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Home My WebLink About2005-12-06 UTILITY EASEMENT 5188 RIDGE CIRCLEDoc No 4234551 03/08/2006 04:30 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 198572 New cert Cert 1168790 Deputy 24 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC RIGHT-OF-WAY DRAINAGE AND UTILITY EASEMENTS PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on December 6, 2005, adopted a Resolution Vacating the drainage utility 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 alley vacation be made, which resolution ordered the vacation of the following described easement for public drainage and utility purposes: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. The time of completion of proceedings and the effective date of said vacation is 6th day of December 2005. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk Signed and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this -,,2-7 day of ,--V,2006. - JANE M. TIMM This document was drafted Notary PublicMinnesota Cit Of Edina 4 M''COVWss'°"E'cp'" SJM31,2010 City Notary Public 4801 West 50th Street Edina, MN 55424 _ r � NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC RIGHT-OF-WAY DRAINAGE AND UTILITY EASEMENTS PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on December 6, 2005, adopted a Resolution Vacating the drainage utility 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 alley vacation be made, which resolution ordered the vacation of the following described easement for public drainage and utility purposes: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. The time of completion of proceedings and the effective date of said vacation is 6th day of December 2005. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk Signed and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this -,,2-7 day of ,--V,2006. - JANE M. TIMM This document was drafted Notary PublicMinnesota Cit Of Edina 4 M''COVWss'°"E'cp'" SJM31,2010 City Notary Public 4801 West 50th Street Edina, MN 55424 tit RESOLUTION NO. 2005-91 m \NCORa86 jS4v GRANTING THE VACATION OF city Of Edina PUBLIC RIGHT-OF-WAY PARKWOOD KNOLLS 26TH ADDITION WHEREAS, a motion of the City Council, on the November 1, 2005, fixed a date for a public hearing on a proposed vacation of utility easements; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on December 6, 2005, 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 December 6, 2005 conditioned upon the relocation of the transformer on the property to a location agreeable to Xcel Energy: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. 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. Passed and adopted this 6th day of December, 2005. ATTEST: -'k4 A--� City Clerk Mayor City Hall 952-927-8861 4801 WEST 50TH STREET 1 FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 6, 2005, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_. City Clerk 2 c itv Of E-dirla J February 27, 2006 Mr. Jerome P. Gilligan Dorsey & Whitney LLP 50 South 6t' Street Minneapolis, MN 55402-1498 RE: Notice of Completion for Two Vacations — Parkwood Knolls 26tI' Addition and 4212 Branson Street Dear Jerry: I am enclosing two copies of Notices of Completion for the aforementioned vacations. Please have the Notices of Completion entered in the transfer record of the county Auditor and filed with the County Recorder. The proponents have indicated a need to have this filed as soon as possible. I believe the County will return the documents to my office after the recording is complete. If you need further information, please call. Thank you for your cooperation. Sincerely, &J" 0 t`�a4j Debra A. Mangen City Clerk Enclosures: (4) City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 WWW.cityofedina.com TTY 952-826-0379 j9 XcelEnergysm FOUNDATION Date: 2/3/2006 To: City of Edina, Wayne Houle From: Xcel Energy Reference: Lots 5 and 6, Block 1, Parkwood Knolls, 26th Addition, Edina, MN Wayne, Russell Swansen has made payment to Xcel for the relocation of a transformer that