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HomeMy WebLinkAbout2002-11-19 DRAINAGE EASEMENT LOT 1, BLK 3 ARROWHEAD POINTE�1p�A tel\ O ee t� O N� \cORFe`POSNS��� City of Edina January 23, 2004 Mr. Jerome P. Gilligan Dorsey & Whitney LLP 50 South 6t' Street Minneapolis, MN 55402-1498 RE: Notice of Completion for utility and drainage easement vacation Dear Mike: I am enclosing two Notices of Completion for a vacation granted by the Council in 2002. Please have the Notice of Completion entered in the transfer record of the county Auditor and filed with the County Recorder. I believe the County will return the documents to my office after the recording is complete. If you need further information, please call. Thank you for your cooperation. Sincerely, Debra A. Mangen� City Clerk Enclosures: (2) City Hall — (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC UTILITIES AND DRAINAGE (ARROWHEAD POINTE) PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on November 19, 2002, adopted a Resolution Vacating the Easement for Public 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 easement vacation be made, which resolution ordered the vacation of the following described easement for public utility purposes: That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 24.34 feet; thence South 14 degrees 44 minutes 00 seconds East 8.40 feet; thence South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. The time of completion of proceedings and the effective date of said vacation is 19th day of November 2002. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA — �Q_QIU_A �JA City Clerk Signed and sworn to before me, a Notary Public in and for the State of Minnesota, go4nty of Hennepin, this day'o , 2003. This document as drafted by: JMEILa Public City of Edina�y push . wne�tr+� ry 4801 West 50th Street Edina, MN 55424 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UITILITY EASEMENTS 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 May 20, 2003, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public right-of-way easements to be vacated: CITY OF EDINA XERXES AVENUE SOUTH VACATION PARCEL: That part of Lot 5, "Cassini s Outlots", according to the recorded plat thereof and situated in Hennepin County, Minnesota described as follows: Commencing at the point of termination of Line 1 hereinafter described; thence northerly along said Line 1 a distance of 232.20 feet; thence deflecting 47 degrees 30 minutes to the right and running northeasterly along a line hereinafter referred to as Line 2, a distance of 164.00 feet to the point of beginning of the parcel to be described; thence along a tangential curve, concave to the south, having a radius of 7.05 feet (delta angle = 121 degrees 58 minutes 14 seconds) for a distance of 15.01 feet; thence southerly along a reverse curve, concave to the northeast, having a radius of 627.00 feet (delta angle = 8 degrees 51 minutes 45 seconds) for a distance of 96.98; thence southerly along a reverse curve, concave to the west, having a radius of 380.58 feet for a distance of 129.20 feet, more or less, to a point on a line drawn parallel with and 40.00 feet westerly of the east line of said Lot 5; thence southerly parallel with said east line of Lot 5 a distance of 30.26 feet; thence along a tangential curve, concave to the northwest, having a radius of 25.00 feet for a distance of 39.49 feet, more or less, to a point on a line drawn parallel with and 65.00 feet northerly of the south line of said Lot 5; thence easterly parallel with said south line of Lot 5 to an intersection with the east line of said Lot 5; thence northerly along said east line of Lot 5 to an intersection with the northeasterly extension of said Line 2; thence southwesterly along said northeasterly extension of Line 2 to the actual point of beginning. Line 1: Beginning at a point on the north line of said Lot 5, distant 221.10 feet west of the northeast corner of said Lot 5; thence southerly to a point on the south line of said Lot 5, distant 219.10 feet west of the southeast corner of Lot 5 and there terminating. Containing 20,196 square feet more or less. 