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HomeMy WebLinkAbout2004-07-06 UTILITY EASEMENT - 5400 EDENMOOR STREETnewspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper 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. City of Edina (Official PubliCatien) (13) The printed public notice that is attached was published in the newspaper once each . CITFOFIWINA week, for two successive week(s); it was first published on Thursday, the 17 day NOTICE OF PUBLIC BEARING ON VACATION OF UTILITY of June 2004, and was thereafter printed and published on every Thursday AND DRAINAGE EASEWNTs IN THE CITY OF EDINA to and including Thursday, the 24 day of June 2004; and printed below IIENNWINCOilNMIIINNMOTA E IS HEREBY GIVEN that the City Council_ofth� NOTICE is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby City of Edina; Minnesota � # r4get aj,*^Z�=�W,00 acknowledged as being the size and kind of type used in the composition and publica- P.M. in the Council Chamb&i at 4W public utility and drainage easements to be vacated: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY tion of the notice: EASEMENTS TO BE VACATED abcdefgh&lmnopqrstuvwxyz The north 10.00 feet of Lot 1� Block 1, RICHMON HILLS 2ND ADDITION, according to the recordedD plat thereof; Hennepin County, Minnesota, which lies, east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. All persons who desire to be heard with respect to the ques- 13Y� tion of whether or not the above proposed ptreet right of —7 way and utility and drainage vacation is in the public in - CFO terest and should be ma&&aU be heard at said time and place. The Council shall consider the extent to which such Proposed street vacation-efiscts existing easements with- in the area of. the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controllingeleab* Subscribed and sworn to or affirmed before me telephone or cable television poles and hnes, gas and sewer lines, or water pipes, mains, and hydrants an or under the on this 24th day of June .2004. " of the proiloied vacation, to continue maintaining the same or to enter upon such easement area or p.ortiQn there- of vacated to maintain, repair, replace, remp-, ' or 00mr- wise attend thereto, for the purpowd apd4ifying, in -"Y - such vacation resolution, the extent to which any or all of such easement, and such auth� to maintain, and-to enter upon the area of 1 the,propossd vacation, shall,con- Notary Public tinue. 0400 --------------------------- 0.0- 4Y ORDER OF THE EDINA crii' COUNCIL' Ekbra A. Mangen, City Cleqh,'; Aloft AW MARY ANN CARLSON aated: June 10,' 2,0-0, -2m NOTARY PUBW — M**IEWrA MY COMMW" EXPIRES 1.3140 (June 17 & 24;"2604 acation 2b 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 ler line City of Edina July 19, 2004 Mr. Jerome P. Gilligan Dorsey & Whitney LLP 50 South 6"' Street Minneapolis, MN 55402-1498 RE: Notice of Completion for utility and drainage easement vacations Dear Mike: I am enclosing two copies of Notices of Completion for the two vacations granted by the Council July 6, 2004. Please have the Notice of Completion entered in the transfer record of the county Auditor and filed with the County Recorder. 