sits between Lots 5 and 6, Block 1, in the Parkwood Knolls 26th Addition. Xcel will relocate the transformer as soon as resources allow. Sincerely. Doug Cabak Xcel Energy City of Edina January 31, 2006 Mr. Tom Van De Weghe TEA2 Architects 2724 West 43rd Street Edina, MN 55410 RE: Vacation of Utility Easement Lots 5 & 6, Block 1, Parkwood Knolls 26th Addition Parkwood Knolls Dear Tom: As you are aware the Edina City Council recommended the vacation of the utility easement for the above area contingent on proof that the private utilities will be relocated by the owner / developer. The City requires a letter from the respective utility (ies), indicating that these utilities are scheduled to be relocated at the expense of the owner / developer. We have received a letter from Excel Energy stating that the transformer will be moved once they have received payment from the owner. We still need proof that the payment has been made. If you have any questions or need additional information please contact me at 952- 826-0443 or at whoule@ci.edina.mn.us. Sincerely, Wayne D. Houle, PE Director of Public Works / City Engineer C: File 952-927-8861 City Hall FAX 952-826-0390 4801 WEST 50TH STREET TTY 952-826-0379 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com j9 Xcel Energ m FOUNDATION Dace: 1/10/2006 To: City of Edina, Wavnc Houle From: Xcel F nerp- Reference: Lots 5 and 6, Block 1, Parkwood Knolls, 26th Addition, Edina, MN Wayne, Xcel will move the transformer that sits between Lots 5 and 6, Block 1, in the Parkwood Knolls 26th Addition on the condition that Xcel Energy receives an up front payment prior to the move. Sincerely. Doug Cabak Xcel Energy REPORT/RECOMMENDATION To: Mayor & City Council From: Wayne D. Houle, PE,' City Engineer Date: December 6, 2005 Subject: Vacation of Existing Drainage and Utility Easement: Lots 5 & 6, Block 1, Parkwood Knolls 26tH Addition Recommendation: Agenda Item # II.A. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ❑ Motion ® Resolution ❑ Ordinance ❑ Discussion Vacate the common lot line drainage and utility easement on Lots 5 & 6, Block 1, Parkwood Knolls 26th Addition. Info/Background: The owner of the properties located at Lots 5 & 6 requests the vacation of the 10 -foot common lot line drainage and utility easement in order to construct a single-family home across both lots, see attached sketch. Xcel Energy has approved the request conditioned on the property owner relocating the existing transformer prior to vacation. Centerpoint Energy, Qwest, and the City of Edina Utilities do not object to this vacation. Staff recommends approval of the vacation based on the above condition. I h ap MAQC .CJ / = O p s 4• 0 s :a+ Q Y e • ► a s fillU�p o o z — 6p ujz� sV- i1 3 = • 9� Ind � W 10 ap MAQC .CJ / r �3 s 4• 0 s Q Y e • ujz� • 9� N •i E OR t er r O 1 c °W- t � 1 1 Z HP o 1 d 1 go 1 F� I a I i - v4 c1 v� l� a•1 • O�I.It1 ter• Ot,. ♦a'aVt♦� r O n N uiO } �1 •e Y Q U �} O N UCP' 31151133HS MDIS3Q01/"unuuMSU &Wdn:I :"A DW•K] Wd 9i;/A:10 900VM1 :WO 6u 12/05/05 19:02 FAX THRIVENT FINANCIAL Q001 Monday, December 5, 2005 Mr. Wayne D. Houle, P.E. Director of Public Works City of Edina 4$01 West 50w'St. Edina, MN 55424 Dear Mr. Houle, My wife and I are purchasing Lots 5 & 6 in the Parkwood Knolls development (Block 1, 261h Addition). Our intention is to unite them into one larger lot. This will entail vacating the Drainage and Utility Easement between these two lots. The developer, Hansen Construction, previously applied for this vacation since our purchase agreement had not yet been completed. As this purchase of the two lots has since been completed, I am writing to provide additional information, as requested, regarding the relocation of the utilities currently located within the easement area. Currently, there are power and telephone boxes on the north common lot corner between Lots 5 and 6. There is also a City street light immediately to the north of this lot line, near the curb. We propose to move these boxes and the sheet light around the cul-de-sac