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Home My WebLink About2009-06-17 PATHWAY EASEMENT - 5411 ABBOTT PLACESTATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Cal v newspapers AFFIDAVIT OF PUBLICATION 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 5_ day of June , 2003, and was thereafter printed and published on every Thursday to and including Thursday, the 12 day of June . 2003; 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 p ' on o notice: abcdefghijklmno vwxyz t BY: CFO Subscribed and swo "his day of or affirmed before me .N - MERIDEI. . HEDBLom sr NOTARY PUBLIC•MINNE207p h1Y COMMISSICN EXPIRES i.?i 6C!]6 ■ �Mv ✓c dwvY ■ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law 1 $ 6.20ep r line (3) Rate actually charged $ 1.40 oer line City of Edina (Official Publication) CITY OF EDINA 4801 WEST 60Th STREET EDINA, MINNESOTA 66424 NOTICE OF PUBLIC HEARING ON VACATION OF RIGHT OF•w" EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council ofthe City of Edina, Minnesota will meet on June 17, 2003, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a public right-of-way easements to be"dac`ated: All that part ofthe existing platted pathway lying adjacent to and northerly of the north line of Lot 7 and easterly of the easterly right-of-way of Abbot Place and westerly of Minnehaha Creek all in Block 2, White Investment Com- pany's Hidden Valley, Hennepin County, MN All persons who desire to be heard with respect to the ques- tion of whether or not the above proposed street right of way and utility and drainage vacation is in the public in- terest 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 with- in the area of the proposed vacation and the extent to which the vacation affects the authority of any person, cor- poration, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area ofthe proposed vacation, to continue maintaining the same orto enter upon such easement area or portion there- of vacated to maintain, repair, replace, remove, or other- wise 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 con- tinue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangan, City Clerk Dated: May 20, 2003 (June 5 & 12, 2003)DI/ Abbot Place&Minnehaha Creek o� e tt o GGT 0f Edina June 20, 2003 Mr. Mike Palm Palm Properties, LLC 2311 Wayzata Blvd. Minneapolis, MN 55405 RE: Notice of Completion for public right -of -vacation — 5411 Abbott Place Dear Mike: I am enclosing two Notices of Completion for a the City Council approved on June 17, 2003.. 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 RIGHT-OF-WAY (5411 ABBOTT PLACE) PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina, Hennepin County, Minnesota,. on June 17, 2003, adopted a Resolution Vacating the Easement for Public Right -of -Way 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 right-of-way purposes: All that part of the existing platted pathway lying adjacent to and northerly of the north line. of Lot 7 and easterly of the easterly right-of-way of Abbot Place and westerly of Minnehaha Creek all in. Block 2, White Investment Company's Hidden Valley, Hennepin County, MN The existing drainage and utility easements on the aforementioned property shall remain in full effect and are not vacated at this time. The time of completion of proceedings and the effective date of said vacation is 17th day of June 2003.. BY ORDER OF THE CITY COUNCIL, CITY OF EDINA City Clerk c. U Signed and swqFq to before me, a Notary Public in and for the State of Minnesota, CountyofHennepin, this day of , 2003. �-�� ; \ f� This document was drafted by: JMEKTMM v City of Edina 1107AWPUBUC-M►N1400 �oa�Pu ic 4801 West 50th Street 1AyC0MMMioee0=J %31,=5 Edina, MN 55424 06/10/03 TUE 08:27 FAX 330 6590 NSP DEL SY'S CONST Facsimile Cover Sheet To: Debra Mangen Company: City of Edina Phone: 952.927.8861 Fax: 952.826.0390 From: Kathy Blomquist Address: 414 Nicollet Mall - GO -7 Minneapolis, MN 55401 Phone: 6121330-5604 Fax: 6121330-6590 Date: 10J U N2003 Number of pages including this cover sheet: 2 Comments: Please see attached; orig by mail today. PLEASE PROVIDE ME A COPY OF THE ADOPTED RESOLUTION. Thank you, 16001 XcelEnergy NORTHERN STATES POWER Facsimile Cover Sheet To: Debra Mangen Company: City of Edina Phone: 952.927.8861 Fax: 952.826.0390 From: Kathy Blomquist Address: 414 Nicollet Mall - GO -7 Minneapolis, MN 55401 Phone: 612/330-5604 Fax: 612/330-6590 Date: 10JUN2003 Number of pages including this cover sheet: 2 Comments: Please see attached; orig by mail today. Thank you, 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: Pathway Easement 5411 Abbott Place RETURN TO EDINA CITY CLERK NO LATER THAN MAY 8, 2003. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpointe Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xcel Energy b �' E] Acceptable ❑Opposed Conditional K�BI..Dti1QU�sl,�t'f�ff-�a�-wq�. �6Uli Time Warner Cable by ❑ Acceptable ❑ Opposed ❑ Conditional Qwest by ❑ Acceptable ❑ Opposed ❑ Conditional Conditions: PRIG V /I7L�-D % f f/9 r AW L.4ES &-- ME AJ % / t\1 FA U 0 R, C, F YCE -L UJC- RGY S A�GSC-A)-VC-0 0 Vet rH - L,4S zzL y A:- 6F 54zkt*atimc� : PV -11 Please sign and return indicating receipt of notice. Thank you for your cooperation. Return to: City Clerk City of Edina 4801 W. 5011, 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 RIGHT-OF-WAY EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on June 17, 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: All that part of the existing platted pathway lying adjacent to and northerly of the north line of Lot 7 and easterly of the easterly right-of-way of Abbot Place and westerly of Minnehaha Creek all in Block 2, White Investment Company's Hidden Valley, Hennepin County, MN 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: May 20, 2003 Please publish in the Edina Sun Current June 5, and 12, 2003 Send two affidavits of publication Bill to Edina City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF MAILING NOTICE I, the undersigned, being the duly qualified acting City Clerk of the City of Edina, Minnesota, hereby certify that on the following date June 6, 2003, 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 6th day of June, 2003. E ' a ai Clerk 2002824210088 PLITNICK MARTIN B 5408 ABBOTT PL EDINA, MN 55410 2002824210088 GENEREUX PATRICIA J 5408 ABBOTT PL EDINA, MN 55410 2002824210097 HOKANSON BRAD 5409 ABBOTT PL EDINA, MN 55410 2002824210097 LUKE BONNIE 5409 ABBOTT PL EDINA, MN 55410 2002824210098 GREENE MARK J 5413 ABBOTT PL EDINA, MN 55410 2002824210098 GREENE HEATHER S 5413 ABBOTT PL EDINA, MN 55410 2002824210106 BURT ROBERT P 3300 55TH ST W EDINA, MN 55410 2002824210106 BURT MARGARET E 3300 55TH ST W EDINA, MN 55410 2002824210088 PLITNICK MARTIN B 5408 ABBOTT PL EDINA, MN 55410 2002824210088 GENEREUX PATRICIA J 5408 ABBOTT PL EDINA, MN 55410 2002824210097 HOKANSON BRAD 5409 ABBOTT PL EDINA, MN 55410 2002824210097 LUKE BONNIE 5409 ABBOTT PL EDINA, MN 55410 2002824210098 GREENE MARK J 5413 ABBOTT PL EDINA, MN 55410 2002824210098 GREENE HEATHER S 5413 ABBOTT PL EDINA, MN 55410 2002824210106 BURT ROBERT P 3300 55TH ST W EDINA, MN 55410 2002824210106 BURT MARGARET E 3300 55TH ST W EDINA, MN 55410 O f LIU REPORT/RECOMMENDATION To: Mayor & City Council Agenda Item # II. A. From: Wayne D. Houle, PE G Consent ❑ City Engineer Information Only ❑ Date: June 17, 2003 Mgr. Recommends ❑ To HRA ® To Council Subject: Vacation of Existing Public Action ❑ Motion Right-of-way adjacent to ® Resolution Abbott Place between 5411 ❑ Ordinance and 5409 Abbott Place. F-1 Discussion Recommendation: Vacate existing public right-of-way and retain all utility easements located between 5411 and 5409 Abbott Place as described and shown on attached Exhibit A. Info/Background: The owner of the property at 5411 Abbott Place requests the proposed vacation of the existing public right-of-way located between 5411 and 5409 Abbott Place. Reliant Energy and Quest have both approved the request. Time Warner Cable did not reply. Excel Energy has requested the easterly five feet be retained for utility purposes. A City owned storm sewer and sanitary sewer exist within the proposed vacation and cannot be relocated. Staff recommends the vacation be approved on condition of retaining all existing utility easements on the property. + "Exhibt A" Proposed Right -of -Way Vacation 5409-5411 Abbott Place City of Edina 5404 5405 3225 J 24 5406 5407 --- 0 24 5408 00ProposedPublic 5409 Right -of -Way To Q Be Vacated 10 10.1 5411 24 5413 5417 5419 5415 24 24 24 24 3,300 Description of ROW to be Vacated (Retain all Utility Easements): All that part of the existing platted pathway lying adjacent to and northerly of the north line of Lot 7 and easterly of the easterly right-of-way of Abbott PI and westerly of Minnehaha Creek all in Block 2, White Investment Company's Hidden Valley, Hennepin County, MN W + E °•, , d� S 0 WHITE 1NVES T1WfNT LOIYP4NY'5 HIDDEN VALLEY ED/NA . IVINNE5 0 TA - EGAN, FIELD 9 lVoiVA K 6 CA LE 90 g and ,Quot-s' asolig.