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Letter from Opus- Vacted LotsOPUS CORPORATION DES BUILDERS DEVE Mr. William Craig City Manager City of Hopkins 101 South First Street Hopkins, Minn. 55343 Re: Ordinance No. 82 -517 Dear Mr. Craig: This letter is written in connection with the letter sent to you by Robert A. Worthington, our Director of Planning and Governmental Affairs, on October 4, 1983, wherein he asked that the captioned Ordinance of the Hop- kins City Council be amended with respect to the legal description contained in Section 2 thereof. This amendment is necessary because Section 2 purports to vacate the platted lots contained in Blocks 1 and 2 in the Plat of Davison's Addition to West Minneapolis, which action is beyond the scope of authority of the City Council of Hopkins. Minnesota Statutes, Section 505.14, estab- lishes the procedure for vacating a recorded plat, and said Section 505.14 vests the authority to order such vacation specifically and solely in the District Court of the State of Minnesota which has jurisdiction over the real property which has been so platted. Accordingly, Ordinance 82 -517 needs to be amended at said Section 2 so that only the alleys and streets previously described therein are the subjects of this vacation action by the City of Hopkins. For your information, Opus Corporation, on behalf of the fee owner of the subject property, is in the process of bringing an action In Proceedings Subsequent before the Examiner of Titles, sitting as Referee for the Henne- pin County District Court, for the purpose of obtaining the Order required by said Section 505.14. We will then file a certified copy of that Order_ with the Hennepin County Auditor and record the same with the Hennepin County Recorder and Hennepin County Registrar of Titles, all as is provided for in said Statute, and then we will be in a position to file the final Plat of Opus 2 Ninth Addition for public record. If I can provide you with any additional information which will assist you in carrying out the action requested in Mr. Worthington's letter to you of October 4, please do not hesitate to contact me at 936 -4490. MLK /ia cc: Mr. Robert Worthington October 7, 1983 Yours very truly, Marc L. Kruger Att rney MINNEAPOLIS CHICAGO PHOENIX MILWAUKEE EXECUTIVE OFFICES 900 OPUS CENTER 9900 BREN ROAD EAST PO BOX 150 MINNEAPOL6 MNMIESOTA SS440 1612) 936 1444 (Official 1 abtta(I.ai CITY OF HOPKINS HENNEPiN COUNTY. MINNESOTA ORDINANCE MO. 11417 AN RDINANCE AMENDING THAT PART OF HOPKiNS ZONING RDINANCE NO. 417 PERTAINING TO AHD CNANGING THE ZONING OF THE EAST HALF or THE SOUTHWEST QUARTER OF SECTION U. TO WNSHIP 117. RANGE rx. AND LOTS 1.3. INCLUSIVE or BLOCKS 1 AND 1. DAVISON'S ADDITION TO WEST MINNEAPOLIS AND ALSO A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION U. TOWNSHIP 117. RANGE tl; AND ALSO VACATING PLAT. STREETS. AND ALLEYS THEREIN BE IT ORDAINED by the City Council .f the City of Hopkins as follows: That Hopkins Zonis Or- dinance No. 4271. hereby amended as follows: SECTION 1: That the present pro- visions regarding the soma/ Uses for the following promises are hereby repealed and there Is hereby enacted and adopted is lieu thereof the follow- ing zoning uses le sald locstles.: a. East half of the Southwest Quar- ter of the Southweat,Quarter of Section 23. Township 117.1tange 22; sad all of Lets 1 to 30 In- clusive. Bleek 1. and Lwts 1 Vs 30 Inclusive. Bleck 2. Davison'{ Ad- ditloa to West Minnespolls In- cluding the vacated alleys and 12th and 13th Aveeula lo said Weck are hereby rezoned from Rd th 11.4 P.U.D. (Pleased Ualt Development uses. b. That part of the North half of the Northwest Quarter of Section 10. Township 117. Range 11. de- scribed as follows: Commencing at a point In the South line of said North half distant 1214.3 feet West of the Southeast comer of said North half; thence at right angles North distance of 2o0 feet; thence at right eagles Wed to the center line of eenepla County State Aid Highway He. le: .thence .Northerly along the tenter lino of said Hennepin County State Aid Highway No.ls to the North Rae et said Settioe If; thence East aloag avid North .ectlea line tr a. potat which lay determined; by the extension Northerly of die Westerly bound- ary line o6 VapBurea Avenue: thence Southwestedy along said extension line.if VsaBuren Ave- nue and of the Westerly line of VaoBuren Abenuoi.te. Its ex- tension with the South line of said North .half of the-►Northwe.t Quarter;. thence West•plong said South line el said North half of the' Northwest Quarter' lo the potat of .beginning. are .hereby rezoned from.B -.l to R -2 uses. SECTION t:?That .Blocks 1 and 2. Devisee's 'Addition te.West Minim. spells Including the- alleys. la said Blocks and lndudiag that part of 12th and Avenues .aid plat wkleh Ile between the.aeyth.11ondary Inc I of loth, Street .Soytk, and the north boundary line .(.11th.SFreet South In said Davisoa.s Addition are hereby vacated. 'SECTION 2: the presently existing Hopkins Zoning map adopted as part of Hopkins Zoning Ordinance No.: 427 ic hereby. moulded and changed In ,accordancc•tiwlth the above previsions. First read ak at regular meeting of the City Council gibe City of Hopkins held Augusri 1162. andlinaily read. approved. adopted and ordered pub- lished at a special meeting of said Council of said City on August 31. 15412.