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Home My WebLink About2006-12-05 VACATE SCENIC & OPEN SPACE EASEMENT, 7140 MARK TERR DRDoc No 4409582 07/26/2007 09:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 329910 New cert Cert 523906 1170068 1189354 Deputy 021 Fees $1.50 AF $10.50 STATEFEE $74.00 TDOCFEE $0.00 TSUR $86.00 Total NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF SCENIC AND OPEN SPACE EASEMENT PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on December 19, 2006, adopted a Resolution Vacating the scenic and open space easements after public hearing and notice thereof as required by law and after determining it to be in the best interest of the City and of the public that said scenic and open space easements vacation be made, which resolution ordered the vacation of the following described easement for public scenic and open space purposes: PROPOSED LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: Vacate scenic and open space easement from all those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. The time of completion of proceedings and the effective date of said vacation is 19th day of December 2006. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk ' Signed and sworn to b fore me, p Notary Public in and for the State of Minnesota, County of Hennepin, this _ day of 114 41z. , 2007. This document was drafted by: City of Edina 4801 West 50th Street Edina, MN 55424 4 4095 JANE M. TIMM Notary Public -Minnesota My commission Fxpl_ Jan 31. 21 Notary Public City of Edina April 10, 2007 Mr. Kelly Doonan Comcast 9075 Data Park Minnetonka, MN 55343 RE: Notice of Completion for Two Vacations - Apple Lane (Street) and 7140 Mark Terrace Drive (Scenic and Open Space Easement) Dear Kelly: I am sending copies notice of completion for the aforementioned vacations taking place in the City of Edina. The purpose of this notice is for your information only. No action is needed by your office. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, 04't - Debra MangenJ City Clerk Enclosures City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 City of Edina April 10, 2007 Mr. Steven Von Bargen Center Point/ Minnegasco P.O. Box 1165 Minneapolis, MN 55440-1165 RE: Notice of Completion for Two Vacations - Apple Lane (Street) and 7140 Mark Terrace Drive (Scenic and Open Space Easement) Dear Steven: I am sending copies notice of completion for the aforementioned vacations taking place in the City of Edina. The purpose of this notice is for your information only. No action is needed by your office. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, Kt &_Ico Ma4lt�lt--- Debra Mangen City Clerk Enclosures City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 www.cityofedina.com 952-927-8861 FAX 952-826-0390 TTY 952-826-0379 City of Edina April 10, 2007 Mr. Shawn Sandberg Qwest 2800 Wayzata Blvd. Minneapolis, MN 55405 RE: Notice of Completion for Two Vacations - Apple Lane (Street) and 7140 Mark Terrace Drive (Scenic and Open Space Easement) Dear Shawn: I am sending copies notice of completion for the aforementioned vacations taking place in the City of Edina. The purpose of this notice is for your information only. No action is needed by your office. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, Debra Mangen City Clerk Enclosures City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 City of Edina April 10, 2007 Ms. Kathy Blomquist Xcel Energy 414 Nicollet Mall - GO -7 Minneapolis, MN 55402 RE: Notice of Completion for Two Vacations - Apple Lane (Street) and 7140 Mark Terrace Drive (Scenic and Open Space Easement) Dear Kathy: I am sending copies notice of completion for the aforementioned vacations taking place in the City of Edina. The purpose of this notice is for your information only. No action is needed by your office. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, �Qd�L'Lq Kl�'t3ee-- Debra Mang en City Clerk Enclosures City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 WWW.cityofedina.com TTY 952-826-0379 O e ..:, � 42z City of Ed fla April 10, 2007 Mr. Roger N. Knutson Campbell Knutson 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 RE: Notice of Completion for Two Vacations — Apple Lane (Street) and 7140 Mark Terrace Drive (Scenic and Open Space Easement) Dear Roger: I am enclosing two copies of Notices of Completion for the aforementioned vacations. Please have the Notices of Completion entered in the transfer record of the county Auditor and filed with the County Recorder. I believe the County will return the documents to my office after the recording is complete. If you need further information, please call. Thank you for your cooperation. Sincerely, J Debra A. Mangen City Clerk Enclosures: (4) City Hall 952-927-8861 FAX 952-826-0390 4801 WEST 50TH STREET TTY 952-826-0379 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF SCENIC AND OPEN SPACE EASEMENT PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on December 19, 2006, adopted a Resolution Vacating the scenic and open space easements after public hearing and notice thereof as required by law and after determining it to be in the best interest of the City and of the public that said scenic and open space easements vacation be made, which resolution ordered the vacation of the following described easement for public scenic and open space purposes: PROPOSED LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: Vacate scenic and open space easement from all those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. The time of completion of proceedings and the effective date of said vacation is 19th day of December 2006. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk Signed and sworn tob fore me, Notary Public in and for the State of Minnesota, County of Hennepin, this �— day of �th, 2007. N , JOWN0 JANE M. TIMThis document was drafted by:taryPubhc-N{innesota_City of Edina My commission Expires 1an31,2o Notary Public 4801 West 50th Street Edina, MN 55424 �SiA,l� RESOLUCITON NO. 2006-116 o� e� VACATING SCENIC AND �y OPEN SPACE EASEMENT City of Edina WHEREAS, a motion of the City Council, on the 6th day of November, 2006, fixed a date for a public hearing on a proposed vacation of a Scenic and Open Space easement; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on December 19, 2006, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described Scenic and Open Space easement are hereby vacated effective as of December 19, 2006: LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: All those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Sta ted, ction 412.851. Passed and adopted this 19th day December, 2006. Attest WA2ge4n,ity, C k James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of December 19, 2006, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of200( , CitHall y Debra A. MangerO62� Q 1 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-.0379 O� Le F REPORT/RECOMMENDATION To: Mayor & City Council Agenda Item # II. A. Consent ❑ From: Cary Teague City Planner Information Only ❑ Date: December 19, 2006 Mgr. Recommends ❑ To HRA ❑ To Council Subject: Vacation of Scenic and Action ❑ Motion Open Space Easement — 7140 Mark Terrace Drive ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Staff recommends the Council vacate the Scenic and Open Space Easement as proposed. Information/Background: Richard Loyd, of 7140 Mark Terrace Drive is requesting the vacation of an existing 28 - foot wide scenic and open space easement along the back lot lines of 7030 Valley View Road, and 7140 and 7136 Mark Terrace Drive. (See page A5.) The applicant would like to remove an existing shed and fence, and install a wrought iron fence along his lot lines, within the easement area. (See existing shed and fence on page A8.) The effected adjacent property owners are in agreement with the vacation. (See signatures on page Al.) The purpose of the easement was to protect trees in this area when these lots were platted in the early 1970's. This easement specifically prohibits buildings and structures, including fences from being built within the easement. It also prohibits excavation, tree removal or alteration of the natural topography. (See language for the easement on pages A2—A4.) There are two homes that are primarily impacted by the easement. (See page A5.) Previous owners of both of these properties have disregarded the easement, and built a shed, installed retaining walls and put down mulch. (See pictures on pages A8—A10.) These activities have taken place with no complaints of adjacent property owners, and no significant tree removal The area still remains generally wooded. Primary Issue Is the proposed easement vacation reasonable? Yes. Staff believes the proposed vacation is reasonable for two reasons: 1. The purpose of the easement would be maintained. The large trees in the easement area have been preserved, despite a structure being built and under - story landscaping being planted, the area remains wooded, and with leaf on conditions, it is difficult to see adjacent properties. (See pages A7—A10.) The slopes within the easement would prevent any significant size structure from being built. It is not likely that property owners would remove the mature trees. 