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: April 11, 2003 Please publish in the Edina Sun Current April 24, and May 1, 2003 Send two affidavits of publication Bill to Edina City Clerk RESOLUTION NO. 2002-103 VACATION OF UTILITY EASEMENTS City of Edina LOT 3, BLOCK 1, ARROWHEAD POINTE ADDITION WHEREAS, a motion of the City Council, on the 15th day of October, 2002, 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 November 19, 2002, 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 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; 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 November 19, 2002, That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 37.12 feet; thence South 14 degrees 44 minutes 00 seconds East 12.81 feet; thence South 75 degrees 16 minutes 00 seconds West 34.84 feet to the point of beginning. BE IT FURTHER RESOLVED that the vacation of the easement is conditioned upon the proponent move the existing water line to a place approved by the City Engineer and totally at the expense of the proponent. 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 19`h day of November 2002. City Hall 1 (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 ATTEST: ' ��- City Clerk J Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA )SS 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 November 19, 2002, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 2 ,20 City Clerk FRA McComks Frank Roos Associates, Inc. Letter of Transmittal TO: City of Edina 4801 West 50th Street Edina, MN 55424 WE ARE SENDING Q Attached ❑ Messenger ❑ Under separate cover Engineering • Planning • Surveying 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 763/476/6010 • fax 7631476/8532 email. mfra@mfra.com DATE 11-15-02 JOBNO. 13996 ATTENTION Wayne Houle CLIENT Ron Clark RE: Lot 3, Block 1 Arrowhead Pointe — Watermain Relocation ❑ FedEx Q Mail ❑ UPS The following Items: ❑ Shop Drawings ❑ Prints ❑ Change Order ❑ Specifications ❑ Copy of Letter Q Plans ❑ Samples ❑ REMARKS Wayne, we have revised the plan per your comments and moved the watermain slighty to avoid significant tree loss Thank you for your assistance. COPY TO Mike Roebuck, Ron Clark Const. SIGNED Erik W. Miller If enclosures are not as noted, kindly notify us. 17 S 8289# 3snol i 9NIlSIX� ly T / / zzc9# P 1 iSnOH 9NIISIX:l I , A1IlIlf1 '8 39HNIb'21Q -IIJN€ G:a S:lI kII II3 fl idd9 V�u-,N:H a , 4: dry N ` 1 I E 10.1 30,.1331:-.091!, 11839MOS. AEI H Q31V301 SV NIHWN31dM--\ JJV�Vuu AI� M I I ° 43 O;kVM3d 8d w e-- o / w Ad/h3^I�Q `)Nr1SIX3 l ���-01 40 0l (SNOIkIQNOO Q13I3 'JNIISIX3 p g; '" •» „„ 1 ?J d Q3NIW8313Q NOIIVJOI> o Ad00138 3S 01 NIVWd31dM'—\I U 00- Ct 41 00 _ o `�+ N A � aY QQ�.': 01 o j 1 aCL \ �, cy t� I i w 11 1 01 H / i q w p0.01, t 00 00 I � ' �> 91 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 Proposed Property/Area To Be Vacated: Utility Easement Lot 3, Block 1, Arrowhead Pointe. City Engineer by ❑ Acceptable Reliant by ©t -`I qXrt-0 [Z Acceptable Xcel Energy by © 4- Time Warner Cable by Acceptable LovT A4W -5sp 'w ❑ Acceptable QAA Qwest by © V 4-:Pw0fK) ® Acceptable Conditions: Location: ❑ Opposed conditional ❑ Opposed ❑ Conditional ❑ Opposed ❑ Conditional ❑ Opposed ❑ Conditional ❑ 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 NOU-15-2002 14:16 RELIANT ENERGY 612 321 5400 P.01i01 Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Awowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest comer of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125-00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds Fast, a distance of 24.34 feet; thence South 14 degrees 44 minutes 00 seconds East 8.40 feet; thence South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. s:timain:wonl]g961ptars�rlrsina5e-utiliryeascmcnt ! (_ � s--(1 z CenterPoint Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice. Stev ,n Von Bargen Right -of -Way Administrator CenterPoint Energy Minnegasco TOTAL P.01 FROM (FRI)1'1.15'02 11:33/ET.11:28,/N0.4662350768 P 1 Jx" - 1: 4. P ttrc ig c e s QWEST COMMUNICATIONS 6244 CEDAR AVENUE SOUTH RICHFIELD, MINNESOTA 55423 PHONE: 612- `I - 727 0 1 _ FAX: 612-861-8173 DATE l 1- 1 S- ZOU Z CGVFR SPIEET PLUS --_ PAGE(S) PLEASE DELIVF,P TO R�6�cc:A �04� ECL I ,L! 5Z_ 8z�_- a3�,o FROM 076E F 2 FROM -[ / / 1 — r - - /CORNEF 73 3a -' 11 1 11 1 a 11 1 Il �l 1 1� til 7Z� 11 6 `t� 1 5 REVISION 1 — 10/16/02 { VAGA17ON AREA 0768 P 2 NDN 15050 231-d Avenue North FIRA Plymouth, Mrnnesoto - 55447 phone 763/476-6010 McCombs Frank Roos fox 763/476-6532 Associates, Inc. E—Moil: mfro&tmfra. com BKPG Scole NONE 9f awri Pfo*t No. FHZ 1 13996 Date! Sheet No. 10/14/02 t 1 of 1 EASEMENT VACATION EXHIBIT LOT 3, BLACK L ARRawNEAD POINTE RON CLARK CONSTRUCTION INC. y 7 C 1 0 m v 1 $ � I o 1' o 1� O f' G1 f f �g.