HomeMy WebLinkAbout2005-08-16 UTILITY EASEMENT 5532 VERNON AVENUE4�91Nr�\
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�y
City of Edina
October 7, 2005
Mr. Jerome Gilligan
Dorsey & Whitney Law Firm
50 South 6th Street
Minneapolis, MN 55402
RE: Vacation Notices of Completion
Dear Jerry:
I am enclosing two copies each of the Notice of Completion for the vacation of utility
easement a 5532 Vernon Avenue and the alley vacation on the Haugland property
at 50th and France. Please have them recorded in the Hennepin County Records.
Thank you for your assistance with this matter.
Sincerely,
Debra A. Mangen U
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
Doc No 8672191 10/12/200512:27 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy 55 TranslD 148652
Fees
$35.50 DOC Y
$10.50 SUR
$2.00 COPY°
$48.00 Total'r
NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF
PUBLIC UTILITIES EASEMENT
PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on
August 16, 2005, adopted a Resolution Vacating the Easement for Utilities 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 utilities vacation be made, which resolution ordered the
vacation of the following described easement for public right-of-way purposes:
PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE
VACATED:
That part of the Westerly five foot utility easement on Lot 8, Block 1,
Danijohn's Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The East 2feet of the South 30 feet of the North 33 feet of said Utility
Easement.
The time of completion of proceedings and the effective date of said vacation is 16th day of September
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'_ day of _(D Ooh% , 2005.
This document was drafted by JANE M. TIMM
City of Edina Nomry Pub ommewta
4801 West 50th Street MYOwwnWdonBOW JM 31, 2(
Edina, MN 55424
Public
Doc No 8672191 10112/200512:27 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy 55 TranslD 148652
Fees
$35.50 DOC
$10.50 SUR
$2.00 COPY
$48.00 Total
NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF
PUBLIC UTILITIES EASEMENT
PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on
August 16, 2005, adopted a Resolution Vacating the Easement for Utilities 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 utilities vacation be made, which resolution ordered the
vacation of the following described easement for public right-of-way purposes:
PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE
VACATED:
That part of the Westerly five foot utility easement on Lot 8, Block 1,
Danijohn's Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The East 2feet of the South 30 feet of the North 33 feet of said Utility
Easement.
The time of completion of proceedings and the effective date of said vacation is 16th day of September
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 -7 day of OC % /�— , 2005. J"*,\
This document was drafted by: 1 I yx yy y V
City of Edina JANE M. TIMM Notary Public
4801 West 50th Street Notary Pubtia Weveft
`+ my Cwmft lon 6tpkee den 91.8M0
Edina, MN 55424 '`°
NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF
PUBLIC UTILITIES EASEMENT
PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on
August 16, 2005, adopted a Resolution Vacating the Easement for Utilities 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 utilities vacation be made, which resolution ordered the
vacation of the following described easement for public right-of-way purposes:
PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE
VACATED:
That part of the Westerly five foot utility easement on Lot 8, Block 1,
Danijohn's Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The East 2feet of the South 30 feet of the North 33 feet of said Utility
Easement.
The time of completion of proceedings and the effective date of said vacation is 16th day of September
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 '-,7 day of () LjhJ , 2005.
This document was drafted by.=`- . JANE M. TIMM
City of Edina NotaryPubUo-Minnesota Rary Pu Ilc
4801 West 50th Street `'' ' N1jrC—mWO"Expires Jon 9',2MO
Edina, MN 55424
3
RESOLUTION NO. 2005-72
VACATING OF EXISTING UTILITY EASEMENT City Of Edina
5532 VERNON AVENUE
WHEREAS, a motion of the City Council, on the July 19, 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 August 16, 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 utility easements are
hereby vacated effective as of August 16, 2005:
PROPOSED LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT
TO BE VACATED:
That art of the Westerly five foot utility easement on Lot 8, Block 1,
Danijohn's Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The East 2 feet of the South 30 feet of the North 33 feet of said Utility
Easement.
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 16+, day of August, 2005.
City Hall 952-927-8861
4801 WEST 50TH STREET I FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
ATTEST: v
City Clerk Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby
certify that the attached and foregoing Resolution was duly adopted by the Edina City
Council at its Regular Meeting of August 16, 2005, and as recorded in the Minutes of
said Regular Meeting.