- JUNE, 1938. L L 5,4.LH- �.5-r /?49--,1" z L4 L 9 JLn J1TU / S0+82 0 ~ oc) ED m M LO 5408 ><-Q 540§) TR=851.15 z o INV=849,55 0_, 12 1� v' co CD+ 6 4 3,69 CMP T� B � 6 S •.fig �� C,�,jP� z + OC) �� s�1 CUll D CD Ln S1+10 I 0 +CD Z 'C^ \M V 1 W W U1 152124 R) co INV=842.65 84 37 14 . INVg4 24 VCP @ _.... _ . _ IN t"=bo JUN -17-2003 09:57 DHA U OF 11 5126242750 F'.t_t1 June 17, 2003 Ms. Debra A. Mangen City Clerk Fax: 952-826-0390 City of Edina CI TY SEAL JUN Y 7 2003 ITEM II.A. It is my understanding that a hearing will be held this evening on a vacation of right of way. The easement is immediately south of my property at 5409 Abbott'Place in Edina. I am unable to attend the meeting due to a previous commitment. It is also my understanding that the ten foot easement will be divided between the two properties at 5409 and 5411 Abbott. I have discussed this matter with Mr. Michael Palm who is the owner of the property at 5411 Abbott and who initiated the action for the vacation. I am in support of the vacation and believe it would benefit both our properties and the city. Brad Hokanson 5409 Abbott Place Edina, Minnesota, 55410 952-926-2510 TOTAL P.01 m z m 0 Z T r- r / O / ]Eo— o��ohhU) mX- n � <rCpQCC) � DooC) O I --r+ �Z m vj D N O c=o=— 00� Qmz3 ;a -0 Z D �-i- 0 0 n- -*1 < o rn mgr r0 0 -1 (3D 0 (OD K:N� �Z �n< —�0 o`_<n DC7° �-,a Q 0:3 00 0 0 Doov Z-,,c(u 30 rn cn 0 m tic "!m cnM z -A jz— / J w/ � r- OD 0 0 opo n Z S N / / Z m O Z k3 rri Dom \ \ N" O� —iz O m m>0 (A \ °s � D D Z Ila m yDM y -<m< O� c I i (0j� o .I l Z moll N II co00 00 M I I s O Ul -1 0 M I/ C:) " I � � -A I / o 00 �' 1 .� 0 �o I �s N 000 16'57" W _ 316.80 — — — ZENI TH A VENUE ( UNIMPROVED ) I I \ z= AGE OF SURVE / X r-o� V rn JJ Land Frank R. Cardarelle Surveyor I HEREBY ERTIFY VkAT T SURVEY WAS PREPARED BY ME O SUPERVISION AND m = m for MIKE P/q L M 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, 11 ;:a r s D /\ -& -00 O.sr II < O 1T' II / 00D� m 00co7� N ::Em % cAp co Irl --1 O II 00 / p�'4 y� o% / � /��o °s 01611 iso �iP A --.j -10 0') =m mss/^ ;v� /aA OZ CO O x p 0) D N �� UO mac"--1dC��Nf ��a O C >o ��o` ti C O � C D M m m r m Aj - X861.4 4i TNpo'?S3 m=D D r0�` '63 # , 33 S8 ZD --I @ 0 0 t�s� 7 7 7 .( �-0 c � Z c7 rel —I m m O II / / ,0 1 m0 -rt tic "!m cnM z -A jz— / J w/ � r- OD 0 0 opo n Z S N / / Z m O Z k3 rri Dom \ \ N" O� —iz O m m>0 (A \ °s � D D Z Ila m yDM y -<m< O� c I i (0j� o .I l Z moll N II co00 00 M I I s O Ul -1 0 M I/ C:) " I � � -A I / o 00 �' 1 .� 0 �o I �s N 000 16'57" W _ 316.80 — — — ZENI TH A VENUE ( UNIMPROVED ) I I DATE FEB 22, 200, AGE OF SURVE / X REVISIONS E L EV S V rn JJ Land Frank R. Cardarelle Surveyor I HEREBY ERTIFY VkAT T SURVEY WAS PREPARED BY ME O SUPERVISION AND f for MIKE P/q L M 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, 00 s D II II O 1T' II m m ::Em O 0o zN I OZ p O 0 F- M fn -U 0 — z >o C D M m m r m < D -TI Z 0 O rn � Z —I m w ra r • of N O ROJECT NO. I I w ra r • of N O ROJECT NO. o0K CER TIFICA TE DATE FEB 22, 200, AGE OF SURVE / REVISIONS E L EV S . Land Frank R. Cardarelle Surveyor I HEREBY ERTIFY VkAT T SURVEY WAS PREPARED BY ME O SUPERVISION AND THAT I A D LAND SURVEYOR UNDER TH AT OF MINNESOTA. ZCREG for MIKE P/q L M 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, FRANK' . N0. 6508 3 06114/2009 06:37 9529417163 TIME WARNER CABLE 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 PAGE 01101 �'+!!. fftu"' .,.�9ws�.._1rVmi ;�.ax.. wµ Ire_. �w>.1e �� r..,.4 rr err 7d� FIS }:':r nyd lii .�� sir rw wi,xtiF�r' uiarr'J Ali Vr Proposed Property/Area To Be Vacated: Pathway Easement 5412 Abbott Place RETURN TO EDINA CITY CLERK NO LATER THAN MAY 8, 2003. THANK YOU City Engineer by. Centerpointe Energy by Xcel Energy by, ❑ Acceptable ❑ Acceptable ❑ Acceptable Time Warner Cable by fie, - J. n m-rAS ❑ Acceptable Qwest by ❑ Acceptable ❑ Opposed ❑ Conditional ❑ Opposed ❑ Conditional ❑ Opposed ❑ Conditional ❑ Opposed [�rCon.ditional ❑ Opposed ❑ Conditional, Conditions: -'-,, rvo 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 06/10/03 TUE 08:28 FAX 330 6590 NSP DEL SYS CONST X002 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 5011, Street, Edina, Minnesota 55424-1394 Phone 0 (612) 927-8861 TDD n (612) 826-0379 Fax El (612) 826-0390 .. . . . ........ ..... .. . .. .................. . ..... .. .. .......... i3k. EV W7 E N Proposed Property/Area To Be Vacated: Pathway Easement 5411 Abbott Place RETURN TO EDINA CITY CLERK NO LATER THAN MAY 8, 2003. THANK YOU City Engineer by F-1 Acceptable Centerpointe Energy by - - 7 Acceptable Xcel Energy b d -71 ❑ Acceptable Time Warner Cable by❑ Acceptable Qwest by Conditions: 0 Acceptable F-1 Opposed F] Conditional [] Opposed F] Conditional F-1 Opposed [K Conditional F] Opposed El Conditional E] Opposed [] Conditional 0?OV10F,42 TL/47- A1J N FSI QQR- 6F KCE-L ENERGY 60 9G5C-,,0-VC-:0 OVCE-12- 7-PE 6EASI—EE4=Y 5-- Z FEEL OF 5410 PAI -11- WA yv Please sign and return indicating receipt of notice. Thank you for your cooperation_ Returnto: City Clerk City of Edina 4801 W. 501h 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 0 (612) 927-8861 TDD ❑ (612) 826-0379 Fax ❑ (612) 826-0390 Proposed Property/Area To Be Vacated: Pathway Easement 5411 Abbott Place RETURN TO EDINA CITY CLERK NO LATER THAN 8, 2003. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by Acceptable ❑ Opposed E] Conditional l� Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by ❑ 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 FROM (FRI) 6. 6' 03 10:19/ST. 10 : 1 9; NO. 4862350651 P 1 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax O (612) 826-0390 Proposed Property/Area To Be Vacated: Pathwa -Easement 5411 Abbott Place RETURN TO EDINA CITY CLERK NO LATER THAN MAY 8, 2003. THANK YOU City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpointe Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by ❑ Acceptable ❑ Opposed ❑ Conditional Qwest by .] A M # � Y < <.��j�y�Q�, 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 May 27, 2003 Mr. Mike Laughlin Time Warner Cable 10210 Crosstown Circle Eden Prairie, MN 55435-3377 Re: Vacation of Pathway Easement, 5411 Abbott Place Dear Mike: I am sending copies of a public hearing notice, the exhibit from the vacation request and an Edina check off sheet for the above referenced vacation request received by my office. The City Council has scheduled the public hearing for this vacation on June 17, 2003. I would very much appreciate your response by Monday, June 10, 2003, if possible. This allows time for City staff to complete necessary work before the public hearing. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, meul W Debra Mangen City Clerk Enclosures City Hall (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 '1A, I r s` 6 \� �Y�bkPoRPT�� Cl y 0 J May 27, 2003 Mr. Patrick Cline Xcel Energy 5309 West 70th Street Edina, MN 55435 Re: Vacation of Pathway Easement, 5411 Abbott Place Dear Patrick: I am sending copies of a public hearing notice, the exhibit from the vacation request and an Edina check off sheet for the above referenced vacation request received by my office. The City Council has scheduled the public hearing for this vacation on June 17, 2003. I would very much appreciate your response by Monday, June 10, 2003, if possible. This allows time for City staff to complete necessary work before the public hearing. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, Debra Mangen IJ City Clerk Enclosures City Hall (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 May 27, 2003 Mr. Jamie McIntyre Qwest 6244 Cedar Avenue So. Richfield, MN 55423 Re: Vacation of Pathway Easement, 5411 Abbott Place Dear Jamie: I am sending copies of a public hearing notice, the exhibit from the vacation request and an Edina check off sheet for the above referenced vacation request received by my office. The City Council has scheduled the public hearing for this vacation on June 17, 2003. I would very much appreciate your response by Monday, June 10, 2003, if possible. This allows time for City staff to complete necessary work before the public hearing. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, Debra Mangen City Clerk Enclosures City Hall (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 May 27, 2003 Mr. Steven Von Bargen Center Pointe/Minnegasco P.O. Box 1165 Minneapolis, MN 55440-1165 Re: Vacation of Pathway Easement, 5411 Abbott Place Dear Steven: I am sending copies of a public hearing notice, the exhibit from the vacation request and an Edina check off sheet for the above referenced vacation request received by my office. The City Council has scheduled the public hearing for this vacation on June 17, 2003. I would very much appreciate your response by Monday, June 10, 2003, if possible. This allows time for City staff to complete necessary work before the public hearing. If I may answer any questions regarding this matter, or if you need any other documentation please feel free to contact me at your convenience. Sincerely, Debra Ma gen City Clerk Enclosures City Hall (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF POSTING NOTICE I, the undersigned duly appointed and acting for the City of Edina, County of Hennepin, State of Minnesota, do her by certify that I have on this date posted copies of the attached 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 szg Iznt'3 Signed Signe and sworn to before me, a Notary Public in apWor Hennepin County, Minnesota, this day of (%---II w, �i -may 9/97 Interoffice Memo Date: May 27, 2003 To: Mike Siitari From: Deb Mangen RE: Posting meeting notices I have attached three notices of a public hearing to be held on Tuesday the 17"' at 7:00 p.m. Please have them posted as soon as possible in the City's bulletin boards. They must be posted at least ten days before the hearing. I have also attached a certificate of posting that need to be completed by the officer who actually posts the notices. The certificate needs to be returned to my office. Again, thanks for you help in this matter. I really appreciate it. Attachments Z13A. �j o e ig City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION ~� a� 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fad❑612) 826-0390 Jl i.