� if � 1! � Z NDN 15050 231-d Avenue North FIRA Plymouth, Mrnnesoto - 55447 phone 763/476-6010 McCombs Frank Roos fox 763/476-6532 Associates, Inc. E—Moil: mfro&tmfra. com BKPG Scole NONE 9f awri Pfo*t No. FHZ 1 13996 Date! Sheet No. 10/14/02 t 1 of 1 EASEMENT VACATION EXHIBIT LOT 3, BLACK L ARRawNEAD POINTE RON CLARK CONSTRUCTION INC. 7 C P R��WP'{ 0 m v c o � NDN 15050 231-d Avenue North FIRA Plymouth, Mrnnesoto - 55447 phone 763/476-6010 McCombs Frank Roos fox 763/476-6532 Associates, Inc. E—Moil: mfro&tmfra. com BKPG Scole NONE 9f awri Pfo*t No. FHZ 1 13996 Date! Sheet No. 10/14/02 t 1 of 1 EASEMENT VACATION EXHIBIT LOT 3, BLACK L ARRawNEAD POINTE RON CLARK CONSTRUCTION INC. FROM (FRI) 11. 15' 02 11 :34%QST. 11 :28iNO. 4862350768 P 3 Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Arrowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 24.34 feet; thence South 14 degrees 44 minutes 00 seconds Last 8.40 feet; thcrnce South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. s:lrinin:Von t 399f1p1ees�drainage-utilityeuemen t RESOLUTION NO. 2002-94 CALLING FOR PUBLIC HEARING OF VACATION OF DRAINAGE UTILITY EASEMENT LOT 3, BLOCK 1 - ARROWHEAD POINTE City of rdina 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 19th day of November, 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 EASEMENTS 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 November 19, 2002, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described drainage and utility easements: Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Arrowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 37.12 feet; thence South 14 degrees 44 minutes 00 seconds East 12.81 feet; thence South 75 degrees 16 minutes 00 seconds West 34.84 feet to the point of beginning. All persons who desire to be heard with respect to the question of whether or not the above proposed 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 City Hall (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 Resolution No. 2002-94 Page 2 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. Passed and adopted by the Edina City Council this 15f day of October 2002. Attest: Debra A. Mangen, City(CAerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) v Dennis F. Maetzold, 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 October 15, 2002 and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of Debra A. Mangen, City Clerk 009TS .easel RICHARD T & LISA M CURTIN 5509 70TH ST W EDINA MN 55439 BRIAN R & BELINDA S HEEB 6318 MCINTYRE PT EDINA MN 55439 THOMAS M & DIANE L VERTIN 501 NEBRASKA AVE BRECKENRIDGE MN 56520 DAVID W & DONNA A GADTKE 4830 JUNEAU LA N PLYMOUTH MN 55446 PAMELA UDONALD C FRAZIER JR 6305 MCINTYRE PT EDINA MN 55439 ARROWHEAD LAKE DEVEL LLC 7500 78TH ST W EDINA MN 55439 HENRY A & TRACY J CORNELIUS 6322 TIMBER TR EDINA MN 55439 DAVID L & LINDA MONA 6328 TIMBER TR EDINA MN 55439 c2091S jod aleldwal asn Resident 6314 McIntyre Point Edina, MN 55439 l aI k 1 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE UITILITY EASEMENTS 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 November 19, 2002, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described drainage and utility easements: Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Arrowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 24.34 feet; thence South 14 degrees 44 minutes 00 seconds East 8.40 feet; thence South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. All persons who desire to be heard with respect to the question of whether or not the above proposed 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: October 15, 2002 To be published in the Edina Sun Current Thursday, October 24 and October 31, 2002 Bill to Edina City Clerk Send two affidavits of publication NER LOT oR 3, BOK. CD a � \ TM. \ R5 00 v 0 EW 'a 2 (Z REVISION 1 - 10/16/02 ( VACATION AREA MODIFIED) HDN S 5 � 7 R i- ¢o oQRAl.o 8 ¢¢. ac�511 R1 ! 