1 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, 6OLt�' 0 24L� Debra A. Mangen City Clerk Enclosures: (2) City Hall 952-927-8861 FAX 952-826-0390 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826 0379 NOTICE OF COMPLETION OF PROCEEDINGS ON VACATION OF PUBLIC UTILITY AND DRAINAGE EASEMENTS (5400 EDENMOOR) PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota, on July 6, 2004, 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 and drainage purposes: That part of the drainage and utility easement described as follows: The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. The time of completion of proceedings and the effective date of said vacation is 6t' day of July 2004 BY ORDER OF THE CITY COUNCIL, CITY OF EDINA u - City Clerk Signed and sworn to before me, a Notary Public in and for the State of Minnesota, County of Hennepin, this �_ day of , 2004. ( G This document was drafted by: City of Edina '��_ Notary Public 4801 West 50th Street VAO � � �W Aav�H . Edina, MN 55424 A, RESOLUTION NO. 2004-62 o� e,,,,7" APPROVING VACATION OF UTILITY AND DRAINAGE EASEMENTS Yz o 5400 EDENMOOR • INCOReoRA69 City of Edina WHEREAS, a motion of the City Council, on the 15th day of June, 2004, 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 July 6, 2004, 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 July 6, 2004: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED: The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Passed and adopted this 6th day of July, 2004. Attest Debra A. Mangen, City Cly Dennis F. Maetzold, Mayor City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 www.cityofedina.com 952-927-8861 FAX 952-826-0390 TTY 952-826-0379 Resolution No. 2004-62 Page Two 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 is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of July 20, 2004 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 REPORT/RECOMMENDATION To: Mayor & City Council From: Wayne D. Houle, PE City Engineer Date: July 6, 2004 Subject: Vacation of Existing Drainage and Utility Easement of Lot 1, Block 1 of Richmond Hills 2nd Addition. Recommendation: Agenda Item # II.A. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ❑ Motion ® Resolution ❑ Ordinance ❑ Discussion Vacate a portion of existing Drainage and Utility Easement of Lot 1, Block 1 of Richmond Hills 2nd Addition. Info/Background: The proposed vacation of the existing easement is requested by the owner of the property located at Lot 1, Block 1 of Richmond Hills 2nd Addition (5400 Edenmoor Street). The owner is selling the property and is requesting that the northerly easement be vacated due to the encroachment of the existing garage and shed. See attached drawing. The home and garage was constructed in 1975. This easement was required for drainage and potential utilities at the time of platting in 1951. The adjacent Grandview Square development provides drainage to the north; therefore this easement is no longer required. Xcel Energy, Centerpoint Energy, Qwest, and Time Warner Cable do not object to this vacation. Staff recommends the vacation be approved. N 07� C � � gas al 0, 0.0 c� o rt � rt� rt -0 20 o. co 7 _- 7 f7E m V S 7 no _ n F � C E rt A 0 n 05. �7Z �( v a0 o�rr- =r v Oa D �0v rt0 O woo 0 0.3"0 rm0 0 E a rtw0 0 ;0 a) N v rn0v :E w I v n �� o o' m ,< � co p =rT A 0. P 0 N O 7 'N'� 03 N W C Ob to O { 0 z o� — 0.0.— o. En < w n n N O 50 r W 0 CS A o01p l O 7 � oI m o �D 0 CL rn 14 w so 0 rt rt O -E 0 O 500 D 3 r m 0 IL el z \ m �o��\ m ? Oo ANNDIYD His L avD/ADpn �. r� �— �D rnz 14 r ZONZ .�Vl $2 CZ oM pC �= o -M � v H 0 O 500 D 3 r m 0 IL el z \ m �o��\ m ? Oo ANNDIYD His L avD/ADpn �. 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 & Drainage Easement, 5400 Edenmoor Street RETURN TO EDINA CITY CLERK NO LATER THAN JUNE 30, 2004. THANK YOU [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 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 & Drainage Easement, 5400 Edenmoor Street RETURN TO EDINA CITY CLERK NO LATER THAN JUNE 30, 2004. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional �Q �O �Z Centerpoint Energy by�`Acceptable F-1 Opposed E] Conditional Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by Qwest by Conditions: Location: ❑ Acceptable ❑ Acceptable ❑ Opposed ❑ Opposed Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 ❑ Conditional ❑ Conditional 06/30/2004 10:37 9913526835721 FISHER XcelEnergy NORTHERN STATES POWER Facsimile Cover Sheet TO: Debra Mangen Company: City of Edina Phone: Fax: 952.826.0390 From: Kathy Blomquist Address: 414 Nicollet M811- GO -7 Minneapolis, MN 55401 kethleen.a.blomquist@xcelenergy.com Phone: 612/330-5604 Fax: 612/330-6590 Date: 30JUN2004 Number of pages including this 3 cover sheet: Re: Proposed Vacations•; 2004-02* 0.2 04-03 PLEASE SEE ATTACHED. ORIGINAL BY CERTIFIED MAIL TODAY. THANK YOU. (06 2004.321-.322-.323. PAGE b1 ,06/30/2004 10:837 9913526835721 FISHER rRuc uc ,Xcel EnergysM M li 414 Nicollet e Minneapolis, Minnesota 554011993 June 30, 2004 VIA FACSIMILE: 952.826.8861 AND CERTIFIED MAIL Debra Mangen — City Clerk City of Edina 4801 West 5& Street Edina, Minnesota 55424-1394 Re: yAcation File Nos. 2004-1.-2 and -3 Dear Ms. Mangen: I am writing In response to your letter of June 14, 2004, requesting that we submit comments regarding the referenced pending vacations. 2004-2. Xcel Energy has no objection to said vacation, provided that easement rights be retained in favor of Northern States Power Company d/b/a Xcel Energy over the south 5.00 feet of the part of White Oaks Road to be vacated. 2004-3. Xx st herein we will has no ection to said requesting that anion; and as no y easement rights be iretainle' ed. Very truly yours, r Kathy Blomquist Right of Way Agent Siting and Land Rights (612) 330-5604 2004.321-3 1\FNPCPGOOMHomelbinmkoZVACRESP\2004.321 2 3 edina mangen.doo City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 501h Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax 0 (612) 826-0390 Proposed Property/Area To Be Vacated: Utility & Drainage Easement, 5400 Edenmoor Street RETURN TO EDINA CITY CLERK NO LATER THAN JUNE 30, 2004. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by OF �Livm^w� © Acceptable ❑ Opposed ❑ Conditional Qwest by ❑ Acceptable ❑ Opposed ❑ Conditional Conditions: Location: Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 50th Street Edina, MN 55424 Telephone: 826-0408 Fax: 826-0390 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION Nfo ay 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (952) 927-8861 TDD ❑ (952) 826-0379 Fax ❑ (952) 826-0390 PUBLIC RIGHT OF WAY VACATION APPLICATION Applicant: The Estate of Robert William Thomale Address 5200 Willson Road, Suite 150, Edina, Minnesota 55424 Telephone No. 952-836-2642 Fax No. 952-512-8973 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 ❑ Drainage Easement ❑ Other x Utility Easement Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk: Dmangen(cDci.edina.mn.us): See attached Sent via email 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 $375.00 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 Jile- '�f, ,') d 0`t Sign Revised 1/1/2004 /f; Account No. 1001.4391 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE 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 July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and drainage easements to be vacated: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1,. and which lies west of the east 10.00 feet of said Lot 1. 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: June 10, 2004 TO BE PUBLISHED IN THE EDINA SUN CURRENT, THURSDAY, JUNE 17, 2004 AND THRUSDAY, JUNE 24, 2004. SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK .� 078 b/ Q10 7 S77/N ONO Q .do 83H�N O� w/06 a O LLJ \o b o 01 \4j \ T \\ z \tion Q 0�`G• W J G•E a O ° N 3 - 4 - to O ILo O -C to I CD a i- 3 I - o _0 ° 1 0 V)o v -C j z 1 c o I ° i 1w a ao-p w c 1 C z _ �J �> 0 Cl) 4 o Y +r c O I Q atU � - N I •L m �, E L o � vi a� Z =Z o -J 00 �\ v o z to t� ma Z oa �^ ` J o o > I o �z o �z o -° CN w ° N U) o o to E °; c O pJ < _� �� U �.