WITNESS my hand and seal of said City this lay of — , 20 e
Ci Clerk
PA
%4
Oi
REPORT/RECOMMENDATION
To: Mayor & City Council
Agenda Item #
II.A.
From: Wayne D. Houle, PEConsent
❑
City Engineer AI*Information
Only
❑
Date: August 16, 2005
Mgr. Recommends
❑ To HRA
® To Council
Subject: Vacation of Existing Utility
Action
F-1 Motion
Easement: Lot 8, Block 1,
®Resolution
Danijohn's Addition
❑ Ordinance
❑
Discussion
Recommendation:
Vacate a portion of existing utility easement on Lot 8, Block 1, Danijohn's Addition.
Info/Background:
The owner of the property located at 5532 Vernon Avenue requests the proposed
partial vacation of the existing utility easement. The owner needs to reconstruct the
existing garage. The location of the home in relation to the westerly property line does
not provide enough space for a two -car garage without encroaching into the existing 5 -
foot easement, see attached sketch.
The City of Edina Utilities, Centerpoint Energy, Xcel Energy, Qwest, and Time Warner
Cable do not object to this vacation. Staff recommends the vacation be approved.
�^l Easement Vacation
w
ow e, ot 5532 Vernon Avenue
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City of Edina 20 ICOR YC�N.wO •
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PUBLIC HEARING
FOR
VACATING UTILITY
EASEMENT
5532 VERNON AVENUE
CIT of EDINA
Location Map
W
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Y
5352
PROJECT LOCATION
i* CITY OF EDINA Vacation Area
asosrr az as a History:
• Danijohn's Addition platted in 1961.
• Typical 5 -foot utility easement at
perimeter of subdivision.
• Homeowner reconstructing garage.
o� °'TY aForr�u Utility Information:
• Edina Utilities, Centerpoint
Energy, Qwest, Time Warner,
and Xcel Energy do not object
to vacation.
ON Be CET, aFarHa Staff Recommendation:
• Vacate portion of utility
easement to accommodate
new garage.
2
33.00'
VACATION AREA
f
Lot 8
Block 1
I Danijohn's Addition
�
01 5532 Vernon Ave.
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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 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. §331 A.02, §331 A.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 28 day
Of July , 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the 4 day of August , 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:
abcdefgNklmnopgrstuvwxyz Clty.of Edina
(ONicfal Publlcat�n)
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
BY: VACATION OF UTILITY EASEMENT
5632 VERNON-AVENUE
CFO IN THE CITY OF EDINA
HENNEPIN COUNTY MINNESOTA
Subscribed and sworn to or affirmed before me
on this 4 day of _ August , 2005.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 131-08
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
NOTICE IS HEREBY GIVEN that the City Council of the
City of Edina, Minnesota will meet on August 16, 2005,
at 7:00 P.M. in the Council Chambers at 4801 West 50th
Street for a portion of utility easement to be vacated:
PROPOSED LEGAL DESCRIPTION OF PUBLIC`.
RIGHT-OF-WAY TO BE VACATED:
That part of the Westerly five foot utility ease-
ment on Lot 8, Block 1, Danijohn's Addition, ac-
cording to the recorded plat thereof, Hennepin
County, Minnesota, described as fottoww
The East'2feet of the South 30 feet of the
North 33 feet of said Utility Easement.
All persons who desire to be heard with respect to the
question of whether or not the above, proposed sheet
right of way and utility and drainage vacation is in the
public interest and should be made Shall be hoOrdiat said
time and place. The Councit shall consider the extent to
which such proposed. street vacation affects existing
easements within the area of theproposed Vacation and
the extent to which the vacation affects the authority of
any person, corporation, or municipality owning or con-
trolling electric, telephone or cable television poles and
lines, gas and sewer lines, or water pipes, maths, and hy-
drants on or under the area of the proposed vacation, to.