< ,F PUBLIC RIGHT OF WAY VACATION APPLICATION Applicant Palm Properties LLC Print Name Address 2311 Wayzata Blvd MDIs, MN 55405 Sheet City/State Zip Telephone No. 612 819 0706 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 ❑ Drainage Easement ❑ Alley XX❑Other Pathway XX❑Utility Easement Legal description of the area proposed to be vacated (Please note all legal description shall be transmitted electronically to the City of Edina City Clerk. Dmangen@ci.edina.mn.us): All that part of the existina platted pathway Ivina adiacent to and northerly of the north line of lot 7 and easterly of the easterly right of way of Abbott Place and westerly of Minnehaha Creek all in Block 2. White Investment Company's Hidden Valley, Hennepin County, MN Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? XYes ❑ 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 $350.00 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 eligibi►ity fur a license from the Clty 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 Satiety, Hennepin County Auditor, Bureau of Criminal Apprehension, Hennepin County Warrant Office, Ramsey County Warrant Office and other persons or entitles deemed necessary fur verification of Information submitted In Me 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: Date Initiated Signatu Telephone Revised 1/1/1003 Account No. 1001.4391 Page 1 of 4 Deb Mangen From: Kris Aaker Sent: Monday, May 19, 2003 8:47 AM To: Deb Mangen Subject: RE: Vacated Path for 5411 Abbott Place Dear Mr. Palm, The proposed plan is too aggressive for staff to support. I believe the Zoning Board would feel the same way. Even scaling it back to a 3 ft setback would be too aggressive for my comfort level if it includes two story living space and the garage at a 3 ft setback. The Board can only act based upon existing conditions and lot lines. I would say your chances for success with the Zoning Board with the existing plan are slight at best. Sincerely, Kris Aaker -----Original Message ----- From: Deb Mangen Sent: Friday, May 16, 2003 10:05 AM To: 'MICHAEL PALM' Cc: Wayne Houle; Kris Aaker Subject: RE: Vacated Path for 5411 Abbott Place Mr. Palm, I have scheduled your public hearing for the June 17, 2003 meeting. I really don't have any feel for whether or not this issue will receive a favorable consideration at the Council. -----Original Message ----- From: MICHAEL PALM [ma iIto: pal mholdings@msn.com] Sent: Friday, May 16, 2003 9:45 AM To: Deb Mangen Subject: Re: Vacated Path for 5411 Abbott Place Deb, Was my application appropriate for your use? Thank you for your assistance on this. Thanks, Mike Note: Any gut feel on the likelihood of vacating this path? ----- Original Message ----- From: MICHAEL PALM Sent: Thursday, May 15, 2003 12:42 PM To: Deb Mangen Subject: Re: Vacated Path for 5411 Abbott Place Deb, My surveyor had written the legal description and I have attached it herein with the application. I am bringing in the signed application and check with me. Thank you for your help on this. Mike 5/19/2003 Page 2 of 4 ----- Original Message From: Deb Mangen Sent: Wednesday, May 14, 2003 8:32 AM To: 'MICHAEL PALM' Cc: Wayne Houle; Kris Aaker Subject: RE: Vacated Path for 5411 Abbott Place Mr.. Palm, Since I have not yet spoken with you, please let me explain the process the City must follow for any vacation. First you the requester must file the appropriate application along with a scale drawing of what you are requesting to be vacated. The fee for a vacation is $350.00. After I receive your completed application and drawing the City Council will call a public hearing to consider the vacation. This hearing must be published in the newspaper two time at least two weeks before any hearing. Ten days mailed notice will also be sent to abutting property owners. The utility companies are also notified to ensure that they do not have anything in the area that is requested to be vacated. The Council then holds the hearing and considers the vacation. If granted, I file a notice of completion with Hennepin County. If you are requesting that a pathway be vacated, I have to assume that this would function much like a street and get split between the two property owners evenly. You the property owner must follow through with Hennepin County to have the vacated property attached to your ownership. I am attaching a file that contains the necessary vacation application. Here is the fastest timeline I would be able to follow. If you are unable to get the application back in by the date noted just