CR 88-204 Easement Vacation
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October 25, 1988
Council Report: 88-204
EASEMENT VACATION
st. Louis street at Jackson Avenue
This action will deed back to Red OWl Storesf Inc. easements that were
deeded to the City in 1948 and never used.
Ove~iew.
The southeasterly 20 feet of parts of Blocks 12 , 13, West Minneapolis
were deeded to the city in 1948 for street purposes. This property
has never been used for St. Louis street and in f~lct, is now fenced
off and has been for many years.
st. Louis Sweet has now been improved within the 60 foot right-of-
way. No need is seen for the 20 foot easement in the future. Red Owl
has requested that the eas.-ent be vacated.
Primary Issue. to Con,iaer.
o Should the easement be vacated?
This portion of BlOcks 12 & ,13 has not been used for 40
years and there are no plans to use for street purposes.
o How should the easement be vacated?
The City Attorney advises that a Resolution passed by
Council majority would be adequate.
~orting Information:
o Map of area '
o Letter from Red Owl Stores, Inc.
o Memo from City Attorney
o Copy of Minn. Statutes 412.851
o Copy of Hopkins Charter Section 12.06
~o Resolution No: 88-92
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rdon P. Anderson
irector of Engineering
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C I T Y
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HOPKINS
MEMO
Date: January 21, 1988
To: Gordon Anderson
From: Jerre Miller
Re: Vacating of streets or Alleys
In connection with your question concerning the appropriate
procedure to vacate streets or alleys, I enclose a copy of M. S~
412.851 which allows the council by resolution to vacate any
street, alley or public way on its own motion or on petition of a
, majority of the owners whose land abutts said public way. The
','. rttsolution may be adopted only by 4/5 ths vote unless it is by
, '" "petition. ..
I have enclosed a copy of that statute for your review~
Section 12.96 of the Hopkins Charter provides no street or other
thoroughfare in the City may be vacated except by Ordinance
approved by 4/Sths vote of the Council. A copy of this section is
also attached for your review.
Neither have language pertaining to easements, so my opinion would
be vacation of easements or an og less than public ways may be
terminated by resolution pass~ y a major i ty of the Council ~
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1010 First Street South, Hopkins. Minnesota 55343 612/935-8474
An Equal Opportunity Employer
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CITY OF HOPKINS
Hennepin County, Minne80ta
RESOLUTION NO: 88-92
RESOLUTION VACATING EASEMENTS ON
PORTIONS OF BLOCKS 12 ~ 13, WEST MINNEAPOLIS C&NTBR
WHEREAS, an easement tor public bl~hway purposes
over the nortbeasterly 20 feet of Blocks 12 & 13, West
Minneapolis vas granted in 1948, and
WHEREAS, no ~1ghvay
constructed on that easement, and
or
roadway
vatJ
eVfjr
WHEREAS, DO plans are in etreot to utilize that
easement in the future, and
WHEREAS, the preaen t fee owner, Red Owl Stores I
Ino., have used the la,nd and are using the land and have
fenced it tor .any years.
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HOW, THEREFORE, BE IT RESOLVED, oy tbe City
Council of the City ot Hopkins, M1~nesota, that the 20 toot
eaaement over the northeasterly portion of Blocks 12 & '3,
West Minneapolis are hereby vaoated and tbat the City Mayor
and Manager are authorized to sign a Quit Claim Deed to Red
Owl Stores, Inc.
Adopted by the City Council ot the City of
Hopkins, Minnesota this 1st da7 of Noveaber, 1988.
JAMES A. GEMELLIE,
City Clerk
DONALD J. MILBERT,
Kayor
JERRE HILLER,
City Attorney
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