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
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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.
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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
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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
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Frank R. Cardarelle Surveyor
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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