back everything up by two weeks. • Receive completed application, fee and submittals by noon. 5/15/03 • Council calls public hearing for vacation 5/20/03 • Public hearing notice sent to Sun Current for publication next week 5/22/03 • Utility companies notified of proposed vacation and comments solicited 5/22/03 • First Publication of public hearing notice 5/29/03 • Public hearing notices mailed to abutting property owners 6/6/03 • Public hearing held and vacation considered 6/17/03 • Notice of completion filed with Hennepin County 6/18/03 I am available if you have questions regarding this process or are not able to open the. attachment. My direct dial phone is 952-826-0408. Deb4a ✓ fangm Edina City Clerk Direct Dial (952)-826-0408 Fax (952)826-0390 DMangen@ci.edina.mn.us -----Original Message ----- From: MICHAEL PALM [mailto:palm holdings@msn.com] Sent: Tuesday, May 13, 2003 6:26 PM To: Wayne Houle Cc: Kris Aaker; Deb Mangen Subject: Re: Vacated Path for 5411 Abbott Place Wayne, Thank you for the reply. The surveyor is stating that he spoke with you about the path being vacated? He can not find anything in regards to the vacation in the county records and that is 5/19/2003 Page 3 of 4 why he went to the city as sometimes, he says, the various cities do not file their resolutions to vacate? Anyway, I would like to have this strip formally/legally vacated so that I can maintain it and improve the home, to a value of over $1M with a wider garage etc. This 10' path is totally unmaintained, full of overgrown weeds and also eroding significant soil into the creek from the storm sewer not being updated. I would put in bedrock as a dry valley bed to the creek so as to not erode the yards on each side. By copying of this email to Deb, please proceed in vacating this 10' path which could be shared 50-50 between the property owners as this is how I designed my remodel plan utilizing only 5' of this path. If the other property owner is not interested, then I would be willing to take on the entire 10' and maintain it. I understand their is city storm and sewer running through it and my contractor has already spoken with the city about altering ONLY the storm sewer and are prepared to do so at our cost. If vacation of this strip of land is likely, can you expedite the approval of my construction/remodel plan as submitted? This property is WAY to beautiful and wonderful to allow the 10' path to continue as it is. 5411 Abbott Place will have a walk bridge going out to the peninsula of land across the creek and we will be landscaping all the land along the creek with natural improvements!! This is possibly the most beautiful piece of natural property in all of Edina and I am prepared to restore it to it's highest potential!! If you study the survey and city plat maps, I would like to request that the city of Edina also vacate those strips of land on the northerly shore of the peninsula property and that portion of Zenith Avenue on the westerly side of the creek which adjoins my property. By obtaining the rights to this land, I will also preserve and maintain it as part of my overall plan!! As a side note, I spoke with the Parks and Recs Department and they had no problem with giving up this land as it was not integral to their purposes. I am also aware, from credible youth sources, that these woods and land is used by kids for smoking and drinking .......... all of the more reasons to turn into landscaped private yard areas. nk you for your reply and help on this exciting project and I would love to walk the property i you to show you it's real uniqueness!! i ke ote: I serve on the Minnehaha Creek Watershed District Citizen Action Committee and am ERY involved and interested in the preservation of all shores and land adjacent to the creek!! his home could be a real showcase of the creek!! ----- Original Message ----- From: Wayne Houle Sent: Tuesday, May 13, 2003 4:47 PM To: 'MICHAEL PALM' Cc: Kris Aaker; Deb Mangen Subject: RE: Vacated Path for 5411 Abbott Place Michael: 'm not sure who Frank spoke to at the City. But, I can not find anything that would vacate he right-of-way at the City. The County might have something. If the pathway needs to be ,acated then the ownership might be split between both adjoining properties, the County can iform you of who gets what. You or your surveyor should check with the County to see if this ias been vacated and provide us a copy of the vacation documents. If you would like to proceed with a vacation for this right-of-way please contact the City Clerk - Deb Mangen - 952-826-0408. However, there is a sanitary sewer and storm sewer in this right-of-way. 5/19/2003 Page 4 of 4 Thanks Wayne Hou/e, PE Director of Public Works / City Engineer City of Edina 4801 West 