1 ¢0 OO F 100-W 575 6 22 4 \ \ N BK/PG Scale 15050 23rd Avenue North NONE EASEMENT VACATION FRAPlymouth, Minnesota • 55447 Drawn Project No. EXHIBIT phone 763/476-6010 FHz 13996 LOT 3, BLOCK 1, ARROWHEAD POINTE fax 763/476-8532 rq� AssoFrank at sine Dote sheet No. RON CLARK CONSTRUCTION INC, E—Mail: m fraCQYn fra. cam t 0/14/02 1 of 1 \ / / I / I \ vx--� / I NW CORNER 1 .�� L01 3, BOK. �� pR x \\ t.\ £E REVISION 1 - 10/16/02 ( VACATION AREA MODIFIED) HON 15050 23rd Avenue North FPPlymouth, Minnesota • 55447 i A phone 763/476-6010 )mbs Frank Roos fax 763/476-8532 Associates, Inc. E—Mail. mfrc@mfra.com 'p0•W S�5 / 22.84 . BKPG Scale NONE Drawn Project No. FHZ 13996 Date Sheet No. 10/14/02 1 of 1 EASEMENT VACATION EXHIBIT LOT 3, BLOCK 1, ARROWHEAD POINTE RON CLARK CONSTRUCTION INC. RESIDENT 6310 MCINTYRE PT EDINA, MN 55439 RESIDENT 6318 MCINTYRE PT EDINA, MN 55439 RESIDENT 6322 MCINTYRE PT EDINA, MN 55439 RESIDENT 6314 MCINTYRE PT EDINA, MN 55439 RESIDENT 6645 MCCAULEY TR EDINA, MN 55439 RESIDENT 6305 MCINTYRE PT EDINA, MN 55439 RESIDENT 6311 MCINTYRE PT EDINA, MN 55439 RESIDENT 6322 TIMBER TR EDINA, MN 55439 RESIDENT 6328 TIMBER TR EDINA, MN 55439 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE UITILITY EASEMENTS 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 November 19, 2002, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described drainage and utility easements: Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Arrowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 24.34 feet; thence South 14 degrees 44 minutes 00 seconds East 8.40 feet; thence South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. All persons who desire to be heard with respect to the question of whether or not the above proposed 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: October 15, 2002 To be published in the Edina Sun Current Thursday, October 24 and October 31, 2002 Bill to Edina City Clerk Send two affidavits of publication 491N��Ll. w City Of Edina, Minnesota �° @ � DEPARTMENT OF ADMINISTRATION Ngo ay 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone El (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 PUBLIC RIGHT`OF WAY VACATION APPLICATION Applicant A tOoc, 1, L b Polw7o A44 rev, ,6 S Print Name Address 7smp U)- 7�Y ��: Cj IA(A /V1 All SSfG.3f� Street City/State Zip Telephone No. 7 sa ` 9 el 7 ` 30W Fax No. ! -'OZ— / y 1 ` 3026 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 Dd Utility Easement KDrainage Easement ❑ Other Legal description of the area proposed to be vacated: 1-D_1 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 $330.00 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: i4 Address /Sa 0 � • ! Telephone Number ! Sz r 7� •30D0 Date Initiated OCTCAEA /d 2DOZ. Signature. Revised 1/1/2002 Account No. 1001.4391 OCT 1 .: 1007 Construction & Design Date: 11/13/02 To: Edina, City of Craig Larson 952-826-0371 952-826-0390 From: Michael Roebuck 952-947-3022 952-947-3030 Subject: Lot 3, Block 1, Arrowhead Pointe Re: Easement Vacation Attached for you use are 12 sets of Exhibits 1-3 for your use and distribution. Also are 12 copies of the letter sent by Ron Clark to the Cornelius's. Thank you for you assistance on this matter. If you have any questions please contact either Ron or myself CC: Ron Clark Documentl Page 1 11/13/02 7500 West 78g` Street Edina, A& 55439 952-947-3000 952-947-3030 Fax TRANSMITTAL Date: 10-19- 2002 To: Henry and Tracy Cornelius 6322 Timber Trail Edina, Mn. 55439 From: Ron Clark Ron Clark Construction 7500 West 78'x' Street Edina, MN 55439 Re: Lot 3 Block 1, Arrowhead Pointe Since talking with you a few days ago Tracy, I thought it would be helpful if you could see a full size site plan/map of the area showing both your lot and house location and our lot 3 and proposed house location. Therefore, I had the engineering company we work with prepare such a plan and if we could meet and review this plan I feel it would be beneficial and help to reduce or relieve your concerns. It seems to me without seeing and understanding the relationship of both homes, this unknown can cause heightened or perhaps over concern. I could also show you the building plans of the home we designed and the features to maximize privacy. I would be happy to meet any time, any place at your convenience. Please call me at the office 952-947-3010 or my cell # 612-670-3429. P S—I have enclosed a company brochure to familiarize you with some of our residential work. .