(n C N Y w= z Zs T� rng w z c J Z N o Z r N p �' O ff-+ 'J O C x0 � w0 (D T p W I O F-_ = Z= �Q-:3°� O V J V C tU 0 'p p +� Z '> �> �- z� o tn� �\ 3 a°� o (nn m < ` 0 �I C _ U J - �O a v �J Z W N 4 Q �> 41 o 0 N F < �= Q � � w p, co 3 0 \ J C, ai J WQ LL, C� �� Jto Qy to } o °� c°n 04 j �^ Z �Y� 0 o O N < C5 O� i �` � Q NQ C -Q Z 0-00 J z U� N L rY-, cn 3 n \� Z = O N O J' N ��� a- Z c v.. W 090 O LLI 3 cn W c ° N Z - o > O U 0 3 QU ct _U _ < m N t 0 <> 3 =c3 =M W z o z z c LL J N w w °— _ M M NM w a -C _ N h )0 CL N oho _ 01 v _ ---- ----- oov, (A " 0 0 LLI -w CL 0 I X = -ro O/ zo�-Icj-)0000,�rE Cl. I-00 +J — p 5 0 %. r 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 aiW_.-id Proposed Property/Area To Be Vacated: Utility & Drainage Easement, 5400 Edenmoor Street RETURN TO EDINA CITY CLERK NO LATER THAN JUNE 30, 2004. THANK YOU City Engineer by Centerpoint Energy by Xcel Energy by Time Warner Cable by Qwest by A"o t 4zo too f Conditions: Location: ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Acceptable ❑ Opposed ❑ Conditional [X Acceptable ❑ Opposed ❑ Conditional Please sign and return indicating receipt of notice. Thapk you for your cooperation. / �Id Return to: City Clerk �t Xkj City of Edina 0 4801 W. 50th Street Edina, MN 55424 Z, Telephone: 826-0408 Fax: 826-0390 w,� City Of Edina, Minnesota o e DEPARTMENT OF ADMINISTRATION .�y 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (952) 927-8861 TDD ❑ (952) 826-0379 Fax ❑ (952) 826-0390 PUBLIC RIGHT OF WAY VACATION APPLICATION Applicant: The Estate of Robert William Thomale Address 5200 Willson Road, Suite 150, Edina, Minnesota 55424 Telephone No. 952-836-2642 Fax No. 952-512-8973 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 ❑ Drainage Easement ❑ Other X Utility Easement Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk: DmangenQci.edina.mn.us): See attached Sent via email 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 $375.00 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 �/yIG %, d tl� Signature Revised 1/1/2004 Account No. 1001.4391 N (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE 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 July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and drainage easements to be vacated: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. 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: June 10, 2004 TO BE PUBLISHED IN THE EDINA SUN CURRENT, THURSDAY, JUNE 17, 2004 AND THRUSDAY, JUNE 24, 2004. SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK ♦ • I1 ` OJGivelOIsiI� SO��OH���Obujy a'� d' w LL - O 0d . 1 O Zor I `V O � ' 1 rI 01 I 1 1 w G' NEN O U +++' o jL a= I cfl 3 I— w I o N o o t jz I c J L N a a (D ° c c 1 > �$ ° Ic < Z = J U fA o Y eco O Ig a U •i CL O m Z(� -j O 04-1 0 O O \ +r C '° O Z d 7 f� m< UJ_ r \\ U L (A pp > c N Z Z O 0 co x-0 ON ON O�LLO �m -JN 23 NEZ O OVI o ¢ N v WS Z ZS T� (� Q C � J la. -C j to O = N wZM 0-0O ix V -p z >JV t!1 > z 3 avcn D N m � M IX r C \ C� �L O r O < DO �4� \ J � c) Q w ^ �, V o z <rnN w � J C, -V NL. 3 J w Iry x °o`� W �� Z o ito � p� I ` < .L oo a N �) c +r 3 CO V J ° N \ Z O 00 F- O co l�\ N l�\ ZO 9 o J a:� 04G W U >; N 0Q11 Z +' 3 — o ° <> < O U- 3 I'§ U c _ U p 0 < m Nt Oo I- N "° d M Z z o= Q o w J N p _ W � o o - M N M M w i -C N H m %% D o 01 R 1`I oo0 (f) O `` / ' a C 00 o Zo 00"FO O O t O� CLI 1-- t O o00 ' O - � I 0 - I � O YN (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE 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 July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and drainage easements to be vacated: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. 