continue maintaining ;he'samd or to iSfiter u—i '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 resolu-
tion, -the extent to which any or all of such easement, and
such authority to maintakt; and to enter upon the area of
tho proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Debra A. Mangan, City Clerk
Dated: July 14, 2005
(July 28 8 Aug. 4, 200W1/Vac Ntc 2005-2 5552 Ver-
non
AUG -10-2005 08:48
CENTER PT ENERGY
37 .q
-#�- %7,'Z •
1Y
612 321 5480 P.01i01
City Of Edina, Minnesota
DEPARTMENT OF ADMINISTRATION
48M West 501h Street, Edina, Minnesota 554241394
Phone 0 (612) 927-8861 TDD 0 (612) 826-0379 Fax 0 (612) 826-0390
Proposed Property/Area To Be Vacated: Wity Basement - 5532 Vernon Avenue N
RETURN TO EDINA CM CLERK NO LATER THAN AUGUST 9, 2005. THANK YOU
City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional
rib A'8nterpoint Energy by Acceptableosed
❑ Opp ❑ Conditional
Xcel Energy by
Time Warner Cable by
Qwest by,
Conditions.
❑ Acceptable
❑ Acceptable
❑ Acceptable
❑ Opposed
❑ 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: 8260390
❑ Conditional
❑ Conditional
❑ Conditional
TOTAL P.01
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
Proposed Property/Area To Be Vacated: Utility Easement - 5532 Vernon Avenue, Edina, MN
RETURN TO EDINA CITY CLERK NO LATER THAN AUGUST 9, 2005. THANK YOU
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: City Clerk
City of Edina
4801 W. 50th Street
Edina, MN 55424
Telephone: 826-0408
Fax: 826-0390
8- 9-05; 9:11AM;QWEST ;95123815571 # 2/ 2
City Of Edina, Minnesota
DEPARTMENT OF ADMINISTRATION
4801 West 501h Street, Edina, Minnesota 55424-1394
Phone 0 (612) 927-8861 TDD 0 (612) 826-0379 Fax 0 (612) 826-0390
A41,
--v
Proposed Property/Area To Be Vacated: jIgIft Easement - 5532 Vernon Avenue, Edina, MN
RETURN TO EDINA CITY CLERK NO LATER THAN AUGUST 9, 2005. THANK YOU
City Engineer by,
Centerpoint Energy by
Xcel Energy by.
Time Warner C
,,*Ie by—
Qwest bv(-&.
Conditions:
Location:
❑ Acceptable ❑ Opposed ❑ Conditional
❑ Acceptable ❑ Opposed ❑ Conditional
❑ Acceptable ❑ Opposed ❑ Conditional
❑ Acceptable ❑ Opposed ❑ Conditional
mAcceptable ❑ 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, NW 55424
Telephone: 826-0408
Fax: 826-0390
8- 9-05; 9:11AM;QWEST
FAX COVER SHEET
DATE: 08/09/2005 MIR 10:55
TOTAL NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 2
rO: Debra Mangen
FIRM NAME: City of Edina
FAX NUMBER: q12-826-0390
FROM: SHAWN SANDBERG
PHONE: 612-381-5562
FAX: 612-381-5571
COMMENTS
;96123815571
uH
Qwe sty,
Spiry; vl scrvlce"
A
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
Proposed Property/Area To Be Vacated: Utility Easement - 5532 Vernon Avenue, Edina, MN
RETURN TO EDINA CITY CLERK NO LATER THAN AUGUST 9, 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
] 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
(Official Publication)
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF UTILITY EASEMENT
5532 VERNON AVENUE
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 August 16, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street
for a portion of utility easement to be vacated:
PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE
VACATED:
That part of the Westerly five foot utility easement on Lot 8, Block 1,
Danijohn's Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The East 2feet of the South 30 feet of the North 33 feet of said
Utility Easement.
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: July 14, 2005
(Official Publication)
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING .ON
VACATION OF UTILITY EASEMENT
5532 VERNON AVENUE
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 August 16, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street
for a portion of utility easement to be vacated:
PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE
VACATED:
That part of the Westerly five foot utility easement on Lot 8, Block 1,
Danijohn's Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The East 2feet of the South 30 feet of the North 33 feet of said
Utility Easement.
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: July 14, 2005
Deb Mangen
From:
Deb Mangen
Sent:
Tuesday, July 19, 2005 10:04 AM
To:
legals@mnsun.com
Cc:
Jennifer Bennerotte
Subject:
Vacation Notice 2005-2.doc
Attachments: Vacation Notice 2005-2.doc
Mary Ann
Please publish the attached notice of public hearing in the Sun Current on July 28, 2005 and August 4, 2005. Call if you
have questions or problems. Thanks.