2. Removal of the existing shed and fence built in the easement, would visually improve the area. The applicant would like to build a wrought iron fence along the lot line. No trees would be removed with the construction of the fence. The applicant may in the future want to replace the shed with a gazebo, however, has no specific plans at this time. The goal at this time is to remove the shed and build the fence. 110"7 8_MC� AIM MER SPACE EASCMW MART TRIS DIDEifP0l . mode this IL- of 1973, between TO ITSIM irtlI"U SOWLS, a 'Urmasota corporation• fes agar. and :MU - It. Otto and BETH D. OTlo, husband sad wife, contract for deed purchasers, parties of the first part, tnd vILLAGI OF EAINA, a aunieipel corporation •uad+r the lava of the State of Ninassota. party of the second pa=t# triTm8S8hSiu: that the said parties of the first part, in consideration of One Dollar (81.00) sad other good and valuable consideration. Leesipt of vblah is hereby acknowledged. do hereby grant, bargain, gnttcla s md'convey unto the said party of the second part, its successors and assigns, yerover. a Scenic sad Open Space Ease zc an the teras hereinafter specified over the tract or parcel of land lying and being in the County of Semspia and State of :limeeete, described as follows, ts�vita 09—A 1, Ali those portions of Lots 2. 3 and 4.ABraierr Parc. aec•erdtal; to the plat thereof on file, sand of word In the office of the Registrar of Titieat'llsenspla County. Minnesota, lying itorthsestarly of a liae'drawn parallel with and 110 feet Northeasterly of the North- easterly TIgbt of way lana of Bart Te=st Drives as • shorn ee and dedicated by eeid plat of Brower PAea. (8aroinaftar called the Masmant Arse".) Tba purpose of this 5e4nic•sad open Space 3"assat is to ensure that the above described F,asemenc Area eheil at all time, avmia as open spew in its natural oonditloa. To aecasp2isb such purpose. parties of•the Bost part. for theassives and their rupsetive heirs. "Casasorsand wait%*. do hereby covenant sad agree as foliar: 1. Unless the express vrattaa approval of the village of *"*a and Jotas IL Otto, if living, to first bed and ronivaig a. No bedding or stractun of coy land or nature.: %Mtber parommt or tosipornry. iaeldding. bdt not listtod te, trot$$ or other typaF of b$re"ne shall bs erected or ENT9REp placed as say part of the Eassoant AMI I *14 b. its estevation shell be meds on any part of the !#natant E DIVIS-C,, Area, not shall any mod, soil or stoass be resaved there, sti• µe," from or saved. changed or altered there=. nor ebAli say alteration or clamp be node in Chs ostural tapogrmpby of the Easement Areal provided, however, that tares, Sumba sad plants say be planted on the Easesaat Area by the than owners of the reapeetive lots Above daserihadt XVd OT:60 9002/0T/0T C001M aelu83-Gxe� xviI CZ:80 900Z/OL/OL 900/C0010 Te.ilueo xej E i 110*3b7 10 NAVE AMD To Rm sm, Toptber with aU the bereditw!ats , and 'sDP4rt wnes tbsrames b&l&*iat or in suis* GMrtalaiop, to tbs 1 said party of the second part, its wcceseors end assipa. iaswer. 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"!fit r • 1 .r far•- 1, '�. - y �t 3 y b i t f % a1 c z i +. ` S �. � .� `� - ��_ i .t,, [,- ;�-.;„wf arc-*•• +k� r ' 1 , , .•az . . •i s � 11 }tom+ R �• ' � r ye{`jf^�' � • 1 �? ' V K t • i 3 n� x� 41-1 lk Al ��Yi �,� •"tib .•� n - ... � •tipti, ti ��' Yom. _ti:+. .. .. .�+v�. _ ' ... '- - ,.;q� .. ' :'.•...1+-.�. . - }`�� A . a` ,�: r s . � Y rt #� mss. -.. "" ,Ty ��t�a''�"'"' ��+r. y , 4. > #} .• -, 's .; • rat' d. ai, r t'. i.. r•1i• - 's ,. `r K ..� t,: It s • a` 4t• ok r� s .� � �� « /. .� ♦ t -. � - �, .,.,., r �, ��'��`'t'�`r ^.T� 4... �,�yq� ' $ sit~: .