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: June 10, 2004 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF POSTING NOTICE I, the undersigned duly appointed and acting L Z� O for the City of Edina, County of Hennepin, State of Minnesota, do hereby certify that I have on this date posted copies of the attached Special Meeting Notices. At each of the official City bulletin boards, located at conspicuous places within the City as follows: 1) City Hall, 4801 West 50th Street 2) Municipal Liquor Store, 50th and France Business Area 3) Centennial Lakes Park Centrum, 7499 France Avenue South Dated Signed Signed and sworn to before me, a Notary Public in a d Hennepin o nty, Minnesota, this day of , 20& nI/ w NANCY J. KARKHOFF 9/97 NOTARY PUBUC-MINNESOTA My Commission Expireshn.31, 2005 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE 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 July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and drainage easements to be vacated: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. 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: June 10, 2004 TO BE PUBLISHED IN THE EDINA SUN CURRENT, THURSDAY, JUNE 17, 2004 AND THRUSDAY, JUNE 24, 2004. SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK Smooth Feed Sheets'" 1 Use temptate for 51600 2811721340013 2811721340042 3311721210076 M N AND S RY CO FILKINS IRENE N THOMALE ROBERT 105 S 5TH ST 5TH & MARQUETT 5225 GRANDVIEW SQUARE #101 5400 EDENMOOR ST MPLS. MN 55407 EDINA MN 55436 EDINA MN 55436 2811721340038 3311721210003 3311721210077 R E C INC. M N AND S RY KANTER MARK A 7500 78TH ST W 24 ADDRESS UNASSIGNED 5404 EDENMOOR ST EDINA MN 55439 �I EDINA MN 0 I I EDINA MN 55436 3311721220037 � 3311721220038 NEMEC IAN BOYT WILLIAM NEMOCOVA SIMONA 5405 EDENMOOR ST 5241 EDENMOOR ST EDINA MN 55436 EDINA MN 55436 I� I milffle-,AVERY0 laser 59607m STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF MAILING NOTICE I, the undersigned, being the duly qualified acting City Clerk of the City of Edina, Minnesota, hereby certify that on the following date June 24, 2004, acting on behalf of said City I deposited in the United States mail copies of the attached: Vacation Area Map, plus letter explaining the vacation enclosed in sealed envelopes, with postage thereon duly prepaid, addressed to the persons at the addresses as shown on the mailing list (Exhibit B) attached to the original hereof, which list is on file in my office, said persons being those appearing on the records of the County Auditor as owners of the property listed opposite their respective names, as of 10 days prior to the date of the hearing; and that I also sent said notice to the following corporations at the indicated addresses whose property is exempt from taxation and is therefore not carried on the records of said County Auditor. WITNESS my hand and seal of said City this 24th day of June, 2004. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF MAILING NOTICE I, the undersigned, being the duly qualified acting City Clerk of the City of Edina, Minnesota, hereby certify that on the following date June 24, 2004, acting on behalf of said City I deposited in the United States mail copies of the attached: Vacation Area Map, plus letter explaining the vacation enclosed in sealed envelopes, with postage thereon duly prepaid, addressed to the persons at the addresses as shown on the mailing list (Exhibit B) attached to the original hereof, which list is on file in my office, said persons being those appearing on the records of the County Auditor as owners of the property listed opposite their respective names, as of 10 days prior to the date of the hearing; and that I also sent said notice to