IN
Vacation Notice
2005-2.doc (30...
DebAa ✓btangza, "e
Edina City Clerk
Direct Dial (952)-826-0408
Fax (952)826-0390
DMangen@ci.edina.mn.us
Robin B & James C. Melville Carolyn M. Cornell Renee A Mueller
5521 Goya Lane 5516 Goya Lane 5600 Gate Park Road
Edina, MN 55436 Edina, MN 55436 Edina, MN 55436
Barbara J& Loren J Lorig
5517 Doncaster Way
Edina, MN 55436
Beckey & Scott Danielson
5521 Doncaster Way
Edina, MN 55436
Sirarpi & Allen Zehlke
5600 Johnson Drive
Edina, MN 55436
Eleanor Wagner Cathleen & Jonathan Godsall Mike Damon
5529 Vernon Avenue 5601 Johnson Drive 5532 Vernon Avenue
Edina, MN 55436 Edina, MN 55436 Edina, MN 55436
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RESOLUTION NO. 2005-63
CALLING FOR PUBLIC HEARING ON VACATION
OF UTILITY DRAINAGE EASEMENT
5532 VERNON AVENUE
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 16th day of August 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 UTILITY EASEMENT
5532 VERNON AVENUE
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
August 16, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a portion of
utility easement to be vacated:
PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED:
That part of the Westerly five foot utility easement on Lot 8, Block 1, Danijohn's
Addition, according to the recorded plat thereof, Hennepin County, Minnesota,
described as follows:
The East 2feet of the South 30 feet of the North 33 feet of said Utility
Easement.
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
City Kifich such proposeci street vacation
952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
Resolution No. 2005-63
Page Two
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: July 19, 2005
Passed and adopted this 19th day of July 2005.
Attest
Debra A. Mangen, C* 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 July 19, 2005, and as
recorded in the Minutes of said regular meeting.
WITNESS, my hand and seal of said City this%)Gq " ` day of 2005.
6,�r�0Va, "
Debra A. Manyen, City Clerk
REPORT/RECOMMENDATION
To: Mayor & City Council
Agenda Item V.J.
From: Debra Mangen
Consent1171 VN
City Clerk
Information Only ❑
Date: July 19, 2005
Mgr. Recommends ❑
To HRA
®
To Council
Subject: Set Hearing Date Utility
Action ❑
Drainage Easement
Motion
Vacation
❑
Resolution
❑
Ordinance
❑
Discussion
Recommendation:
Motion adopting Resolution 2005-63 setting a hearing date of August 16, 2005 to
consider the vacation of a utility easement at 5532 Vernon Avenue.
Info/Background:
The homeowner at 5532 Vernon Avenue has applied to the City for vacation of a
portion of a drainage easement on his property. 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 August
16, 2005.
491N��rr)r
o e .�� City Of Edina, Minnesota
o DEPARTMENT OF ADMINISTRATION
4801 West 50th Street, Edina, Minnesota 55424-1394
Phone ❑ (952) 927-8861 TDD ❑ (952) 826-0379 Fax ❑ (952) 826-0390
Applicant
Print Name s 5 T 3 b
Address s 5 3 a t1 0 �'
Street
Q n City/State Zip
Telephone No. - 15 a` I «�'QQ 5� Fax No.
I hereby petition the City Council of the City of Edina to vacate all of the following described public right of
way pursuant to M.S. 412.851 and Edina Code Section 820:
❑ Street ❑ Alley �& Utility Easement
❑ Drainage Easement
❑ Other
Legal description of the area proposed to be vacated (Please note all legal descriptions shall be
transmitted electronically to the City of Edin�City C.Llerk: ADmangen(qci.edina.mn.us): n L
T
or
❑ Yes [E No
u
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 Telephone Number
Date Initiated
Revised 1/1/2005
N)
-14-n5
00
Signature I ' U" I ' w - - - '
Account No. 1001.4391
That part of the Westerly 5 foot Utility Easement of Lot 8,
Block 1, Danijohn's Addition, according to the recorded
plat thereof, Hennepin County, Minnesota, described as
follows:
The East 2 feet of the South 30 feet of the North
33 feet of said Utility Easement.