50th Street Edina, MN 55424-1394 whoule@ci.edina.mn.us 952-826-0443 direct 952-826-0390 fax -----Original Message ----- From: MICHAEL PALM [mailto:palm holdings@msn.com] Sent: Tuesday, May 13, 2003 10:10 AM To: whoule@ci.edina.mn.us Subject: Vacated Path for 5411 Abbott Place Wayne, I just spoke with my surveyor, Frank Cardarelle, and he recorded the path as vacated based upon what he was told by the city. He says that he always checks with the city first as they have the resolutions which are sometimes filed and sometimes not. He showed the path as vacated accordingly. If the path is not vacated, technically or not, how do we go through that process? I specifically designed the home as if the property was vacated and my setback would then be fine. My contractor has spoken with the Edina engineering department and confirmed that we will move the storm sewer at our cost as we had a special survey done for this purpose and submitted same. Please advise what my next steps should be as we are well into the demo of the garage and will need to begin building soon dependant upon the timing of a permit issue. We really need the path footage to give us the width of the garage needed for two cars. Can you call me to discuss the status/possibilities of this vacation as I don't think a variance would be necessary if the path was vacated. This path has not been maintained at all and actually the erosion happening due to lack of maintenance is significant at the creek from the storm sewer between the yards. Thank you for your immediate assistance in this matter, Michael N Palm, Sr President Palm Properties, LLC 5/19/2003 Page 1 of 3 Deb Mangen From: Deb Mangen Sent: Wednesday, May 14, 2003 8:32 AM To: 'MICHAEL PALM' Cc: Wayne Houle; Kris Aaker Subject: RE: Vacated Path for 5411 Abbott Place Mr.. Palm, Since I have not yet spoken with you, please let me explain the process the City must follow for any vacation. First you the requester must file the appropriate application along with a scale drawing of what you are requesting to be vacated. The fee for a vacation is $350.00. After I receive your completed application and drawing the City Council will call a public hearing to consider the vacation. This hearing must be published in the newspaper two time at least two weeks before any hearing. Ten days mailed notice will also be sent to abutting property owners. The utility companies are also notified to ensure that they do not have anything in the area that is requested to be vacated. The Council then holds the hearing and considers the vacation. If granted, I file a notice of completion with Hennepin County. If you are requesting that a pathway be vacated, I have to assume that this would function much like a street and get split between the two property owners evenly. You the property owner must follow through with Hennepin County to have the vacated property attached to your ownership. I am attaching a file that contains the necessary vacation application. Here is the fastest timeline I would be able to follow. If you are unable to get the application back in by the date noted just back everything up by two weeks. . Receive completed application, fee and submittals by noon. 5/15/03 . Council calls public hearing for vacation 5/20/03 . Public hearing notice sent to Sun Current for publication next week 5/22/03 . Utility companies notified of proposed vacation and comments solicited 5/22/03 . First Publication of public hearing notice 5/29/03 . Public hearing notices mailed to abutting property owners 6/6/03 . Public hearing held and vacation considered 6/17/03 . Notice of completion filed with Hennepin County 6/18/03 I am available if you have questions regarding this process or are not able to open the attachment. My direct dial phone is 952-826-0408. De&a ✓1tan� Edina City Clerk Direct Dial (952)-826-0408 Fax (952)826-0390 DMangen@ci.edina.mn.us -----Original Message ----- From: MICHAEL PALM [ma iIto: palmholdings@msn.com] Sent: Tuesday, May 13, 2003 6:26 PM To: Wayne Houle Cc: Kris Aaker; Deb Mangen Subject: Re: Vacated Path for 5411 Abbott Place 5/14/2003 Page 2 of 3 Wayne, Thank you for the reply. The surveyor is stating that he spoke with you about the path being vacated? He can not find anything in regards to the vacation in the county records and that is why he went to the city as sometimes, he says, the various cities do not file their resolutions to vacate? Anyway, I would like to have this strip formally/legally vacated so that I can maintain it and improve the home, to a value of over $1M with a wider garage etc. This 10' path is totally unmaintained, full of overgrown weeds and also eroding significant soil into the creek from the storm sewer not being updated. I would put in bedrock