the following corporations at the indicated addresses whose property is exempt from taxation and is therefore not carried on the records of said County Auditor. WITNESS my hand and seal of said City this 24th day of June, 2004. Edina qKy Clerk N z CN I-ph. I O Cr'� m -mi A O C) 00 = rn O 0D m O �o ° U) � CL rn 0 -� O a O C: -00 r ?o ° ° OCD -� r 0 CD M m D LW L4 o °, m o r z _ aM o - 0 CO n — O0 D f t° O — CO O - z ice+ p m� n m � z o 3N C°° 0= z (D C) c°n�crn rt �N o3z O FD D �N O CDCD CD -� o- ° ° Oe4'z 0 NO" ° a�0 CD O r a fi rn cl) to _ O Z) W (n 0 V) ° v CD 4 C z o CD a a - 0 (D (D- r+ C S m O 0 r 3 (�D CD �aCD ° z �� o-,< C c N O o CD O CD N O D C 3 N O O fi °- 0 CD < m ° ���� cn1 0c° o P z 0 °- a m �— c 3 m cn�3co rn� Co OCD 5 I to A j i CDD CD 0 z1 rn I u, 3 0 O �,. r` rn (n N O ° N m D r m �■_G r--""% � z CN I-ph. Cr'� m -mi A NZ 1, r1� u .1) 10 i f 40 fpti �� s\ ,VC) zX14 oNECOPN �O 1 R FHM ND HIOL LOT I. e CO LOC S 2ND K I ADDITION I. �91N�,I.r�r 0� Pi V� v � �y • tNCORPOR.aCF9 � RESOLUTION NO. 2004-53 CALLING FOR PUBLIC HEARING ON VACATION UTILITIES EASEMENTS 5400 EDENMOOR STREET City of Edina BE IT RESOLVED by the City Council of the City of Edina as follows: 1. It is hereby found and determined that the following described property should be considered for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and 462.348, Subd. 7: 2. This Council shall meet at 7:00 P.M. on the 6th day of July 2004, 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: CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE 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 July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and drainage easements to be vacated: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The north 10.00 feet of Lot 1, Block 1, RICHMOND HILLS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 10.00 feet of said Lot 1, and which lies west of the east 10.00 feet of said Lot 1. 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. City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 Resolution No. 2004-53 Page Two BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen, City Clerk Dated: June 10, 2004 Passed and adopted this 15th day of June 2004. Attest Debra A. Mangen, Cijy Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA 1 al� 4, &A�" 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 June 15, 2004, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of 2004. Debra A. Mangen, City Clerk 'w91�11'� wCity Of Edina, Minnesota o e cn DEPARTMENT OF ADMINISTRATION 0 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (952) 927-8861 TDD - (952) 826-0379 Fax ❑ (952) 826-0390 PUBLIC RIGHT OF WAY VACATION APPLICATION Applicant: The Estate of Robert William Thomale Address 5200 Willson Road, Suite 150, Edina, Minnesota 55424 Telephone No. 952-836-2642 Fax No. 952-512-8973 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 ❑ Drainage Easement ❑ Other x Utility Easement Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk: Dmangen(a�ci.edina.mn.us): See attached Sent via email 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 $375.00 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"r��cT �% ? d V `t Signature l Lk� Revised 1/1/2004 Account No. 1001.4391 7 N O O I O Oo 0 cn OD v FO IV L4 L4 N O O P O 00 O O O a f r N O � 3 0 0 CD O-1 O CD CD n -11O CD Q S CD 0 Q- O o Q a -4% CD 0 CD CD �° rn O - O -^ O =O Q- CD 7 — * O S� CC) =r O n — ( T. O O — O. CDro `G n 050 =rc CD O = Q eV) � o�z o- 0 O Fp > --h (1) O CD 0 � Q to p O e -l -Z N O _ 0 a�0 r a CD 0 O CD �. (o to fi O LGE r � IL M co U) O v)ov CD m � 0 Z C �CD o�-0 J o Q ���(D O r ° �QCD C z _? N Kin 0-`< N vi o CD Ln O r+ 7 CD N co C (A CD CD =n V a0� N O{ CD m D D + s o pl z o a -., a CD 3 0 c7 D %< CO °gym r+ 0 : 41 N n 0 CD' CD Q `o I : f m O o 0 i Q aCD CD rnl I Co 3� o O ° O D � 3 r m LGE r � IL Z I•� N O �D r r m � 0 A , ' O , go ,'1-- 10 t� �l J Z < > �> <\ a J V /4 s) 10 OFA Nc O � � 0� Q ., 1 •O DHM NDEH DF l0 ITIS2ND /ADp,T N �. 00 I � THE LAW FIRM OF CALVIN R. KUHLMAN 5200 WILLSON ROAD, SUITE 150 EDINA, MINNESOTA 55424 PHONE: (952) 836-2642 FAX: (952) 512-8973 June 4, 2004 Hand Delivered City of Edina, Minnesota Department of Administration 4801 West 50t' Street Edina, MN 55424-1394 Attention: Debra Mangen RE: 5400 EDENMOOR STREP:' PUBLIC RIGHT OF WAY VACATION APPLICATION ESTATE OF ROBERT WILLIAM THOMALE Dear Debra Mangen: I am writing this letter on behalf of the Estate of Robert William Thomale. In this regard, enclosed please find a Public Right of Way Vacation Application. The purpose of the Application is to vacate a utility easement on the real estate located at 5400 Edenmoor Street, Edina, Minnesota. The legal description of the area proposed to be vacated has been sent to you via email. If you have not received it please give me a call and I will re -send it to you. In connection with this application, enclosed please find a check in the amount of $375 which is the amount due the City of Edina as a vacation fee. If any other information is needed in connection with this application, please contact me at your convenience. Because of a pending sale of the real estate in question, time is of the essence. Yours truly, Calvin R. Kuhlman c: Robert William Thomale Jr. Personal Representative of the Estate of Robert William Thomale Page 1 of 1 Deb Mangen From: Cal R. Kuhlman [Cal.Kuhlman@waldenauto.com] Sent: Thursday, May 27, 2004 3:33 PM To: Deb Mangen Will the enclosed legal description suffice for purposes of the Public Right of Way Vacation Application? My phone number is 952-512-8836 or 952-836-2642. 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GRAND \ } / J t c ....................«................................ ......«......... -4z �, Hes used the same to be surve�n .. , - f«rever, the drainage and utility eaa '" .�✓ a+In witness whereof said R.E.C., Inc, !•1 _. __ r • �•• � v ' �` - �, � �` ''� SCOT A STA'T'E OF • •� . r ' ••f �► COUNTY OF • . :.�. �, INC_, � `t�� >61 The forejoing instrumoent was ackn • .. �,1.:•• c'�,, , R.E.C., Inc, a irftnetota corporatior ..5` :/LTi ` I '�► `` O 21 E 172.28 _ ..,tib 11 CIt I hereby certify that I have serve ` ,• ��j©• �j , ' +�1.� ter . • ; 115.5 representation of said survey, the �.,�"► �j. a �L;' ..� 5. placed in the ground as shown a .•••�«..�.�.k'~..��J `Q„ ,,, ; ;,,,-_ { • • I Cdefined in Minnesota Statutes, Se ..« ��•�ryr�•�—•• .._ ,� `, rte} / 7 `\ 2�r••= . , ���j' I I STATE OF MINNESOTA 00 J COMITY OF HENNEPIN ' ' �sr �$' • • I .� The foregoing surveyor's certificat+ 00 2.00 EDINA, MINNESOTA •0 I � I \ This plat O GRANday S�QU ' % ..... hold this ,. JZ day of _ 10 _ the County Highway Engineer havi Irecommendations, as provided by -n /n /r-�D/n / V/ VL_i // V I © +I I � • , • Z CITY COUNCIL OF TKCITY 01= E BY: 00 I I ; • ., I / lVI I/ V/ VL- L/ //-'1 3I W cI I ft I TAXPAYER SERVICES DEPARTMEI _ M S 16?,9� I (�' J I hereby certify that taxes pays zlJ .--------- - __-- 20_ 115.5 \4 Z 2! U2; t� �NDRAINAGE do UTILITY EASEMENT— • Patrick H. O'Connor, Hennepin t sr• :._ o -------;-567' 19'55"E 32.49 x b b I.'' z_ SURVEY DIVISION, Hennepin Cot Litt l_1 14IVI V VR \ -_:2.S-- i i a WEST 148.215 11.42'=:�� 47 35 36 w 19.6 Pursuant to Minnesota Statutes \-N89*47'55"W 180.41---- - William P. Brown, H*nnepin Cot k Ant v rl IV1 v v L.,\r,1 REGISTRAR OF TITLES, Hennep* C;K r� L_L.; 7 1 11 ^ � I hereby certify that the within c.I VU nVLj o'clock 50 Michael H. Curtniff, Registrar ,a