` 00 r Transmitted via (Please check) Fax: Cover page plus ___pages Mail Originals: Not sent , Mailed XX Hand Deliver 10-19-02 — Pickup Messenger Copy To: 10-2s-02 Lot 3, Arrowhead Pointe Vacation of Easement Key Dates and Events 5-15-96 Preliminary plat prepared by R. P. Smith Land Planning Consultants dated 5-15- 96 was used at city council for preliminary plat and final plat approval. 7-15-96 Received preliminary plat approval from city council conditioned upon a "no build easement covering the Southerly 150 feet of Lot 3" 9-16-96 Received final plat approval from city council conditioned upon a "no build easement covering the Southerly 150 feet of Lot 3" 11-14-96 Final development plans dated 11-14-96 were prepared by McCombs, Frank Roos Associates. In these final development plans for some reason the connection point at the street for the diagonal water line across lot 3 was moved 21 feet to the North as compared to the location as approved on the preliminary plans. This was not discovered until recently. This expanded drainage and utility easement area considerably reduces the buildable width of the home on lot 3. This is a separate issue from the "No Build" area as the proposed home is well outside of the 150 feet "No Build" area required by city council. Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Arrowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 24.34 feet; thence South 14 degrees 44 minutes 00 seconds East 8.40 feet; thence South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. sAmainAron 13996\plats\drainage-utilityeasement (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE UITILITY EASEMENTS 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 November 19, 2002, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described drainage and utility easements: Vacate Part of Drainage and Utility Easement Lot 3, Block 1, Arrowhead Pointe That part of the drainage and utility easement within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 seconds East along the southwesterly line of said Lot 3, a distance of 125.00 feet; thence North 55 degrees 04 minutes 45 seconds East a distance of 44.92 feet to the point of beginning of easement area to be vacated; thence continue North 55 degrees 04 minutes 45 seconds East, a distance of 24.34 feet;. thence South 14 degrees 44 minutes 00 seconds East 8.40 feet; thence South 75 degrees 16 minutes 00 seconds West 22.84 feet to the point of beginning. All persons who desire to be heard with respect to the question of whether or not the above proposed 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: October 15, 2002 To be published in the Edina Sun Current Thursday, October 24 and October 31, 2002 Bill to Edina City Clerk Send two affidavits of publication i / i / NW CORN,, I SOT 3, SLI SS. \ \ \\ \\ t\ REVIs10N 1 - 10/16/02 ( VACA110N AREA 0 19;1- 48% 51-4 % / RSP �SE� P R�vEW P`( Q UQ 15050 23rd Avenue North Plymouth, Minnesota - 55447 phone 763/476-6010 FRA Roos fox 763/476-8532 M Associates, Inc. E -oil. mfro@mfro.com ate` w• '� 0641 1� BKPG Drawn FHZ Date 10/1 Scale NONE EASEMENT VACATION Project No. EXHIBIT 13996 LOT 3, X= L ARROWWAD POINTE Sheet No. RON CLARK CONSTRUCTION INC. 1 of 1 STATE OF MINNESOTA) ss. Ci FJ -U newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial 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 applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for two successive weeks; it was first published on Thursday, the 31 day of City of Edina " (i'1ltic%etlublieatian) CITY UF'EDP" 4801 WEST WM STREET . EDINA, MINNESOTA 56424 AMENDED NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE UITILITY,. .r •• 11~I'f'Y� CITIf'dF ' INA RENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on November 18, 2002, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for "=c "em'mg for do pro vacation of the following described drainage and u ' 'ty easement*: Vacate Part of Drainage and Utaity Eaegment Lot 3, Bloac'1, Arrowhead Pointe That part of the drainage and utility easement Within Lot 3, Block 1, Arrowhead Pointe, according to the recorded plat, Hennepin County, Minnesota, described as follows:. Commencing at the northwest cernerKof