circle to the east, to the common lot corner shared between Lots 4 and 5. Please let me know if there is any further documentation that is required. My architect, TEA2 Architects, can provide any further information required. My Project Manager at TEA2, Tom Vain De Weghe, has met with you in the past and can be reached at 612-929-2800, x27. Regards, Russell Swansen PUBLIC HEARING FOR VACATING DRAINAGE AND UTILITY EASEMENT LOTS 5 & 6. BLOCK 1. PARKWOOD KNOLLS 26TH ADDITION :; CITY OF EDINA History; • Parkwood Knolls 2616 Addition platted in 2003/2004. • Typical 5 -foot utility easement on common lot lines of subdivision. • Property owner constructing home across both lots. I CITY OF MINA Utility Information: • Edina Utilities, Centerpoint Energy, Qwest, Time Warner, do not object to vacation. • Xcel Energy conditioned on moving transformer. Property owner agrees to move transformer. :: CITY OF EDINA Staff Recommendation: • Vacate utility and drainage easement contingent on moving transformer. ra v IN newspapers 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 Fi- nancial Officer of the newspaper known as Sun -Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for two successive week(s); it was first published on Thursday, the 17 day of November , 2005, and was thereafter printed and published on every Thursday to and including Thursday, the 24 day of November , 2005; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghij klmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 24 day of November , 2005. Notary Pub woo MARY ANN CARLSON NOTARY PUSUC - MINNESOTA MY COMMISSION EXPIRES 1.31.08 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line 'C.H / Of f d�18fdff1ctal 3 4801 WEST, 50T*t# i:T EEINNE:N0IICO �EAR HEARINGVACATION OF DRAINAGE AND UTILITY EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the t'ty of 7:00 PM. in the BCounnotacil win ambers at 4801eet on West5M Street for a drainage and utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feetof LM 5 and the easterly 5 feet of Lot 6, Block 1, PARKW01oo KNOLLS 26TH ADDI- TION, according to the recorded plat thereof, `Hen- nepin County, Minnesota, °lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. All persons who desire' to be heard with respect to the g0esnon of-hether sr not the abovs.proposed street tight of -way and utility and drainage vacation is in the public in- terest and should be made shall Eia heard at said time and Place. The Council shall considerthe extent to which such Proposed street vacation -affects existing easements with- in the area of the proposed vacation and the extent to which the vacation affects the authority of any person, cor- poration, 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 main- taining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, re- move, or otherwise attend thereto, for the purpose of spec - anyo, in any such vacation resolution, 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 1, 2005 (Nov. 17 & 24, 2005)d1Nac ntc 5PKWd Knolls j Date: 1025/2005 01:07:26 PM Drawing File: T:WOproIjlP-T\SWansen\D_CADWESIGNW_SHEET\SITE.dgn 7 rn rn -1 o z�tb� �g m w, N.1A,64 °b r -- O �910 e i ----T-------__1 _--__i---i m vl W o 0 V ' iN 1i10 aiigVi� °� ° m NO8"t?St1H fp •i � Ii�1Vii 1 ir`� � � � gz m R. - e Fri n o m a F D rnZ _ m �C y o0 O �� — c to Z n n 9 l '�r � ti 00 m CD F 0o CC C c f o nz` Y m ° O n m N Q yy6 �f 13+33'32' W ),.4 a _ o0 O �� — c to � ti 00 m CD 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: Vacation of Utility Easement -Lots 5 & 6 Parkwood Knolls 261h Addition RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBER 26, 2005. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xcel Energy by ❑ Acceptable ❑ Opposed �R Conditional 336. ! � RIGHTS DESCRIBED ABOVE ARE RESERVED. THANK YOU. Time Warner Cable by ❑ Acceptable ❑ Opposed ❑ Conditional Qwest by ❑ Acceptable ❑ Opposed ❑ Conditional Conditions: 72-70-47- E -45931129-t R16 16 $6 R6-7si!QeV60 JAS FAVOR- OF NDC ZWP-1 66 PQ WF -R, 061-126,* J V S Location: 7 -ye: gmry "inn ao % e exyio_ _ HClST!N W,�FORMag) Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk PLEASE PROVIDE A COPY OF THE City of Edina ADOPTED RESOLUTION WHEREBY THE 4801 W. 501h Street RIGHTS DESCRIBED ABOVE ARE RESERVED. THANK YOU. Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 in a S 30 SCALE E EXHIBIT PARKWOoo KNOLLS DRAINAGE AND UTILITY EASEMENT VACATION 2` T H 14 c) D OCTOBER 25, 2005 !-� — ' o� z� o z J / / B L O C K- DRAINAGE AND UTILITY EASEMENT TO BE VACATED RIDGE CIRCLE za-00 1 1 2 1 � 1 '9� EASE-mwr ;n 6E RIES E R\11 [) j W -FAvop 01F XCEL_ =--DRAINAGE AND UTILITY EASEMENT --m\,\ Anderson Engineering of Minnesota, LLC. C I V I L E N G I N E E R I N G A N D L A N D S U R V E Y I N G 112295-1 13605 IST AVENUE NORTH, SUITE 100, PLYMOUTH, MN 55441 TEL (763) 383-1084 FAX (763) 383-1089 1112812005 10:25 9913526835721 FISHER XcelEnergy NORTHERN STATES POWER Facsimile Cover Shoet To: Debra Mangen Company: Phone: Fax: 9528260390 From: Kathy Blomquist Address: 414 Nicollet Mall - GO -7 Minneapolis, MN 55401 kethleen.a.blomquist@xcelonergy.com Phone: 612.330.5604 Fax: 612.573.4037 Date: 28NOV2005 Number of pages Including this 4 cover sheet: Re: Vacation of Easements Win: Dots 5&6. Block 1. PARKWOOD KNOLLS 26TH f ,DDITION. Please see attached. Original by Certified Mail today. THANK YOU 2005.636 *0000� PAGE 01 11/2812005 10:25 9913526835721 FISHER PAGE 02 City Of. Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone 0 (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 1. f �• Ifs 1 ii f' 1 firI. ( 1 1 } � jf�`�, V f .... f. (. •.•�. .L.y:. •• .......m ..... e,n n a::::::•�" .1��`I::��.. ;.�I •'+ ,� ..J ... I. !,'•V�,V/,M'p•1�. Proposed Property/Area To Be Vacated: Vacation of Utility Es gement-Lots 5 & 6 parkwood Knolls 268' Additi n —' RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMB' sR 26, 2005. TUANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint EnergY by _ ❑ Acceptable ❑ Opposed M Conditional Xcel Energy by E] Acceptable ❑ Opposed ��. 35 - s� Conditional Tine Warner Cable by ❑ Acceptable ❑ Opposed ❑ Conditiornal Qwest by ❑ acceptable ❑ Dpposed ❑ Conditional Conditions: RI &W d 6 mE R �s �yw ,t/J F-A-M-ORL OF 12N r' wh9P. C'O.�II0Aj%I V UAfj ACA�056 Location: 7 O .-- A&SW /) Al L Z!H— 4 ZCN4;9w �srlNG Please sign and return indicating receipt of notice. Thank you for you: cooperation Reform to: City Clerk PLEASE PROVIL E A COPY OF THE City of Edina. ADOPTF;D RESOI UTION WHEREBY THE 4801. W. 50th Street RIGHTS DESCI ABED ABOVF, ARE Edina,, MN 55424 RESERVED, T 1ANK YOU. Telephone: 8260408 Fax: 826-0390 11128/2005 1101:25 IV iTA S 30 SCALE 9913526835721 FISHER PAGE 03 EXHIBIT PRKwooD KNOLLS DRAINAGE AND LMLITY EASEMENT VA[ ATIQN OCTOBER 25, 2005 2-6 r 0 D E i e Q bje / \ O� 112298-1 i 0 RIDGE CIRCLE 5 ''"—DRAINAGE AND �� UTILITY EASEMEN"--��, I 1 DRAINAGE AND UTILITY EASEMENT TO BE VACATED Anderson Engineering of Minnesota, LLC. CIV 1 L E N G I N E E R I N G A N D L A N D S U R V E Y I N G 05 IST AVENUE NORTH. BUiip' 100, PLYMOU4'ti. VN .SAA L1 TWT /7C0\ Baan •ww. ....`±-___ 11/28/2005 10:25 9913526835721 FISHER PAGE 04 ul 41OZS 1 G I _ � 1 V O �+A Q I• ti4� c*� �T 1vZrygo CV 7-v pi W N`' gFPa nh *N•i`I VQ(.Qy�ccc V CiffloO '`�!�+ V I I W co C ` I N Uf I2!rr��i! I 1. . 1� 47 t 522 LZZS U 57A8 bIZS I �' -1: • I c r. a i •W0W) 0 ` 1 0 CYREEN FARM u� n Al P 2 AL j J N �a c O N• N t I N+ 1 ' id u/L v u� In I cv I J M ca• L 7 1' I j J I h i � I J I • ' I + I • I I � I J• LO IIH • • I r . I •I I ' I �O � .CLS • CN CD f • M • 1 W zags • � I 1 � , - A 2r OL WON 1 1 m Q1 I 1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF POSTING NOTICE I, the undersigned duly appointed and acting for the City of Edina, County of Hennepin, State of Minnesota, do hereby certify that I have on this date posted copies of the attached Notice of Public Hearing for Vacation of Public Alley, at each of the official City bulletin boards, located at conspicuous places within the City as follows: 1) City Hall, 4801 West 50th Street 2) Municipal Liquor Store, 50th and France Business Area 3) Centennial Lakes Park Centrum, 7499 F n e Avenue South Dated o"S Signed ' Signed nd sworn to before me, a Notary Public in a . r Hennepin unty, Mi nesota, this day of , 205. NANCY J. KARKHOFF Gary p ab4imnee to 9/97 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on December 6, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a drainage and utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. 