Vacation of Street-Red Owl Stores Inc.• June 20 1988
Proposed Action.
Staff recommends the following motion: Move that the vacation of a six
inch strip along the vacated Adams Avenue is approved by Resolution
88-58.
Approval of this motion will allow the applicant to clean up
discrepancy in the legal description in the original vacation.
Overview.
The vacation of Adams Avenue was approved on July 19, 1977. A recent
survey of the Red Owl site showed that not all of the right -of -way was
vacated. A six inch strip of property still designated as street
right -of -way exists between the property line and the vacated street.
This was probably an error in the legal description. Red Owl is
asking to vacate this strip to avoid any future problems.
Issues to Consider.
- Is there a benefit to the public to retain this six inch
strip of land?
Supporting Documents.
Location Map
- Detailed Background
- Resolution
Nancy . Anderson
Commun ty Development
Analyst
VACATION OF STREET - RED OWL STORES
Adams Avenue North
Planning Report: VAC88 -1
VAC88 -1
Page 2
Detailed Background.
Red Owl will have to get a Quit Claim Deed from the County to obtain
title to the westerly 1/2 of the vacated 6 inch strip.
Following the vacation it will be the responsibility of the interested
parties to apply for title.
Analysis.
- Is there a benefit to the public to retain this six inch strip?
This essentially is a housekeeping task. There is no effect to the
City or public with this vacation. It appears that there was an error
in the legal description when Adams was vacated which has gone
unnoticed.
Alternatives.
1. Approve the vacation. By granting this vacation Red Owl
will have title to the property.
2. Deny the vacation. By denying this vacation the City
will have a six inch right -of -way strip which serves no
public purpose.
3. Continue for further information. If the Commission feels
that more information is needed, the item should be
continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 88 -58
RESOLUTION MAKING FINDINGS OF ACT AND APPROVING
VACATION OF SIX INCH STRIP OF ADAMS AVENUE
WHEREAS, an application for Vacation of a six inch
strip of Adams Avenue right-of-way entitled VAC88 -1 made by
Red Owl Stores, Inc. is approved.
WHEREAS, the procedural history of the application
is as follows:
1. That an application for Vacation VAC88 -1 was
filed with the City of Hopkins on June 13,
1988.
2. That the Hopkins Planning Commission reviewed
such application on June 28, 1988.
3. That the Hopkins Planning, pursuant to
published and mailed notices, held a public
hearing on June 28, 1988; all persons present
at the hearing were given an opportunity to be
heard.
4. That the written comments and analysis of the
City Staff and the Planning Commission were
considered.
NOW THEREFORE BF IT RESOLVED, that the Hopkins
City Council makes the following Findings of FAct in respect
to VAC88 -1:
1. That the land requested for vacation is not
needed for public use.
2. That the vacated land is presently not used by
the public.
Adopted this 5th day of July, 1988.
Donald J. Hilbert, Mayor