as a dry valley bed to the creek so as to not erode the yards on each side. By copying of this email to Deb, please proceed in vacating this 10' path which could be shared 50- 50 between the property owners as this is how I designed my remodel plan utilizing only 5' of this path. If the other property owner is not interested, then I would be willing to take on the entire 10' and maintain it. I understand their is city storm and sewer running through it and my contractor has already spoken with the city about altering ONLY the storm sewer and are prepared to do so at our cost. If vacation of this strip of land is likely, can you expedite the approval of my construction/ remodel plan as submitted? This property is WAY to beautiful and wonderful to allow the 10' path to continue as it is. 5411 Abbott Place will have a walk bridge going out to the peninsula of land across the creek and we will be landscaping all the land along the creek with natural improvements!! This is possibly the most beautiful piece of natural property in all of Edina and I am prepared to restore it to it's highest potential!! If you study the survey and city plat maps, I would like to request that the city of Edina also vacate those strips of land on the northerly shore of the peninsula property and that portion of Zenith Avenue on the westerly side of the creek which adjoins my property. By obtaining the rights to this land, I will also preserve and maintain it as part of my overall plan!! As a side note, I spoke with the Parks and Recs Department and they had no problem with giving up this land as it was not integral to their purposes. I am also aware, from credible youth sources, that these woods and land is used by kids for smoking and drinking .......... all of the more reasons to turn into landscaped private yard areas. Thank you for your reply and help on this exciting project and I would love to walk the property with you to show you it's real uniqueness!! Mike Note: I serve on the Minnehaha Creek Watershed District Citizen Action Committee and am VERY involved and interested in the preservation of all shores and land adjacent to the creek!! This home could be a real showcase of the creek!! ----- Original Message ----- From: Wayne Houle Sent: Tuesday, May 13, 2003 4:47 PM To: 'MICHAEL PALM' Cc: Kris Aaker; Deb Mangen Subject: RE: Vacated Path for 5411 Abbott Place Michael: I'm not sure who Frank spoke to at the City. But, I can not find anything that would vacate the right-of-way at the City. The County might have something. If the pathway needs to be vacated then the ownership might be split between both adjoining properties, the County can inform you of who gets what. You or your surveyor should check with the County to see if this has been vacated and provide us a copy of the vacation documents. 5/14/2003 Page 3 of 3 If you would like to proceed with a vacation for this right-of-way please contact the City Clerk - Deb Mangen - 952-826-0408. However, there is a sanitary sewer and storm sewer in this right- of-way. Thanks Wayne Hou/e, PE Director of Public Works / City Engineer City of Edina 4801 West 50th Street Edina, MN 55424-1394 whoule@ci.edina.mn.us 952-826-0443 direct 952-826-0390 fax -----Original Message ----- From: MICHAEL PALM [mailto:palmholdings@msn.com] Sent: Tuesday, May 13, 2003 10:10 AM To: whoule@ci.edina.mn.us Subject: Vacated Path for 5411 Abbott Place Wayne, I just spoke with my surveyor, Frank Cardarelle, and he recorded the path as vacated based upon what he was told by the city. He says that he always checks with the city first as they have the resolutions which are sometimes filed and sometimes not. He showed the path as vacated accordingly. If the path is not vacated, technically or not, how do we go through that process? I specifically designed the home as if the property was vacated and my setback would then be fine. My contractor has spoken with the Edina engineering department and confirmed that we will move the storm sewer at our cost as we had a special survey done for this purpose and submitted same. Please advise what my next steps should be as we are well into the demo of the garage and will need to begin building soon dependant upon the timing of a permit issue. We really need the path footage to give us the width of the garage needed for two cars. Can you call me to discuss the status/possibilities of this vacation as I don't think a variance would be necessary if the path was vacated. This path has not been maintained at all and actually the erosion happening due to lack of maintenance is significant at the creek from the storm sewer between the yards. Thank you for your immediate assistance in this matter, Michael N Palm, Sr President Palm Properties, LLC 5/14/2003