CONSIDERATION, Cit)of Hopkins„„ mnnicioal corpor
xa:a.x under the laws of
Minnesota Grantor, hereby conveys and quitclaims to
Hopkins Plaza
, Grantee, a
limited bartneesbjp under the laws of Minnesota real property in
Hennepin County Minnesota, described as follows:
The North 15 feet of Lot 11, Block 3 "West Minneapolis" according to the
recorded plat thereof.
Subject to a reservation in favor of Grantor of an easement for storm
sewer purposes over, across and upon said premises described above
including right of entry for repair, replacement and maintenance of said
storm sewer system.
(if MOM space is needed, onetime on back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF Hennepin
The foregoing instrument was acknowledged before me this day of 19
by Charles D. Resiepenning and T f• T 1
the Mayor and City Clerk
of City of Hopkins amunicioa orooration
under the laws of Minnesota on behalf of the tit n is_ )
i y _____g_ z nrat i nn
NOTARIAL STAMP OR SEAL (OP On19R 11TLE OR RANK)
jIo5 W STRUMGY9 WAS DRATTED SY yNAME AND ADDRESS)
Vesely, Miller & Steiner, P.A.
400 Norwest Bank Building
1011 First. Street South
Hopkins, MN 55343
(reserved for recording data)
CITY OF HOPKINS
Miller - Davis Co., St. Paul
By
Its Mayor
By
its City Clerk
SIGNATURE OF PERSON TAAKR4O ACKNOWLECGMF T
Tax Statements for the real property described in this instrument ehcsdd
be Teti to (include name and address of Grants):
Form No. 31.M —QUIT CLAIM DEED Minnesota Uniform Conveyancing alenke (197B)
Corporation or Partnership
to Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
.19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date: 19
STATE OF MINNESOTA
COUNTY OF'
: \Ills Ilred Inx Slnn
Hennepin
f
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS),
Vesely, Miller & Steiner, P.A.
400 Norwest Bank Building
1011 First Street South
Hopkins, MN 55343
er -OnI, Co.. MMneepolls
(reserved for recording data)
FOR VALUABLE CONSIDERATION, City of Hopkins
a muni�inal corpora t i oratder the laws of
Minnesota , Grantor, hereby conveys and quitclaims to
Hopkins Plaza
a limited partnership_ under the laws of MinneGpra , real property in
Hennenin County, Minnesota, described as follows:
That part of the East one -half (1/2) of the vacated public alley in
Block 3 "West Minneapolis" lying between the westerly extension of
the north line of Lot 11 and the westerly extension of the south
line of the North 15 feet of said Lot 11, Block 3 "West
Minneapolis ".
Subject to a reservation in favor of Grantor of an easement for
storm sewer purposes over, across and upon said premises described
above including right of entry for repair, replacement and
maintenance of said storm sewer system.
to move apace Is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
CITY OF HOPKINS
By
By
Its
Mayor
its City Clerk
,Grantee,
The foregoing was acknowledged before me thle day of , _ 19 ,
m
by Charles D. Redepennina end Jam l I;
the Mayor and City Clerk
of City of Hopkins a municipal corporation
under the laws of .Minnesota on behalf of the municipal corporation
.
MOLAR /AL STAMP OR SEAL (OR OTHER TITLE OR RANK/
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tex Statement( for the teal property described In this Instrument shoals
be sent to (Include none and addren of Otaatee):
Form Ne. ELM — WIT CLAIM DEED Minnesota Uniform Conveyancing Blanks (19Th) MWer-tht Co. Mrnoeo olio
Corporation or Partnership
to Corporation Or Partnership
No delinquent taxes and transfer enterid; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No
,19
by
County Auditor
Deputy
STATE DEED TAX DUE (HEREON: $
Date: 19
FOR VALUABLE CONSIDERATION, Hopkins Plaza
a limited partnerchi p under the laws of
Minnesota , hereby conveys and quitclaims to
City o Hopkins ,Grantee.
a municipal corporation under the laws of M' - , real property in
Hennepin County, Minnesota, described as follows:
An easement to the City of Hopkins for storm sewer purposes over,
across and upon the following described premises including the
right of entry for construction, repair, replacement and
maintenance of said storm sewer system:
The West 75 feet of the North 20 feet of the South 30 feet of Lot
42, Block 3, and
The North 12 feet of the South 30 feet of said Lot 52 except the
West 75 feet thereof; and
1It mere specs h needed, eonttn.N en beck)
together with all hereditaments and appurtenances belonging thereto.