said Lot 3; thence on an assumed bearing of South 14 degrees 44 minutes 00 1 seconds East along the southwesterly line of said lot 3, a distance of 126.00: feet; thence North 55 Aegrees 04 min utes 45 seconds Easter distance of,44.92 feet to the point of beginning of easemen area to be vacated; thence con- tinue North 55 degrees 04 minutes 45 seconds East, a dis- tance of 37.12 feet; thence South 14 degrees 44 minutes 00 seconds East 12.81 feet; thence South 75 degrees -19 min- utes 00 seconds west 34.84 feet to the point of beginztipg, All persons who desire to be heard withrespect to the ques- tion of whether or not the above proposed utility,,,and drainage vgcatioa is,* the public intergst and -should be .a made shall be heard at said time and Place. the CC` ''i October , 2002, and was thereafter printed and published on every Thursday to and 'feet* the &a thority;of Pomui corpmtion, or m„nlc}" , P tY m c:Qu+ct c telephone or is television pq es an es, gas and sewer lines, or water including Thursday, the 7 day of November , 2002; and printed below is a copy of the pipes mala, %Okir& norund4the area dtheprojr posed vacation, .to continue maintaining the same or to lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the enter upon such easement area or portionthereofvacated to maintain, repair, replace, remove, or otherwise attend., size and kind of a used in the composition and ion o e notice: thereto, p" ofspecifying,xWrallofouucn"a`� type P P cation, the eateni taxhich angor all of such easement,, add suchauthority to maintain, and tow%sruponthe area abedefghijklmnopq uvwxyz of the pFoposed vacation, shall continue. BY ORDER OF THE �EDINA CITY COUNCIL ... Debra A. Mangan, City Clerk BY' Dated: October 15, 2002 CFO `4 (Oct 31 & Nov 7, 2002)DL Vacation Arrowhead Subscribed and before me day of 1 % 6 2002. h L o' X11 , Dqi ,I$EF o A ``k �ww+w"Z7 - - t 1 M> TRY M. HEDBLOM R; NOTARY PUBLIC•MINNESOTA x 1 MY COMMISSION EXPIRES 1.31.2005 ; ■ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law $ 2.85 per line $ 6.20 per line (3) Rate actually charged $ 1.40 per line STATE OF MINNESOTA) ss. v � newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial 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 applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for two successive weeks; it was first published on Thursday, the 24 day of October , 2002, and was thereafter printed and published on every Thursday to and including Thursday, the 31 day of October , 2002; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pub' onWno abcdefghijklmnopq vwxyz BY - CFO Subscribed and sworn to or affirmed (before me on this � day of 12002. ,yam 4 J v I V l Nota y P , ME NOTARY M. -MI:DBLOM NOTARY PUBUC•MINNESOTA MY COMMISSION EXPIRES 1.31.2005 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 $ 1.40 per line City Of Edi I NOT VACA at 7:00 P.M. in C1'Chambers 'at 4801 West Street for a for the . vacation of Ulowing de aisag�e and easements F. Vacate Part ad ` and Utilit,,yZaamteat Lot 3, Block 1, Pointe That part of 1 and titiH. easement within to j 3, Block 1 plat, Hennepin Cqa m , on an distan Utes 4 Of beg time.' tanee eeconc Utes 0 Allpej tion o drain made shall c cation �ti pality televte pipes, posed river bf said Lot 3 thi 14 degrees 44 minute 3terly line of said lAt torkh'55 degrees 04 i of 44.82 feet to the p eeo$nd 22.34 feet to the point of beginning onew tolleheard wiihrespect tothe ques and e theme pu�c interest and ansed d h ukf fall be at said time and place. The Council iaider, t is which such proposed streetma 4Feyts easemente within the area of, the d vacs tbe.eatentto whish the vacation of, a au Ijt Person, corporation, or mupiel- caning electric, telephone or cable 4 poleg hoes, 'gas and sewer linea, or waiter sine, ants on or under the area ofthe pas station, itinue maintaining the same or to enter upon auea easement area or portion thereofvacated to maintain, seydsce, remove, or otherwise atter lb thereto, for the P, of specifying, in any such vacai resoution, the t towbich any or all ofsuch easement, and such au'thorit7r frmeinte in, and to enter upon the area_ of the proposed vicataon, ab ill continue. BY OMOIEB� OAF �+ Emt CITY douNcm Debra A. Ci Cier d.a Dated: October P. 2002 (October 24 & 31, 2002)Dl/Easement Arrowhead