� t.'r C rt � • yy + i 1%a�C w w Ta r,t ��._ .-�`*;. .� f ��'fF� � , ,�k� ��~.�\ � �y*: � ! � �7�r l�f r` ' ��.`i �k,.•? a+ T ';1�...,,. y r Y �iIA a JIM - < Vt Ai ti - V ► r i lr! r ., - - ► #.err ! , � ' t , N �� r - ` 7± T. , ICA ,F J - Z' 4L ��tA (� �`�-- � m � 3j}� ...r' 4 hr. Y .`` y'y— �7�-,a,i^'� � .� '♦_ ,� �. _ r , � c ••' ... '� r t �f�.. tido � �'q''�, �.` tea► 11 ( ' • j �� / r+:d . ` rA � . t..' ;.:� � ! ir�r�� t ` � •' a-- .� •. L; l:''x ,� ei►.y�t ��'. ,d �� f :fi t•�!S Y per+_ - i}h Aft ki • � tin +w � ,. - • , h • �.• _ , r ,�► .. , Y.. i c .�� «' _ °A `� is n u r t. / /a.� f r e t • .F s t Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk. Dmangen@ci.edina.mmus): LOT S NO wqfc- p ,17 N YRIE �"'�11_11L E9 ,2-r�k,�4ST5.��./ fl � /� 1 _ _.. I1 _ � IA►ii fSo�y}y Does the area proposed to be vacated or an y part thereof terminate at or abut upon any public water? IC 0 t ❑ Yes bg� NoE-� Please note if the area requested to be vacated terminates at or abuts upon any public water, no vacation shall be made unless written notice of the petition is served by certified mail upon the commissioner of natural resources by the City of Edina thirty days before any Council action. Attach a copy of a scaled drawing showing in full detail the area proposed to be vacated. Include the vacation fee of $400.00 with your application. THE MINNESOTA DATA PRACTICES ACT requires requesting on this form. that we inform you of your rights about the private data we are Private data is available to you, this data to determine but not to the public. We are requesting Your eligibility for a license from the City of Edina. Providing the data may disclose information that could cause your application to be denied. You are not legally required to provide the data, however, refusing to supply the data may cause your license to not be processed. Under MS 270.72, the City of Edina is required to provide the Minnesota Department of Revenue your MN Tax ID Number and Social Security Number. The Department of Revenue may supply information to the Internal Revenue Service. In addition, this data can be shared by Edina City Staff, Department of Public Safety, Hennepin County Auditor, Bureau of Criminal Apprehension, Hennepin County Warrant Ofice, Ramsey County Warrant Office and other persons or entities deemed necessary for verification of information submitted in the application. Your signature on this application indicates you understand these rights. I request that my residence address and telephone number be considered private data. My alternative address and telephone number are as follows: Address Telephone Number Date Initiated f t 07, ��D�y ,� Sig Revised 1/1/2005 Account No. 1001.4391 k(.- -T �*o V-' -A DN "4,vvv No pT Vt �� r ��l- `f � � �1�'f' N 8 RY1t�5T��1-� way P -A L-INk- ur- . c Page 1 of 2 Hennepin County Property Map Give us your fee Zoom w,t — 'r Frequently Aske out _ 42 �m r_ aNt w = 6 7100 Lot dimensions may be 4 7033 because they are in a s �2 �� 'IL zoom { For u' In Eol� � information resp r on `V , S Map ,:f - Print �ReCellter on clic Resize f f : Show: Print .''+� 'P� � 70,29 Legend r`r OHO 7140 Aerial Photos Ofl k? Help 24 'P 2004* Aerials Oi City Names ` r r Center on 7136 lJ Street Names � click �' Address Number Yes Last update: 08/18/2006 at 3:30 PM ❑ Surveyed Parcel! No READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this El Lot Dimensions Property ID parcel 07-116-21-21-0003 Approximate Property Perimeter Approximate pProximate Property Area ft Property Address 14,726 S 7037 VALLEY VIEW Market Value qT = acres RD EDINA, MN 55439 Total Tax (2000606 ) $577,300 $6,450.04 The data contained on this page are derived from a surveyor, The perimeter and area s compilation of Count does not guarantee the accuracy o footage and acres) are words and maps and may contain discrepancies that can only County g approximates and may contain discrepancies. The information on this pa Y of material herein contained and Is not responsible for an be discic Please report an P P Y misuse or misrepresentation of this int y ma discrepancies to the Hennepin County The quality of the display may be influenced b P Netsca tY survey Division via e-mail at Surveyor. Md S Pe 2.01 or later version for Proper Y Your screen size and resolution setting and is best viewed at 1024x768 or higher screen re Home i Your County Government i Licenses, Certificates, Environment, Property, & Transportation & Registration i Employment & Volunteering i Health, Housing, & S C http:llwwwl3.co.hennepin.rnn.uslpublicpareelimage/hc r r •rertymap.aspx?PID=061162143 SCENIC AND OPEN SPACE EASEMENT GRANT THIS INDENTURE, made this A day of , 1973, between THE BISHOP WHIPPLE SCHOOLS, a Minnesota corporation, fee owner, and JAMES R. OTTO and BETH D. OTTO, husband and wife, contract for deed purchasers parties of the first p asers, P , and VILLAGE OF EDINA, a municipal corporation under the laws of the State of Minnesota, -party of the second part,. ' That the said parties of the first part, in consideration Dollar of One ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, quitclaim and convey, unto the said party of the second part, its successors and assigns, Forever a Scenic and Open Space Easement on the terms hereinafter specified over ' the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: All those portions of Lots 2,3 a and ,aB 6Laemar t according to the plat thereof on file and ofParc, ecor in the office of the Registrar of Titles, Hennepina County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the North- easterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. (Hereinafter called the "Easement Area" The purpose of this Scenic and Open Space Easement is to assure that the above described Easement Area shall at all times in its natural condition. To accomplish such purposeremain as open space , parties of the first Part, for themselves and their respective heirs, successors and ass hereby covenant and agree as follows: assigns, do 1. Unless the express written approval of the Village of Edina and James R. Otto, if living, is first had and received: a. No building or structure of any.kind or nature, whether Permanent or temporary, including, but not limited to, fences or other types of barriers, shall be erected or TRANSFERENTERED placed on any part of the Easement Area; b. .PR 8 1974 No, excavation shall be made on an y part of the Area, nor shall any sod, soil or tones be removedement there - FINANCE DIVISION from or moved, changed or altered thereon no r shall any HEN EPI UNTY,.MINN. alteration or change be made in the natural topography of the Easement Area, provided, however, that treesshrubs BY EPUIY and plants may be planted:on the Easement Area by the 11/29/2006 15:28 6123306590 XCEL ENERGY PAGE 01 Facsimile Cover Sheolt Northern States Power Company To: Deb Mangen Company: City of Edina Phone: Fax: 952.826,0390 From: Kathy Blomquist kathleen.a.blomquist@xcelenerg y.com Address: 414 Nicollet Mall 1 MP -8 Minneapolis MN 55401 Phone: 612.330.5604 Fax: 612.573.4037 Date: 29NOV2006 Number of pages including this 2 cover sheet: Re: Vacation Cal 7037 & 7140 Mark Terrace Drive Please see attached. Thank you, 2006.654 15:28 6123306590 XCEL ENERGY PAGE 02 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50"' Street, Edina, Minnesota 55424-1394 Phone 0 (612) 929-8861 TDD p (612) 826-0379 Fax 0 (612) 826-0390 STREE MENT:VACO1�cT: Proposed Pro,perty/Area To Be Vacated: 7x40 Mark Terrace Drive E Bina, MN 55439 RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBE% D NOVEMBER 28, 2006. City Engineer by ❑ Acceptable ❑ C 1'Posed ❑Conditional Centerpoint Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xee1 Energy by / — Apt/`fgTHi.• 6®.3ZO 0 moo¢ ❑ ()pposed ❑ Conditional N(2 ❑ Acceptable eP ❑ Opposed ❑ Conditional Qwest by . ❑ Acceptable ❑ Opposed ❑ Conditional Conditions: Location: Please sign and return indicating -receipt of notice. Thank you ..for. oT it cooperation. Y p x� Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826=0408 Fax: 826-0390 NOV-30-2006 12:45 CENTERPOINT 612 321 5480 P.001i001 City Of Edina, Minnesota DEPARTmEN'T OF ADMMSMAITON 4801 West 50th Street, Edina, Minnesota 55424 Phone ❑ (612) 927-8861 TDD 0 (612) 826-03 Fax 0 (612) 826-0390 -----' ..:::.::...........11W»h'F•r:n�'��, � �♦ ......--:.: :: N::::::::::::i:• x.>:•>M`T>-0»vnr.:nnvn.......,................ : r .. •.v.. }n'fi}»}. �:•i..u.n rr♦r...r. Y...e. ��:.... ��a:•�AV• •• •n+,n.rx�.r.rv....++r•V •�..I'soth St CityofEdr Proposed Properly/Area To Be Vacated: 27.40 Mark Terrace Drive Edina NilL, X439 RETURN TO EDINA CITY CLERK NO TATER THAN SEPTEMBER D NOVEMBER 28, 2006. City Engineer by^� ❑Acceptable ❑ Opposed PPd ❑ Conditional Centerpoint Energy by cceptable [] O osed J"z_ PP ❑ Conditional Xce1 Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by ❑ Acceptable ❑ Opposed PP C) Conditional Qwest by ❑ Acceptable ❑ Opposed ❑ Conditional Conditions: Location Please sign and return indicating receipt of notice, Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Ewa, MN 55424 Telephone: 826-0408 Fax: 826-0390 i City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 501h Street, Edina, Minnesota 554241394 0 (952) 927-8661 TDD 0 (952) 826-0379 Fax ❑ (952) 826-0390 Print Name Address Street City/state zip Telephone No. Fax No - I hereby petition the City Council of the City of Edina to vacate all of the following described public right of way pursuant to M.S. 412.851 and Edina Code Section 820: ❑ street ❑ Alley ❑ Utility Easement ❑ Drainage Easement Legal description of the area proposer, . -.' iptions shall be transmitted electronically to the City 5): Does the area proposed to be vacated e _ . -. 3ublic water? ❑ Yes ❑ No please note if the area requested toy ipublic water, no vacation shall be made unless write W mall upon the commissioner of natural resources x- inti! action. .. Attach a copy of a scaled drawiti ie vacated. Include the vacation fee of $400.00 with your application. THE MINNESOTA DATA PRACTICES ACT requires that we inform you of your rights about the private data we are requesting on this form. Private data Is available to you, but not to the public We are requesting this date to determine your eligibility for a license from the City of Edina. Providing the data may disclose Information that could cause your application to be denied. You are not legally required to provide the data, however, refusing to supply the data may cause your license to not be processed Under MS 270,72, the City of Edina is required to provide the Minnesota Department of Revenue your MN Tax ID Number and Social Security Number. The Department of Revenue may supply information to the internal Revenue Service. in addition, this data can be shared by Edina City Staff, Department of Public Safety, Hennepin County Auditor; Bureau of Criminal Apprehension, Hennepin County Warrant Office, Ramsey County Warrant Office and other persons or enfit)es deemed necessary for verification of Information submitted in the application_ Your signature on this application indicates you undersfand these rights. i request that my residence address and telephone number be considered private data. My atternadve address and telephone number are as follows: AddteSS Telephone Number Date Initiated Revised 1/7/2005 Signature Account No. 1001.4392 T00 XVd OT:60 9002/OT/OT 900/L00o tea�ueo xej F aat.uaO*Lxe� XVjI 6Z:80 900VOL/01. Deb Manaen From: Deb Mangen Sent: Tuesday, November 28, 2006 8:43 AM To: Kathy Bloomquist (Kathleen.A.Blomquist@Xcelenergy.com); Kelly Doonan (Kelly/Doonan@cable.comcast. com); Shawn Sandberg (Shawn. Sandberg@gwest.com); Steven Von Bargen (Steven.VonBargen@centerpointenergy.com) Subject: City of Edina Request for Review of A Requested Easement Vacation Attachments: UtilitiesReviewForm.doc; Vacation2006-2ex.jpg; Vacation2006-2ap.rtf I am attaching a review form, application and exhibit for an easement vacation that has been requested from the City of Edina. I apologize for the lateness of this request to review. However, the hearing on this issue is 12/5/06. If you could get your responses back to me by Thursday of this week. I'd really appreciate it. Feel free to fax utility review form back to 952-826-0390. As always feel free to contact me with any questions. UtilitiesReviewForm Vacation2006-2ex.j Vacation 2006-2ap.r .doc (65 KB... pg (1,015 KB... tf (727 KB) WraA. 91dangen, C911C Edna City Clerk 4801 West 50th Street Edna, Mme'' 55424 D914angen@dedina.inn.us 952-826-0408 STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as and has full knowledge of the facts stated below: Sun -Current (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for two successive week(s); it was first published on Thursday, the 16 day of November , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the 23 day of November , 2006; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz C "I, Ifw (OfficlApublication) t BY: W- W424 ONFOCAIN CI` C SPACE IN THE CITY OFEDINA HENNEPIN COUNT1r MM"NEW; TA. NOTICE IS HEREBY GIVEN that the City Caunowof.tha:a City of Edina, Minnesota will meet on December 5, 2OOB Subscribed and sworn to or affirmed before me at 7:00 PM. in the Council Chambers at 4801 west-5ft Street for a scenic and open space easement to beva .. on this 23 day of November 2006. wed` ,PROPOSED LEGAL DESCRIPTtCN OF SCENIC AND OPEN SPACE EASEMENT TOLBE VACATED: All thosa portions of.t.GA}'2; 3 and 41 Block 1, Braemar Parc, according to the PW,11WSd on file and of record in the office of the Registrar of Tiles, Hennepin County, Min - Notary P IC lying �' e► of a line drawn parallel with feet Northeasterly Of ft'Northeasterly right of WRY line of Mark Terrace D" as Shown on and dedioat. ed by said plat of Braemar Farc. All persons who desire to be heard with respect to 1119 MARY ANN CARLSON question of whether or not the above proposed street�gM NOTARY PUBLIC — MINNESOTA of way and and vasietion Is In the puM in- . MY COMMISSION EXPIRES 131-09 terest and sho be made be heard at said 11rtw and Place- voed6rK whichsuch' _ vacation n 1119 area Of fheproposed vacation 9and, Me extent to which 1119 vacation alirtft ft SUl 0 tty of any person, Mr. RATE INFORMATION po►a11on, or municipality owning or contro111ng ek+cift tektphone or cable televleion pples and Ike, gas and sewer ones, or wamr es pip, mains; end fiydranb on or - (1) Lowest classified rate paid by commercial users $ 2.85 er line and aofm9provoaedvacation,to ontinuemakn p tainirrg game or to enterupon such easement area or for comparable space portion thareofvacated to maintain, repair, replace, re- move, or othenalas attsrd thereto, for the purpose of spec. ifying, in any such vacation neeWuWn, the 640M to which (2) Maximum rate allowed by law $ -- 6.20 per line any or all of such easement, and such main - shalland to enter upon the area of the Proposed vacation, shall con11nue. (3) Rate actually charged $ 1.30 per line BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangan, City Clerk Dated: November 9,.2006 = (Nov. J6 823, 21101111. 2006-2 I -d �� Twin Cities Region -Minneapolis Area micas9705 Data Park - Minnetonka, MN 55343 FAX TRANSMITTAL SHEET TO: FROM: COMPANY: DA'flF,: /} - // a j / 6`. e, 2.+ I v1. C 3 l% .� I'AX NUMBER: 'IYYCAI.4N�O. OF PAGES INCLUDING COVER: `1 PHONE NUMBER: SGNDr4R'S PHONE NUMBER: Rib: SENDER'S FAX NUMBER: 55,j. -/_o 7'- "15L -3 ❑ URGENT ❑ ICOR RU-NIEW ❑ PLEASE' COMMENT ❑ I BPI,Y ❑ Pl..U.'ASI RV,(.YCI&-' N(. TI.: S/COMME',N7:S: Confidentiality Notice This communication is only for the use of the intended recipient and may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any reading, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by telephone and then destroy this communication in its entirety. Thank you. £9£bG09Zss alge0 uauue0 awtl e£2:01 90 BE AOW City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 501h Street, Edina, Minnesota 55424-1394 Phone El (612) 927-8861 TDD 0 (612) 826-0379 Fax 0 (612) 826-0390 STREET AND/OR EASEMENT VACATION REVIEW #2006-02 Proposed Property/Area To Be Vacated: 7140 Mark Terrace Drive, Edina, MN 55439 RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBER D NOVEMBER 28, 2006. City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by ® Acceptable ❑ Opposed ❑ Conditional Qwest by ❑ Acceptable ❑ Opposed ❑ Conditional Conditions: Location: Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 Z'd E9EtrL09ass ajge0 JauueM awtl e62:01 90 Ga noN (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF SCENIC AND OPEN SPACE EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on December 5, 2006 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a scenic and open space easement to be vacated: PROPOSED LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: All those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. All persons who desire to be heard with respect to the question of whether or not the above proposed street right of way and utility and drainage vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen, City Clerk Dated: November 9, 2006 Please publish in the Edina Sun Current on Thursday, November 16, 2006, and Wednesday, November 22, 2006. Send Two Affidavits of Publication Bill To Edina City Clerk City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 "` Ali ` "„�:' 'FE,u Proposed Property/Area To Be Vacated: 7140 Mark Terrace Drive, Edina, MN 55439 RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBER D NOVEMBER 28, 2006. City by ❑ Acceptable ❑ Opposed ❑ Conditional L Centerpoint Energy by Xcel Energy by Time Warner Cable by Qwest by Conditions: Location: ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF MAILING NOTICE I, the undersigned, being the duly qualified acting City Clerk of the City of Edina, Minnesota, hereby certify that on the following date t (/a 7/0 to , acting on behalf of said City I deposited in the United States mail copies of a Vacation Public Hearing Notice for a hearing to be held November 27, 2006, postage thereon duly prepaid, addressed to the persons at the addresses as shown on the mailing list (Exhibit B) attached to the original hereof, which list is on file in my office, said persons being those appearing on the records of the County Auditor as owners of the property listed opposite their respective names, as of two weeks prior to the date of the hearing; and that I also sent said notice to the following corporations at the indicated addresses whose property is exempt from taxation and is therefore not carried on the records of said County Auditor. WITNESS my hand and seal of said City this c !R4 qday of 2006 �, V MX Address Results 0711621120072 JUDITH A CHEEVER JAMES B CHEEVER 7029 VALLEY VIEW RD EDINA MN 55439 0711621210004 SUSAN A LOYD RICHARD B LOYD 7140 MARK TERRACE DR EDINA MN 55439 0711621210002 THEODORE R EDIN JUDITH A EDIN 7033 VALLEY VIEW RD EDINA MN 55439 0711621210005 JOHN WESTFALL EILEEN A WESTFALL 7136 MARK TERRACE DR EDINA MN 55439 Page 1 of f 0711621210003 ROBERT MURRA 7037 VALLEY VIE EDINA MN 55439 http://gis.logis.org/edina/logismap/1gMailingLabels.asp 11/27/2006 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF SCENIC AND OPEN SPACE EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on December 5, 2006 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a scenic and open space easement to be vacated: PROPOSED LEGAL DESCRIPTION OF SCENIC AND OPEN SPACE EASEMENT TO BE VACATED: All those portions of Lots 2, 3 and 4, Block 1, Braemar Parc, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, lying Northeasterly of a line drawn parallel with and 110 feet Northeasterly of the Northeasterly right of way line of Mark Terrace Drive as shown on and dedicated by said plat of Braemar Parc. All persons who desire to be heard with respect to the question of whether or not the above proposed street right of way and utility and drainage vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen, City Clerk Dated: November 9, 2006 Please publish in the Edina Sun Current on Thursday, November 16, 2006, and Wednesday, November 22, 2006. Send Two Affidavits of Publication Bill To Edina City Clerk HCPropertyMap Hennepin County Property Map Zoom Out 10 � 8 si• 6 - si 4 siA 2 Zoom i In Map Resize Print Legend k? Help Center on click Yes No rage i of . Give us your fee Frequently Aske t7 NEMNEN Lot dimensions may be because they are in a s • For quicker resF information on s 'Recenter on clic Show: 7029 Aerial Photos Ofl 2004* Aerials Oi Last update: 08/18/2006 at 3:30 PM -- READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this parcel Property ID Approximate Property Perimeter Approximate Property Area 07-116-21-21-0003 492 ft. 14,726 sq.ft. - 0.34 acres Property Address Market Value Total Tax (2006) 7037 VALLEY VIEW RD EDINA, MN 55439 $577,300 $6,450.04 ❑� City Names Street Names Q Address Number ❑ Surveyed Parcel: ❑ Lot Dimensions The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can only be disci( surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Information on this pa County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this inl Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyor. Maps@co.hennepin, mn. us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 1024x768 or higher screen re Netscape 2.01 or later version for proper operation. Home I Your County Government I Licenses, Certificates, & Registration I Employment & Volunteering I Health, Housing, & S Environment, Property, & Transportation ://wwwl 3.co.hennepin.mn.us/publicparcelimage/hcpropertymap.aspx?PID=0611621430... 9/5/2006