HOPKINS PLAZA
Vi'fim 1 )crd Tax '4b (lets
STATE OF MINNESOTA
COUNTY OF Hennepin
} as.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED aY (NAME AND ADDRESS)
Vesely, Miller & Steiner, P.A.
400 Norwest Bank Building
1011 First Street South
Hopkins, MN 55343
D
(reserved for recording data)
(continue on back)
By
Its
By
Its
The foregoing was acknowledged before me this day of , 19
b and
the and
of Hopkins Plaza ,a limited partnerehir�-
under the laws of Minnesota , on behalf of the limited na I - nerchi ____
MEASURE OP PERSON TARING ACRNOW LEDOMEN
be sent to (Ineludi n uoe m Yddnii e! Onneigin IRh Inatsummt aheuld
The West 5 feet of the South 17 feet of the North 32 feet of Lot
11, Block 3; and
That part of the East one -half (1/2) of the vacated public alley in
said Block 3 lying between the westerly extension of the south line
of the North 15 feet of said Lot 11 and the south line of the North
32 feet of said Lot 11; and
That part of the West one -half (1/2) of the vacated public alley in
said Block 3 lying between the easterly extension of the north line
of the South 30 feet of Lot 42 and the north line of the South 18
feet of said Lot 42.
All in "West Minneapolis" according to the recorded plat thereof.
•
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO 96 -7
A RESOLUTION CONVEYING A CERTAIN PARCEL TO HOPKINS PLAZA
AND SECURING FROM HOPKINS PLAZA CERTAIN EASEMENTS
FOR STORM SEWER UTILITY PURPOSES
WHEREAS, the City of Hopkins (the "City ") holds title to the
following described property:
The North 15 feet of Lot 11, Block 3, West
Minneapolis including that part of the East one -
half of the vacated public alley in Block 3 WEST
MINNEAPOLIS lying between the westerly extension
of the North line of Lot 11 and the westerly
extension of the South line of the North 15 feet
of said lot 11, Block 3 WEST MINNEAPOLIS.
WHEREAS, a storm sewer system is located in and upon
said parcel which also serves as a driveway access to the
underground parking garage units of Hopkins Plaza, and
WHEREAS, an existing storm sewer system of substantial
and inefficient design is found on adjacent property, said
storm sewer' is located too close to an existing
structure and to planned structures, and it is the City's
intent to re- design and re -route said storm sewer system
upon certain premises owned by Hopkins Plaza, and
WHEREAS, the City shall convey the parcel used for
access purposes by Hopkins Plaza in exchange for the grant
of utility easements for storm sewer purposes over certain
parcels owned by Hopkins Plaza,
Resolution No. 96 -7
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the following
actions be approved on the basis of the stated findings of
fact:
1. That the City be authorized and directed to convey
the following described premises to Hopkins Plaza:
The North 15 feet of Lot 11, Biock 3 WEST
MINNEAPOLIS together with that part of the East
one -half of the vacated public alley in said Block
3 lying between the westerly extension of the
North line of Lot 11 and the westerly extension of
the South line of the North 15 feet of said Lot
11, Biock 3 WEST MINNEAPOLIS.
Subject to a reservation in favor of City of
Hopkins of an easement for storm sewer purposes
over, across and upon said premises described
above including right of entry for repair,
replacement and maintenance of said storm sewer
system.
BE IT FURTHER RESOLVED, that the aforesaid conveyance
be and the same shall be conditioned upon a grant by Hopkins
Plaza to the City of an easement for storm sewer purposes
over, across and upon the following described premises
including right of entry for construction, repair,
replacement and maintenance of said storm sewer system:
An easement to the City of Hopkins for storm sewer
purposes over, across and upon the following
described premises including the right of entry
for construction, repair, replacement and
maintenance of said storm sewer system:
The West 75 feet of the North 20 feet of the South
30 feet of Lot 42, Block 3; and
The North 12 feet of the South 30 feet of said Lot
42 except the West 75 feet thereof; and
The West 5 feet of the South 17 feet of the North
32 feet of Lot 11, Block 3; and
Resolution No. 96 -7
Page 3
That part of the East one -half (1/2) of the
vacated public alley in said Block 3 lying between
the easterly extension of the north line of the
South 30 feet of Lot 42 and the north line of the
South 18 feet of said Lot 42.
All in WEST MINNEAPOLIS according to the recorded
plat thereof.
Adopted this 6th day of February 1996.
Attest:
James A Genellie, City Clerk
Charles D. Redepenning, Mayor