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Vacate Utility & Drainage Easements I '_t T C ITY Op January 19, 2005 N P K i NS Planning Report VACO5 -1 VACATE UTILITY AND DRAINAGE EASEMENTS Proposed Action. Staff recommends the following motion: Move to adopt Resolution RZ05 -1, recommending approval of Ordinance 05 -939, approving the vacation of utility and drainage easements for the Parkview Office. Addition plat. Overview. 33 Tenth Avenue and 50 Ninth were re- platted in 1999 as Parkview Office Addition. The plat was approved without drainage and utility easements. When the plat was signed the surveyor added drainage and utility easements to the entire plat including where the buildings are located. The drainage and utility easements are not needed where the buildings are located. This vacation will remove the utility and drainage easements where the buildings are located. Pr Issues to Consider. 411) What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? I Are the easements needed? What is the staff recommendation for the vacation? What were the responses from the utility companies regarding the vacation? j Supporting Documents. Analysis of Issues Survey Resolution RZ05 -1 Ordinance 05 -939 ek Nanc Anderson, AICP Planner Financial Impact: N/A Budgeted: Y/N Source: 410 Related Documents (CIP, ERP, etc.): Notes: VACO5 -.1 Page 2 Primary Issues to Consider. What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is B -2, General Business. The Comprehensive Plan has designated the site as commercial. Are the easements needed? The drainage and utility easements where the buildings are located are not needed because there is a building on the easements. Easements will remain in the locations where the building is not abutting the property line. What is the staff recommendation for the vacation? Staff is recommending approval of the vacation of the easements. Alternatives. 1. Recommend approval of the vacation of the alley. By recommending approval of the vacation, the City Council will consider a recommendation of approval. Recommend denial of the vacation of the alley. By recommending denial of the vacation, 2. Re Y Y g the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. .i NOR THWEST CORNER OF LOT 1 I r- NOR TH LINE OF LOT 1 MOT cw,wncc a (MOW EASEMENT or T sE PLAT OF n POWWOW _or *MOON 0 j -3.30 o E LINE i SST I 1 I I 1 NI: o i 76.3 1 p 10.00 I 1 h ,C•44. W 4. N Q y ur A r. a a w 1, o s r r' L J I 1 o 1•" t. a raor mama s faun eAarar MR PEE eur ar ~MEW anon nroiw k y h /I N LINE OF THE SOUTH W w k j h 50 FEET OF LOT 2-- 2 o J 0 1.0C---,\1 y 2 1 S LINE OF THE NORTH ti` r "...X, 2 159 FEET OF LOT 1 10.00 I 10 TOOT oxAwa t UNITY EASEMENT PER 1 4,, J O O 7 1/2 stogy cavcR£rt Y f NC PEAT Cr ~MEW CAYCE maa I I ‘1, ‘4 4,‘' 4;1 3 c9 I. cs x 9 A lZ'Ju STN r I o SOUTH LINE OF LOT 2 5.50 1ST STREET SOUTH 4 ©1 DENOTES PROPOSED DRAINAGE UTILITY EASEMENT VACATION AREAS NO SCALE JANUARY 4, 2005 0� PACE FIIEEILDWORK EASEMENT VACATION EXHIBIT FOR: EGAN, FIELD, NOWAK, INC. DRAM BY PLATINUM 1. E F I MM "SURVEYORS SINCE 1872" NO NAME: k9 PROPERTIES N 741 HON (952) 546-683 39 x JOB N0. 31734Y. Ecx o WEB: EFNSURVEI'.COM FILE NO. 1858 L.J.N. ca•T G T o arcs 8. rcw. FU NOW AK. em SHFET 1 OF 1 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ05 -1 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF THE VACATION UTILITY AND DRAINAGE EASEMENTS WHEREAS, an application for Vacation VACO5 -1 has been made by Jeff Hagen; WHEREAS, the procedural history of the application is as follows: 1. That an application for a vacation of the alley was made by Jeff Hagen on January 5, 2005; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on January 25, 2005: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the easements to be vacated is as follows: That part of the south 10.00 feet of the east 80.00 feet, and the east 10.00 feet of the south 50.00 feet, all in Lot 2, Block 1, said Parkview Office Addition lying west of a line described as beginning at a point on the south line of said Lot 2, distant 5.5 feet west of the southeast corner thereof; thence northerly to a point on the north line of said south 50.00 feet, distant 5.00 feet west the east line of said Lot 2 said line there terminating. And: That part of the east 4.00 feet of the west 10.00 feet of the north 159.00 feet, and the east 70.30 feet of the west 76.30 feet of the north 5.00 feet, all in Lot 1, Block 1, said Parkview Office Addition lying south of a line described as beginning at a point on the west line of said Lot 1, distant 4.00 feet south of the northwest corner thereof; thence easterly to a point on the east line of said west 76.30 feet, distant 3.3 feet south of the north line of said Lot 1 said line there terminating. NOW, THEREFORE, BE IT RESOLVED that the application for Vacation VACO5 -1 is hereby recommended for approval based on the following Findings of Fact: 1. That the above described easements are not needed for a public purpose. Adopted this 25th day of January 2005. Mary Hatcher, Chair CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2005-939 ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the following described area of the following drainage and utility easement in the City of Hopkins, namely: That part of the drainage and utility easements dedicated in PARKVIEW OFFICE ADDITION, according to the recorded plat thereof and situated in Hennepin County, Minnesota described as follows: That part of the south 10.00 feet of the east 80.00 feet, and the east 10.00 feet of the south 50.00 feet, all in Lot 2, Block 1, said PARKVIEW OFFICE ADDITION lying west of a line described as beginning at a point on the south line of said Lot 2, distant 5.5 feet west of the southeast corner thereof; thence northerly to a point on the north line of said south 50.00 feet distant 5.00 feet west of east line of said Lot 2 and said line there terminating. And: That part of the east 4.00 feet of the west 10.00 feet of the north 159.00 feet, and the east 70.30 feet of the west 76.30 feet of the north 5.00 feet, all in Lot 1, Block 1, said PARKVIEW OFFICE ADDITION lying south of a line described as beginning at appoint of the west line of said Lot 1, distant 4.00 feet south of the northwest corner thereof; thence easterly to a point on the east line of said west 76.30 feet, distant 3.3 feet south of the north line of said Lot 1 and said line there terminating. be vacated as a drainage and utility easements. First Reading: February 1, 2005 Second Reading: February 15, 2005 Date of Publication: February 24, 2005 Date Ordinance Takes Effect: February 24, 2005 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date r