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HomeMy WebLinkAbout2005-08-16 UTILITY EASEMENT 5532 VERNON AVENUE4�91Nr�\ o �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 0\ City of Edina 20 ICOR YC�N.wO • 3fl[3 N W+ + E s 10 20 F PUBLIC HEARING FOR VACATING UTILITY EASEMENT 5532 VERNON AVENUE CIT of EDINA Location Map W �- 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. c a wl =I ERN�N w z Q J Q O CD 0 15 30 60 v Ni 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. §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 00000000 M M M M M M M M lqT 0 Iq Ln V 0 IV Ln IT LO 19t LO 14' LO It Ln In 0 Ln Ln 0 Ln LO In Z z Z z Z Z Z Z aaQaQQaQ zzzzzzzz 00000000 WW WWWWWW QQ ix wW0 cl g F mU)0 F- z z O } ZZz z 000 O N rl- r � N 0 O O LLO LL( L� to to J J w 0 Z 0 J p J Y W W J Q O J a Z = Z Z Q W N Z C> -Q- m w < LU C) LuF~- O z>Q J N Z 7 tx) U -)O �U%i Q U) 0 z 0 J W W Q JZWc�a W0 J O J m W Z Q 0 J LU U W -J -.3ZW�Z Z= Z Q a N m JW �>-a0W W z0wmYe Fowzwo< � F- O Q W Q W w J Q W0WMIM qWU O � N M M M Ln r - C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �- �- N N M � V- 04 N N N N N N N N N N N N N N N M M M M M M M M aaan.aaaa LOGISMap Output Page Page 1 of 1 4513 6513 6518 651? o 'r, Asn 7m3 r`�f rr rf ' VERNON V� S I asm Zmm P f 9372 / r 4.16 <aaerzi w.tl AetiAi$-C wBE}LO `i{ 2006 0 1 Oft http://gis.logis.org/servlet/com.esri.esrimap.Esrimap?ServiceName=ed LOGISMap_OV&ClientV... 7/25/2005 LOGISMap Output Page Page 1 of 1 http://gis.logis. org/servlet/com. esri.esrimap.Esrimap?ServiceName=ed_LOGI SMap_O V&ClientV ... 7/25/2005 SW8 53,3 5513 5512 d O fI7 m zs 55,z � Ss,z 6 D 5618 z J . i 5621 i J ' � s / 5e00 VEfiNON AVE S O x z 560d O 99lJO Z °z 5606 SS28 Maq isaaai:.im +k ,S„Ccppag`N,C}LtXitS {, ,2605 0! 124t http://gis.logis. org/servlet/com. esri.esrimap.Esrimap?ServiceName=ed_LOGI SMap_O V&ClientV ... 7/25/2005 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.