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 1, 2005 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: Vacation of Utility Easement -Lots 5 & 6 Parkwood Knolls 26th Addition RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBER 26, 2005. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by < `Acceptable ❑Opposed ❑Conditional Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by Qwest by Conditions: Location: ❑ Acceptable ❑ Acceptable ❑ Opposed ❑ Opposed Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 ❑ Conditional ❑ Conditional (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on December 6, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a drainage and utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. 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 1, 2005 Please publish in the Edina Sun Current on Thursday November 17 and November 24, 2005. Send two affidavits of publication Bill to Edina City Clerk 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 18, 2005, acting on behalf of said City I deposited in the United States mail copies of a Vacation Public Hearing Notice for a hearing to be held October 4, 2005, postage thereon duly prepaid, addressed to the persons at the addresses as shown on the mailing list (Exhibit B) attached to the original hereof, which list is on file in my office, said persons being those appearing on the records of the County Auditor as owners of the property listed opposite their respective names, as of two weeks prior to the date of the hearing; and that I also sent said notice to the following corporations at the indicated addresses whose property is exempt from taxation and is therefore not carried on the records of said County Auditor. WITNESS my hand and seal of said City this 18th day of Nov. . 2005 Edina`- ity Clerk Address Results 3011721340034 PARKWOOD KNOLLS CONSTR CO 4960 LINCOLN DR EDINA MN 55436 3011721340037 PARKWOOD KNOLLS CONSTR CO 4960 LINCOLN DR EDINA MN 55436 3011721340035 PARKWOOD KNOLLS CONSTR CO 4960 LINCOLN DR EDINA MN 55436 3011721340046 PARKWOOD KNOLLS CONSTR CO 4960 LINCOLN DR EDINA MN 55436 Page 1 of 1 3011721340036 PARKWOOD KNOLLS CON: 4960 LINCOLN DR EDINA MN 55436 http://gis.logis.org/edina/logismap/1gMailingLabels.asp 11/18/2005 LOGISMap Output Page TE LEMARK. TRL Parkwood Knolls 26th Vacation WILLOW MJpD RD Page 1 of 2 ®Legend Selected Features Street Name Labels ^/ Munk*al Boundary N' Creeks Parks ED Parcels http://gis.logis.orglservlet/com.esri.esrimap.Esrimap?ServiceName=ed LOGISMap_OV&Client... 11/18/2005 REPORT/RECOMMENDATION To: Mayor & City Council Agenda Item IV.E. From: Debra MangenConsent1171 City Clerk Information Only ❑ Date: November 1, 2005 Mgr. Recommends ❑ To HRA ® To Council Subject: Set Hearing Date Utility Action ® Motion Drainage Easement Vacation ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Motion adopting Resolution 2005-27 setting a hearing date of December 6, 2005 to consider the vacation of a drainage and utility easement between Lots 5 and 6, Block 1,C� PARKWOOD KNOLLS 26TH ADDITION. Info/Background: Carl Hansen has submitted a request for vacation of the utility and drainage easement between Lots 5 & 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION. In order to proceed with this request the Council must adopt a resolution setting a hearing for the vacation. Staff has prepared the necessary resolution for Council to adopt setting the hearing for December 6, 2005. Minnesota DEPARTMENT City Of Edina, o @ DEPARTMENT OF ADMINISTRATION �o ay 4801 West 50t" Street, Edina, Minnesota 55424-1394 Phone ❑ (952) 927-8861 TDD ❑ (952) 826-0379 Fax ❑ (952) 826-0390 Applicant PA. O W do 0 J�rJ .