CR 91-220 Vacation Easements - 1120 2nd St SOctober 10, 1991
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Council Report 91 -220
VACATION OF EASEMENTS - 1120 2ND STREET SOUTH
Proposed Action
Staff recommends the following motion: Move to approve
Resolutions 91 -123 and 91 -124 approving for- first reading
Ordinance 91 -696 and Ordinance 91 -697 respectively to vacate
utility easements at 1120 2nd Street S.
overview
Holiday Companies is proposing to construct a new gas
station on the southwest corner of County Road 3 and 11th
Avenue. There are currently two utility easements on this
property that will have to be vacated prior to construction.
One easement is a storm sewer easement that runs east and
west. Although the easement exists, the actual storm sewer
pipe is not located in the easement. The storm sewer is
actually several feet to the north of the easement.
However, the proposed building is located partially within
this easement.
The second easement. is a sanitary sewer easement that runs
north and south on the east side of the property. This
easement does not have a sanitary sewer in the easement and
is not necessary to accommodate a future sanitary sewer.
Primary Issues to.Consider.
o Are the easements needed?
o Will any new easements be needed?
Supporting Documents
• Analysis of Issues
• Site Plan
• Resolution 91 -123
• Resolution 91 -124
• Ordinance 91 -696
• Ordinance 91 -697
Nancy . Anderson
Planri#r
CR91 -220
Page 2
Primary Issues to Consider.
o Are the easements needed?
The existing easements do not have any utilities contained
within the easements and are not necessary for future
utilities.
o Are any new utility easements needed?
A new easement will be required for the existing storm sewer
that runs east /west on the property. This requirement for
the new easement was a condition for the approval of the
conditional use permit.
Alternatives.
1. Approve the resolutions to approve the ordinances to
vacate the utility easements at 1120 2nd Street
South.
2. Deny the resolutions to approve the ordinances to
vacate the utility easements at 1120 2nd Street
South.
3. Continue for further information. If the Council
indicates that further information is needed, the
item should be continued.
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'CATION: H O P K I N S, MN
iEET TITLE: SITE PLAN
'ALE DRAWN BY DATE DRAWING NO.
1 " =20' —O" J.D.G. 8/22/91 ;7
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91 -123
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN APPLICATION FOR VACATION OF UTILITY EASEMENTS VAC: 91 -3
WHEREAS, an application by Holiday Stationstores to.vacate
a utility easement at 11202nd Street S. is hereby
approved.
WHEREAS, the procedural history of the vacation is as
follows: _
1. That the application for the vacation was filed
with the City of Hopkins on September 26, 1991.
2. That the Hopkins City Council reviewed such
application on October 15, 1991.
30 That the Hopkins City Council, pursuant to
published and mailed notices, held a public
hearing on October 15, 1991; all persons present
at the hearing were given an opportunity to be
heard.
4. That the written comments and analysis of the City
staff were considered.
NOW, THEREFORE, BE IT RESOLVED, that application for VAC:
91 -3 is hereby approved subject to the following
Findings of Fact:
1. That the storm sewer easement is not needed.
Adopted this 15th day of October, 1991.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91 -124
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN APPLICATION FOR VACATION OF UTILITY EASEMENTS VAC 91 -3
WHEREAS, an application by Holiday Stationstores to vacate
a utility easement at 1120 2nd Street S. is hereby
approved.
WHEREAS, the procedural history of the vacation is as
follows:
1. That the application for the vacation was filed
with the City of Hopkins on September 26, 1991.
2. That the Hopkins City Council reviewed such
application on October 15, 1991.
3. That the Hopkins City Council, pursuant to
published and mailed notices, held a public
hearing on October 15, 1991; all persons present
at the hearing were given an opportunity to be
heard.
4. That the written comments and analysis of the City
staff were considered.
NOW, THEREFORE, BE IT RESOLVED, that application for VAC:
91 -124 is hereby approved subject to the following
Findings of Fact:
1. That the sanitary sewer easement is not needed..
Adopted this 15th day of October, 1991.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 91 -696
ORDINANCE VACATING A UTILITY EASEMENT IN TRACTS A, B 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 described 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, C, D, E, F, and I, Registered
Land Survey No. 1316, which lie within the South 20
feet of the North 100 feet of said Registered Land
Survey
be and the same is hereby vacated as a public utility
easement.
First Reading:
Second - Reading:
Date of Publication:
Date Ordinance Takes Effect:
October 15, 1991
November 5, 1991
November 20, 1991
December 10, 1991
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 91 -697
ORDINANCE VACATING A UTILITY EASEMENT IN TRACTS A. B 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 described utility easement in
the following designated area of the City of Hopkins:
An easement for the installation, maintenance and
repair of a public sanitary sewer under, across and
upon that part of Tract A, Registered Land Survey No.
1316, lying Easterly of a line commencing at a point
distant 45 feet West of the Northeast corner of said
Tract A and proceeding thence Southeasterly to a point
which is distant 110 feet South of the North line and
15 feet West of the East line of said Tract A, and
under, across and upon the East 15 feet of that part of
said Tract A lying South of the North 110 feet thereof;
and the East 15 feet of Tract B, said Registered Land
Survey; and the most Easterly 15 feet of Tract E, said
Registered Land Survey
be and the same is hereby vacated as a
public utility
easement.
First Reading:
October
15,
1991
Second Reading:
November
5,
1991
Date of Publication:
November
20,
1991
Date Ordinance Takes Effect:
December
10,
1991
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk