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HomeMy WebLinkAbout2011-12-20 5023 NOB HILL DRIVE VACATE UTILITY EASEMENT4 Doc No A9738528 Certified, filed and/or recorded on 1/13/12 4:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 765244M Doc Name: Notice of Vacation Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. . .. NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC UTILITY & DRAINAGE EASEMENTS PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS -HEREBY GIVEN that.the City Council of Edina, Hehnepin County, Minnesota, on July 15, 2003, adopted a Resolution Vacating the utility and drainage 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 utility and drainage easements vacation be made, which resolution ordered the vacation of the following described easement for public utility and drainage purposes: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition The time of completion of proceedings and the effective date of said vacation is 20th day of December 2011. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA 0 J k�Q �� A WAA City Clerk ned and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this oZU day of 2011. This document was drafted by: A, 66City of of Edina Notary Public 4801 West 50th Street Edina, MN 55424 A TERRI JO WILSON F Notary Public -Minnesota My Cone ninon Fires Jan 31. 13 I i "°ar z °I 3..�rfa8< 611 ta, _ 4: ., CAMPBELL KNUTSON July 20, 2012 Ms. Debra A. Mangen City of Edina 4801 West 50th Street Edina, Minnesota 55424-1394 Re: 5023 Nob Hill Drive Dear Ms. Mangen: Pursuant my telephone message to you and your December 22, 2011 letter to Sue Nelson of this office, enclosed herewith for your files is a copy of the recorded Notice of Completion of Proceedings on Vacation of Public Utility and Drainage Easements relating to the property at 5023 Nob Hill Drive. Please note that this Notice was filed for record on January 13, 2012 as Document No. A9738528. If you have any questions regarding the above, please give me a call. Very truly yours, CAMPBELL KNUTSON Professional Association By: Carole J. Hoe t cjh Legal Assistant Enclosure 4 Doc No A9738528 Certified, filed and/or recorded on 1/13/12 4:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 765244M Doc Name: Notice of Vacation Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. s NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC UTILITY & DRAINAGE EASEMENTS PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HERESY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on July 15, 2003, adopted a Resolution Vacating the utility and drainage 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 utility and drainage easements vacation be made, which resolution ordered the vacation of the following described easement for public utility and drainage purposes: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition The time of completion of proceedings and the effective date of said vacation is 20th day of December 2011. ,BY ORDER OF THE CITY COUNCIL. CITY OF EDINA �WAA u 1–P /It, City Clerk i ned and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this day of 'CP !7 bL4— 2011. This document was drafted by: City of Edina 4801 West 50th Street Edina, MN 55424 CkA A_ ub NotaryA ~� TERRI JO WILSON Notary Public -Minnesota My Commission Expires Jan 31, 2013 City of Edina December 22, 2011 Ms. Sue Nelson Campbell Knutson 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 RE: Notice of Completion for Vacation — Utility & Drainage Easement, 5023 Nob Hill Dear Sue: I am enclosing two copies of Notices of Completion for the aforementioned vacation. Please have the Notice 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, mit Debra A. Mangen City Clerk Enclosures: (2) City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 www.CityofEdina.com 952-927-8861 FAX 952-826-0390 TTY 952-826-0379 NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC UTILITY & DRAINAGE EASEMENTS PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on July 15, 2003, adopted a Resolution Vacating the utility and drainage 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 utility and drainage easements vacation be made, which resolution ordered the vacation of the following described easement for public utility and drainage purposes: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition The time of completion of proceedings and the effective date of said vacation is 20th day of December 2011. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk i ned and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this o day of 2011. This document was drafted by: City of Edina 4801 West 50th Street Edina, MN 55424 _ -i=Notary MPub � �p TERRI JO WILSON Notary Public -Minnesota �,�g• MY Commission Expires Jan 31. 2013 NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC UTILITY & DRAINAGE EASEMENTS PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on July 15, 2003, adopted a Resolution Vacating the utility and drainage 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 utility and drainage easements vacation be made, which resolution ordered the vacation of the following described easement for public utility and drainage purposes: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition The time of completion of proceedings and the effective date of said vacation is 20th day of December 2011. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk igned and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this O?Q day of 2011. This document was drafted by: City of Edina 4801 West 50th Street Edina, MN 55424 Guil�L- Notary Public ��"''' TERRI JO WILSON �'' `•`''""° Notary Public -Minnesota jE;�,� My Commission Expires Jan 31, 2013 RESOLUTION NO. 2011-130 GRANTING THE VACATION OF PUBLIC UTILITY AND DRAINAGE EASEMENTS 5023 NOB HILL ROAD WHEREAS, a petition was received on November 22, 2011, from the property own�'4f 513 bna Hill Road, requesting the vacation of the utility and drainage easements on said property; and WHEREAS, after two weeks published and posted notice was given and the hearing was held on December 20, 2011, 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 persons, 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 public alley right-of-way easements are hereby vacated effective as of February 6, 2007 as follows: LEGAL DESCRIPTION OF PUBLIC DRAINAGE & UTILITY EASEMENT TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition BE IT FURTHER RESOLVED, that the City Clerk is authorized d irected to cause a notice of completion of proceedings to be prepared, entered in the transfer re rd oft a County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Sect 41 .851. Dated: December 20, 2011. Attest: — &" () -- Debra A. M ngen, City Cler 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 aft duly adopted by the Edina City Council at its Regular Meeting of 8 ecember 20/,%011 and as recorded in the WITNESS my hand and seal of said City this Q)&day of Hovland, Mayor i � rte...-.�✓"' �, rcRC i .. M fY 1 1 . City Hall (2'1y'-`If1ii1 4801 WEST 50TH STREET T4X 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379 aIklle \c�RFOP � ]888 REPORT/RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item # VI. A. From: Wayne D. Houle, PE City Engineer ® Action Discussion Information Date: December 20, 2011 Subject: Public Hearing — Vacation of Easement 5023 Nob Hill Drive Resolution No. 2011-130 Recommendation: Approve attached Resolution No. 2011-130 vacating existing utility and drainage easement located between Lot 1 Block 1 Oak Ridge of Edina and Lot 8 Block 1 Engstrom Marnie Addition, conditioned on dedicating a utility and drainage easement at the new lot line. Info/Background: This request to vacate the utility and drainage easement was initiated from the lot line shift that the City Council approved at the November 1, 2011 City Council Meeting. The applicant has agreed to re-establish the utility and drainage easement on the new lot line. The home located at 5023 Nob Hill Drive was constructed over the existing utility and drainage easements. Staff did communicate with the private utility companies requesting their comments: Centerpoint Energy, Century Link (Qwest), and Comcast do not object to this vacation. Xcel Energy has not yet responded to this request. The City of Edina Utilities does not have utilities in this area. ATTACHMENTS: Resolution No. 2011-130 Sketch of proposed vacation Excerpt of minutes from November 1, 2011 City Council Meeting g:\pw\admin\comm\external\general corr by streets\n streets\5023 nob hill dr\item vi.a. public hearing - vacation of easement 5023 nob hill drive resolution no. 2011- 130.docx RESOLUTION NO. 2011-130 �,9ZNA , GRANTING THE VACATION OF oe t1i PUBLIC UTILITY AND DRAINAGE EASEMENTS J �y 5023 NOB HILL ROAD • jbR oM'�9 �ee rl cr WHEREAS, a petition was received on November 22, 2011, from the property own�rj�i�503131Q I Hill Road, requesting the vacation of the utility and drainage easements on said property; and WHEREAS, after two weeks published and posted notice was given and the hearing was held on December 20, 2011, 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 persons, 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 public alley right-of-way easements are hereby vacated effective as of February 6, 2007 as follows: LEGAL DESCRIPTION OF PUBLIC DRAINAGE & UTILITY EASEMENT TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition 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 Statutes, Section 412.851. Dated: December 20, 2011. Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN)SS CITY OF EDINA ) James B. Hovland, Mayor 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 was duly adopted by the Edina City Council at its Regular Meeting of December 20, 2011 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_. City Hall 952%F!AISI 4801 WEST 50TH STREET FAX 952=826-0390 EDINA, MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379 Minutes/Edina City Council/November 1, 2011 W.C. RESOLUTION NO. 2011-111 ADOPTED - APPROVING LOT DIVISION 5023 AND 5025 NOB HILL DRIVE, EVA MAY Planning Director Teague advised the median numbers were clearly met based on County data. Mayor Pro Tem Swenson introduced and moved adoption of Resolution No. 2011-111 approving a lot division of 5023 and 5025 Nob Hill Drive. Member Brindle seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson Nays: None Abstain: Hovland Motion carried. KOC—M—M VK99 M'MV8d N303 3 �oRan�n3 ald asa�flOY�J `JNIAlUe04ti9 $ (1 P a $ sf PUDE V p �./o 77/H e0/ V f4e7O9 JO} BOC! 'ON `370 rnmmwo'a MNtl vrg. - Iau'3a Jo save 3"1 YQIY NOOMtlM34S L 300 M m'"OV MY M soI3N A Bvd7W SVA A3w s SM Snn A!ltl73 AB707N 1N3WNDl77b'��J 3N17 /-b - / srro XWdml l L LOZ 'S IMM 10 7 O3SOdOYcl *a4 A37rOMJ 0 W V, 0 0 M r W i 63.63 _ o /�� SII /tib i h� of I 4 I I Q II E a W I aN a IIm H a I (I D Ip,, � � •�r.J f 06 a+ ;aaucaseg I {SI a6auTeza g A:tTTT;n APM- ;[tautaseg A4TTT4n 3 abeuTeaa I _OBs LTi All Utl.tCYOE t S R-vx OR'v4 NB HILL Or S 09-31'20_ " 5zr o a° i/- 0s r MI $ a, 93.7..1 0.001 3 h N ro www.MinnLocal.com RU MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Edina Sun -Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for two successive week(s); it was first published on Thurs- day, the 1 day of December 2011, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _6—day of December , 201 1;and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ab "klmnopgrstuvwxyz f BY: CFO Subscribed and sworn to or affirmed before me on this 8 day of December , 2011, Notary Public s JULIA I. HELKENN NOTARY PUBLIC- MINNESOTA .,.s. MyComm. Exp. Jan. 31,015 City of Edina (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY EASEMENTS IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will hold a public hearing December 20, 2011 at 7:00 P.M. in the Council Cham- bers at 4801 West 50th Street to consid- er a request for public utility easements described as follows to be vacated: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility ease- ment for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 En- gstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Ease- ment over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition 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 ex- isting 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 maintain- ing the same or to enter upon such ease- ment area or portion thereof vacated to maintain, repair, replace, remove, or oth- erwise attend thereto, for the purpose of specifying, in any such vacation resolu- tion, the extent to which any or all of such easement, and such authority to main- tain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangan, City Clerk Dated: November 22, 2011 (Dec. 1 & 8, 2011) DI-5023NobHill City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 501h Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 STREET.AND/C1R EASEMENTVACATION RBVIEW Proposed Property/Area To Be Vacated: Utility Easement, 5023 Nob Hill Drive, Edina MN RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by //04&_ Acceptable ❑ Opposed F] Conditional l2 // 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: Debra Mangen, City Clerk City of Edina 4801 W. 5011, Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 E-mail: dmangen&i.edna.mn.us o e t4 co City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 5001 Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 Proposed Property/Area To Be Vacated: Utility Easement, 5023 Nob Hill Drive, Edina MN RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed Centerpoint Energy by ❑ Acceptable ❑ Opposed Xcel Energy by Time Warner Cable by Qwest by Randall Olson Conditions: &K (� Location: ❑ Acceptable ❑ Acceptable ® Acceptable ❑ Opposed ❑ Opposed ❑ Opposed ❑ Conditional ❑ Conditional ❑ Conditional ❑ Conditional ❑ Conditional Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: Debra Mangen, City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 E-mail: dmangen@ci.edna.mn.us Deb Mangen From: Von Bargen, Steven L. <steven.vonbargen@centerpointenergy.com> Sent: Tuesday, November 29, 20111:27 PM To: Deb Mangen Subject: RE: Request for Utility Vacation 5023 Nob Hill Drive, Edina Attachments: Edina 1-1l.pdf CenterPoint Energy Minnesota Gas has no objection. See attached. Thanks, .f&m,r (/o,r &I" B 4 wav Ac(rK*m—ara- y /ffz7 v."? �ae From: Deb Mangen [mailto:DMangen@ci.edina.mn.usl Sent: Tuesday, November 22, 2011 11:45 AM To: Kathleen.A.Blomquist(5)Xcelenergy.com; Shawn. Sand berciNwest. com; Von Bargen, Steven L.; Kelly Doonan@cable.comcast.com Cc: Wayne Houle Subject: Request for Utility Vacation 5023 Nob Hill Drive, Edina Good Morning, I am attaching a notice of a request for the vacation of a utility easement at the above referenced property. Please review the request, then return the Utility form only to my attention. Please call if you have any questions. tf, Debra Mangen, MMC, City Clerk 952-826-0408 ( Fax 952-826-0390 DMangencMdedina.mmus i www.CitvofEdina.com ...For Living, Learning, Raising Families & Doing Business We're a do.town ... working to make the healthy choice the easy choice! (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY EASEMENTS IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will hold a public hearing December 20, 2011 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street to consider a request for public utility easements described as follows to be vacated: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition 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 22, 2011 PLEASE PUBLISH IN THE EDINA SUN CURRENT ON THURSDAY, DECEMBER 1, 2011, AND THURSDAY DECEMBER 8, 2011 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 Proposed Property/Area To Be Vacated: Utility Easement, 5023 Nob Hill Drive, Edina MN RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by Xcel Energy by G'o�►,cas'F Cable �tzabl� by/) 12Z— Qwest by Conditions: Location: ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional Acceptable ❑ Opposed ❑ Conditional Alvi ❑ Acceptable ❑ Opposed ❑ Conditional Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: Debra Mangen, City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 E-mail: dmangen@ci.edna.mn.us Description of public right -of way proposed to be vacated: Please see attached map. This section to be completed ONLY by City Depts • We have no objections to this vacation • We have no objections, subject to conditions stated below • We object to the vacation for the reasons stated below Conditions/Reasons: This section to be completed ONLY by Utilities • We do NOT have facilities in the proposed vacated area, and we therefore RELEASE our utility easement rights, subject to any conditions or exceptions stated below • We do NOT have facilities in the proposed vacated area, but we wish to RETAIN our easement rights, ❑ subject to any conditions or exceptions stated below • We DO have facilities in the proposed vacated area, and we therefore RETAIN our easement rights, subject to any conditions or exceptions stated below Conditions/Exceptions: Duly authorized representative: Duane Carlson / Construction Manager 713ri�me / Title Signature Comcast Company Name 11/24/11 Date To: Debra Mangen From: Kelly Doonan Reply to Vacation Inquiry Marion Ave, Hill St and Edina City Clerk Comcast Earl St Phone #952-826-0648 Phone # (651) 493- 5405 Fax # Fax # (651) 493- 5116 Description of public right -of way proposed to be vacated: Please see attached map. This section to be completed ONLY by City Depts • We have no objections to this vacation • We have no objections, subject to conditions stated below • We object to the vacation for the reasons stated below Conditions/Reasons: This section to be completed ONLY by Utilities • We do NOT have facilities in the proposed vacated area, and we therefore RELEASE our utility easement rights, subject to any conditions or exceptions stated below • We do NOT have facilities in the proposed vacated area, but we wish to RETAIN our easement rights, ❑ subject to any conditions or exceptions stated below • We DO have facilities in the proposed vacated area, and we therefore RETAIN our easement rights, subject to any conditions or exceptions stated below Conditions/Exceptions: Duly authorized representative: Duane Carlson / Construction Manager 713ri�me / Title Signature Comcast Company Name 11/24/11 Date (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY EASEMENTS IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will hold a public hearing December 20, 2011 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street to consider a request for public utility easements described as follows to be vacated: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition 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 22, 2011 PLEASE PUBLISH IN THE EDINA SUN CURRENT ON THURSDAY, DECEMBER 1, 2011, AND THURSDAY DECEMBER 8, 2011 SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK 100.0 Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 November 9, 2011 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Mamie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line x Hvi I of Lot 8 Block I Engstrom Mamie Addition rr o ' o M "M 15 >, �r 0 N 32.5 25 ww�l o� 3�! S o�3-sg eata2tM -Evi �aaz�S u -- X117.50 Drainage & Utility l l Easement 1 .New Utility & Drainage 51 Easement, s I II �� YI !I I I 1 I r ' O k :z '% O C y N-��°° Lwd Frank R. Cardarelle Surveyor 6440 FLYING 5 344NE EDEN PRAIREMN �w for 5023 NOB HIL L DR. o � i •ym 952-941-3031 .,Ot , t f.C,0 S 0 N 32.5 25 ww�l o� 3�! S o�3-sg eata2tM -Evi �aaz�S u -- X117.50 Drainage & Utility l l Easement 1 .New Utility & Drainage 51 Easement, s I II �� YI !I I I 1 I r ' O PROPOSED L 0 T LINE REALLIGNMENT N-��°° Lwd Frank R. Cardarelle Surveyor 6440 FLYING 5 344NE EDEN PRAIREMN TMT THS SURVEY NAS PREF+ TY DKcT a KRVM RVE� OF A. for 5023 NOB HIL L DR. FRAW 952-941-3031 CHAPTER 14 A. Vacating easements, streets, and roads 1. Vacation by cities Minn. StaL. § 462.358, subd. 7 When it is in the public interest to do so, cities may abandon ownership or refers to vacation procedures under Minn. Stat. § 412.851. control over all or any part of land set aside, dedicated, or used as streets or LMC information memo, alleys. State law sets the exclusive process for a statutory city to abandon a lacation ofc:urStreets street, road, alley, or public way. Minn. Stat. § 412.851 In statutory cities, the resolution ordering the vacation must pass by a four- fifths vote of all the members of the council. (This means there must be four affirmative votes on a five member council.) Minn. stat. § 462.358• subd. 7. A statutory city may also vacate any publicly -owned utility easement or boulevard reserve in the same way streets or alleys are vacated by the type of city involved. The steps for a statutory city to vacate a street or alley are as follows: • The council may initiate the action by resolution, or a majority of property owners who abut the land to be vacated may petition for this action. Such petitions probably need signatures from a majority of landowners and from the owners of at least 50 percent of the land area. Minn. Stat. § 412.851 . The council must hold a public hearing on the proposal, following two weeks published and posted notice. The city must provide written notice to each affected property owner at least 10 days before the hearing. Minn. stat. § 164.07. subd.2. . If the road to be vacated abuts or terminates on, or is adjacent to any public water, the city must send written notice of the petition or resolution to vacate to the commissioner of Natural Resources, by certified mail, 60 days before the date of the public hearing. In addition, the council or its designee must meet with the commissioner of Natural Resources at least 15 days before the public hearing. The commissioner will evaluate the proposed vacation according to state law, and will advise the council as to that evaluation. A.O.Op. 59-A-53 (Ian. 13, When a city lawfully vacates a street, the owner of the abutting property 1977). holds title to the land in the former street (presumably to the centerline) free Minn Stat. § 160.29. of easements either in favor of the public or owners of other property abutting on the street. Cities may specify the extent to which a proposed vacation affects existing utility easements, including the right to maintain and continue utility easements. In re Hull, 163 Minn. 439, 204 An abutting property owner who suffers "peculiar damages" (lack of access) N.W. 534 (1925). from the vacation of the street may be entitled to compensation. However, a property owner probably will not prevail on a claim for money against a city if the only complaint is that the person must travel further or over a poorer road due to a street vacation. 14:22 LEAGUE OF MINNESOTA CITIES This chapter last revised 10/2011 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 November 22, 2011, personnel of the Edina administration Department acting on behalf of said City deposited in the United States mail copies of a Public Hearing Notice (Exhibit A) to be held on December 20, 2011, 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 November 22, 2011 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 22nd day of November, 2011 Edinlei _ (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY EASEMENTS IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will hold a public hearing December 20, 2011 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street to consider a request for public utility easements described as follows to be vacated: LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Marnie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Marnie Addition 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 22, 2011 PLEASE PUBLISH IN THE EDINA SUN CURRENT ON THURSDAY, DECEMBER 1, 2011, AND THURSDAY DECEMBER 8, 2011 SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK 0411621310026 ELIZABETH ZEMPEL 5156 DANENS DR EDINA MN 55439 0411621310046 SUSAN J RIEDEL PATRICK J RIEDEL 5004 NOB HILL DR EDINA MN 55439 0411621310062 JAMES MAY EVA MAY 5023 NOB HILL DR EDINA MN 55439 0411621310037 0411621310038 JAMES W MAY PAUL FALSTAD EVA J MAY ANN FROST 5023 NOB HILL DR 5019 NOB HILL DR EDINA MN 55439 EDINA MN 55439 0411621310047 0411621310056 MARK R MUDRA JASON W MCCARTHY JANICE M MUDRA 5010 NOB HILL DR 5008 NOB HILL DR EDINA MN 55439 EDINA MN 55439 0411621310063 0411621320013 JON SUNDAL RONALD F GROFF DEBORAH A SUNDAL 5160 DANENS DR 5109 66TH ST W EDINA MN 55439 EDINA MN 55439 Page 1 of 1 11/22/2011 City of Edina TO: Kathy Bloomquist, Xcel Energy; Shawn Sandberg, Qwest; Steven Von Bargen, CenterPointe; Kelly Doonan, Comcast FROM: Debra Mangen, Edina City Clerk, SUBJ: Request for Vacation of Utility Easement, 5023 Nob Hill Drive, Edina DATE: November 22, 2011 I am sending copies of the public hearing notice, the exhibit from the vacation request and an Edina check off sheet for the following vacation request received by my office. Vacation No. 2011-01 — Request to vacate utility easements 5023 Nob Hill Drive The City Council has scheduled the public hearing for this vacation on October 21, 2008. 1 would very much appreciate your response by Tuesday, December 13, 2011, if possible. This allows time for City staff to complete necessary work before the public hearing. 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. Please call me at 952-826-0408 if you have questions. City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA 55425-1394 www.citvofedina.com TTY 952-826-0379 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 STREET AND/OR EASEMENT VACATION REVIEW #2011-01 Proposed Property/Area To Be Vacated: Utility Easement, 5023 Nob Hill Drive, Edina MN RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional 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: Debra Mangen, City Clerk City of Edina 4801 W. 501h Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 E-mail: dmangen@ci.edna.mn.us o e City Of Edina, Minnesota /DEPARTMENT OF ADMINISTRATION 0 ay 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone (952) 927-8861 TDD (952) 826-0379 Fax (952) 826-0390 PUBLIC RIGHT OF WAY VACATION APPLICATION Applicant EVIG YAA%-j Print Name Address S'O Z3 "013 W u t- VtttyC , C h 1 N 4 , M rJ SS�y3 g Street City/State zip Telephone No. S1 - 4 y `) - rS U3 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 g Utility Easement ❑ Drainage Easement ❑ Other 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.mn.us): SCC ATTACH tra/% Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? [& Yes ❑ No 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 cerWed 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 $435.00 with your application. THE MINNESOTA DATA PRAC77CES 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 data to determine your eligibility for a license from the City of Edina. Providing the data may disclose information Mat 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, Me 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 Intemal 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 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 t 1- 8- t \ Signature Revised 03/2009 In 0 nI Account No. 1001.4391 NOV 2 2 2011 Description for drainage and utility easement for 5023 Nob Hill Dr. Edina Mn 55439 November 9, 2011 Vacate the West 209.69 feet of the East 219.69 feet of the 5 foot Drainage and Utility Easement adjacent to the North line of Lot 1 Block 1 Oak Ridge of Edina also vacate the west 209.69 feet of the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line of Lot 8 Block 1 Engstrom Mamie Addition all of record in Hennepin County Minnesota Subject to a Drainage and Utility Easement over under and across a strip of land 10 feet wide the centerline being 32.5 Feet North of the south line at right angles to the south line of Lot 8 Block 1 Engstrom Mamie Addition