(.S (_OAK_ '(1_U Gt706) + Print Name Address Street Li N City/State Telephone No. qCj_ I t Z D 1 S Fax No. I C 2 U Z 9 I hereby petition the City Council of the City of Edina to vacate all of the following described public right of way pursuant to M.S. 412.851 and Edina Code Section 820: ❑ Street ❑ Alley Utility Easement Drainage Easement ❑ 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@cLedina.mn.us): Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? ❑ Yes ,X 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 certified mail upon the commissioner of natural resources by the City of Edina thirty days before any Council action. • Attach a copy of a scaled drawing showing in full detail the area proposed to be vacated. • Include the vacation fee of $400.00 with your application. THE MINNESOTA DATA PRACTICES ACT requires 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 that could cause your application to be denied. You are not legally required to provide the data, however, refusing to supply the data may cause your license to not be processed. Under MS 270.72, the City of Edina is required to provide the Minnesota Department of Revenue your MN Tax ID Number and Social Security Number. The Department of Revenue may supply Information to the Internal Revenue Service. In addition, this data can be shared by Edina City Staff, Department of Public Safety, Hennepin County Auditor, Bureau of Criminal Apprehension, Hennepin County Warrant Office, Ramsey County Warrant Office and other persons or 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 Date Initiated Signatu Number Revised 1/1/2005 Account No. 1001.4391 DRAINAGE AND UTILITY EASEMENT VACATION OCTOBER 25, 2005 The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. W S 30 SCALE I EXHIBIT DRAINAGE AND UTILITY EASEMENT VACATION OCTOBER 25, 2005 o� z� o B L O C K L E:,'7 DRAINAGE AND UTILITY EASEMENT TO BE VACATED RIDGE CIRCLE 5 DRAINAGE AND UTILITY EASEMENT - Anderson Engineering of Minnesota, LLC. C I V I L E N G I N E E R I N G A N D L A N D S U R V E Y I N G 112295-1 13605 IST AVENUE NORTH, SUITE 100, PLYMOUTH, MN 55441 TEL 763 383-1084 FAX 763 383-1089 RESOLUTION NO. 2005-97 CALLING FOR PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE EASEMENT PARKWOOD KNOLLS 26TH ADDITION City of Edina BE IT RESOLVED by the City Council of the City of Edina as follows: 1. It is hereby found and determined that the following described property should be considered for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and 462.348, Subd. 7: 2. This Council shall meet at 7:00 P.M. on the 6th day of December 2005, for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The City Clerk is authorized and directed to cause notice of said hearing to be published once a week for two weeks in the Edina Sun -Current, the official newspaper of the City, to post such notice, in at least three public and conspicuous places, as provided in Minnesota Statutes. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on December 6, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a drainage and utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The westerly 5 feet of Lot 5 and the easterly 5 feet of Lot 6, Block 1, PARKWOOD KNOLLS 26TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the southerly 5 feet, and southerly of the northerly 10 feet of said Lots. 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 authoritv of anv person, corporation, or municipality owning or controlling Cit, ejqjitflic, telephone or 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 poles and lines, gas and sewer www.cityofedina.com or water pipes, mag",40d8861 FAX 952-826-0390 TTY 952-826-0379 Resolution No. 2005-97 Page Two 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 1, 2005 Passed and adopted this 1St day of Novembil—� 2005 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 is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of November 1, 2005, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of , 2005. Debra A. Mangen, 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 S`I SET TI AEI I' iT TA T T E"�'IEW #2 —04 Proposed Property/Area To Be Vacated: Vacation of Utility Easement -Lots 5 & 6 Parkwood Knolls 261h Addition RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBER 26, 2005. THANK YOU City Engineer by Centerpoint Energy by Xcel Energy by Time Warner Cable by Qwest by Conditions: Location: ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional NJ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 FROM (MON) 11. 14' 05 11 :23/ST. 11 : 23/NO. 4862350063 P 1 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 506, Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD 0 (612) 826-0379 Fax ❑ (612) 826-0390 Proposed Property/Area To Be Vacated: Vacation of Utility Easement -Lots 5 & 6 Parkwood Knolls 26th Addition RETURN TO EDINA CITY CLERK NO LATER THAN SEPTEMBER 26, 2005. THANK YOU City Engineer by Centerpoint Energy by Xcel Energy by Time Warner Cable by Qwest by V �/y� IG Conditions: Location: ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable .❑ Opposed ❑ Conditional 'Acceptable ❑ Opposed ❑ Conditional Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 in City of lidi�1� November 8, 2005 Ms. Kathy Blomquist Xcel Energy 414 Nicollet Mall - GO -7 Minneapolis, MN 55402 Re: Pending Utility Vacation, Lots 5 & 6, Parkwood Knolls 26th Addn - City of Edina Dear Kathy: 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. 2005- 5 - Utility Easement, Lots 5 & 6, Parkwood Knolls 26thAddn The City Council has scheduled the public hearing for this vacation on December 6, 2005. 1 would very much appreciate your response by Monday, November 28, 2005, 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. Sincerely, �- I "1 0' Debra Mangen City Clerk Enclosures 952-927-8861 City Hall FAX 952-826-0390 4801 WEST 50TH STREET WwW.cit ofedina.com TTY 952-826-0379 EDINA, MINNESOTA, 55424-1394 Y City OF Edli a November 8, 2005 Mr. Kelly Doonan Time Warner Cable 9075 Data Park Minnetonka, MN 55343 Re: Pending Utility Vacation, Lots 5 & 6, Parkwood Knolls 26th Addn - City of Edina Dear Kelly: 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. 2005- 5 - Utility Easement, Lots 5 & 6, Parkwood Knolls 26th Addn The City Council has scheduled the public hearing for this vacation on December 6, 2005. I would very much appreciate your response by Monday, November 28, 2005, 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. Sincerely, Debra Mang en V City Clerk Enclosures City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 www.cityofedina.com 952-927-8861 FAX 952-826-0390 TTY 952-826-0379 City of Edina November 8, 2005 Mr. Shawn Sandberg Qwest 2800 Wayzata Blvd. Minneapolis, MN 55405 Re: Pending Utility Vacation, Lots 5 & 6, Parkwood Knolls 26th Addn - City of Edina Dear Shawn: 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. 2005- 5 - Utility Easement, Lots 5 & 6, Parkwood Knolls 26th Addn The City Council has scheduled the public hearing for this vacation on December 6, 2005. I would very much appreciate your response by Monday, November 28, 2005, 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. Sincerely, Debra Mangen City Clerk Enclosures City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 ``'-p 71 U. c1h, of 1' c ina l November 8, 2005 Mr. Steven Von Bargen Center Point/Minnegasco P.O. Box 1165 Minneapolis, MN 55440-1165 Re: Pending Utility Vacation, Lots 5 & 6, Parkwood Knolls 26th Addn - City of Edina Dear Steven: 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. 2005- 5 - Utility Easement, Lots 5 & 6, Parkwood Knolls 26th Addn The City Council has scheduled the public hearing for this vacation on December 6, 2005. I would very much appreciate your response by Monday, November 28, 2005, 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. Sincerely, r Debra Mangen City Clerk Enclosures City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 www.cityofedina.com 952-927-8861 FAX 952-826-0390 TTY 952-826-0379