Loading...
HomeMy WebLinkAbout2008-08 Belmore LaneREPORT/RECOMMENDATION To: From: Date: Mayor & City Council Debra Mangen City Clerk February 17, 2009 Subject: Cancel Belmore Lane Vacation Hearing Agenda Item II.E. Consent Information Only ❑ Mgr. Recommends ❑ To HRA To Council Action Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Motion cancelling Belmore Lane Vacation Hearing. Info/Background: The City Council had previously scheduled a public hearing to consider a request for the vacation of a portion of Belmore Lane. Interlachen Golf Club has asked that the request be tabled indefinitely in order for them to consider revisions to their plans. By cancelling the previously scheduled public hearing we can accommodate this request. MINGCONI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE( 09D 03/02 PRODUCER MN -COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MINGER CONSTRUCTION INC PO BOX 236 CHANHASSEN, MN 55317 INSURER A: CINCINNATI INSURANCE COMPANY INSURER B: SFM MUTUAL INSURANCE CO INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR YL AD RD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M/DD/YY) (M POLICY EXPIRATION DATE (MM/DD/YYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CPP0869724 INCLUDES: OPERATIONS OF SUBS -CONTINGENT CONTRACTUAL LIAB 03/01/09 03/01/10 EACH OCCURRENCE $500,000 X DAMAGE occRENTurrence) RREM PREMISES („Ea TO $500,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 X XCU PERSONAL & ADV INJURY $500,000 X BROAD FORM PD GENERAL AGGREGATE $1,000,000 $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG rid7 POLICY JECT [1 LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS— SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPP0869724 03/01/09 03/01/10 COMBINED SINGLE LIMIT (Ea accident) $500,000 X BODILY INJURY (Per person) $ — X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE __ (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY CPP0869724 03/01/09 03/01/10 EACH OCCURRENCE $7,000,000 OCCUR CLAIMS MADE AGGREGATE $7,000,000 DEDUCTIBLE RETENTION $ 0 $ $ X $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 011818213 03/01/09 03/01/10 X TORY L MITS OFR E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS PROMENADE IMPROVEMENTS - PHASE 1, CONTRACT # ENG 08-6 CITY OF EDINA AND ALL OF ITS OFFICERS, OFFICIALS, AGENTS AND EMPLOYEES ARE ADDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS CERTIFICATE HOLDER CANCELLATION CITY OF EDINA ATTN: CITY CLERK 4801 W 50TH ST EDINA, MN 55424-1394 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) 1 of 2 #S323329/M323271 AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S323329/M323271 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 0 PRODUCER (651) 457-3070 FAX: (651) 457-3324 Minnesota Insurance Brokers, Inc. 60 Marie Ave East Suite 209 West St. Paul MN 55118-5932 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Master Mechanical, Inc. 1027 Gemini Rd Eagan MN 55121 INsuRERAWestern National Mutual INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY THE POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. REDUCED BY PAID CLAIMS. INSR LTR ADM. INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE _DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDD/YY) UNITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 1/1/2009 1/1/2010 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) nce) $ 100,000 CLAIMS MADE X OCCUR CPP001324302 MEDEXP(Anyoneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 GEN'L 7 AGGREGATE LIMIT APPLIES PER: ITIC E r' I PP1 POLICY I LOC A AUTOMOBILE X X X LABILITY ANY AUTO CPP001301702 1/1/2009 1/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acddent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA _JDEDUCTIBLE X LABILITY UMB001047302 1/1/2009 1/1/2010 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 $ 8 $ A WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes. describe under SPECIAL PROVISIONS below W0V001039902 1/1/2009 1/1/2010 X TN- TtRilksER E.L. EACH ACCIDENT $ 500,000 E.L.DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A OTHER Leased/Rented Equip CPP001324302 1/1/2009 1/1/2010 Limit 50,000 Deductible 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Edinborough Park Air Handling Replacement, 7700 York Avenue S, Edina, MN 55435; Job #6496.20; Project i1234 City of Edina and all of its officers, officials, agents and employees are named Additional Insureds as respects General Liability on a primary and non-contributory basis. (Revised & Reprinted 3/4/09) CERTIFICATE HOLDER CANCELLATION City of Edina Attn: City Clerk 4801 W. 50th St. Edina, MN 55424 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL .YG�AiildiB�OirfX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NIXX AUTHORIZED REPRESENTATIVE M Broderson/FRACHA ACORD 25 (2001/08) IIiCfl94 in.no% na.. ©ACORD CORPORATION 1988 Donn 1 n17 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (0108).08a Page 2 of 2 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Edina Sun -Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 29 day of January 2009, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of , 2009; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkl mnopq rstuvwxyz Subscribed and sworn to or affirmed before me on this 29 day of January , 2009. Notary Public MARY ANN CARLSON NOTARY PUBLIC— MINNESOTA MY COMMISSION EXPIRES 1-31-14 City of Edina (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC RIGHT OF WAY & 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 hold a public hearing Febru- ary 17, 2009 at 7:00 P.M. until November 3, 2008 at 7:00 RM. in the Council Chambers at 4801 West 50th Street to consider a request for public right-of-way and utility ease- ments described as follows to be vacated: LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY EASEMENT PROPOSED TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat there- of, Hennepin County, Minnesota. LEGAL DESCRIPTION OF PUBLIC UTILITY EASE- MENT PROPOSED TO BE VACATED: The south 190.95 feet of the following described ease- ment, originally dedicated in Document No. 757344, Of- fice of the Registrar of Titles, Hennepin County, Minneso- ta: Beginning at the northwest corner of Section 29, Township 117, Range 21; thence south seventy-five feet (75') along west section line; thence east thirty feet (30') along north Village limits; thence south and parallel to said west sec- tion line six hundred five feet (605'); thence thirty feet (30') due west to the west section line; thence north along west section line to the point of beginning. 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 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 of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, re- place, remove, or otherwise attend thereto, for the pur- pose of specifying, in any such vacation resolution, the ex- tent to which any or all of such easement, and such au- thority to maintain, and to enter upon the area of the pro- posed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen, City Clerk Dated: January 23, 2008 ( Jan. 29 &-Fob. 5, 2009) d1-Vac 2009-01 Belmore Ln Letter of Transmittal To: Heather M. Worthington, ICMA-CM Assistant City Manager City of Edina 4801 West 50th Street Edina, MN 55424-1394 We are sending you: Attached ❑ Under separate cover via _ ❑ Shop drawings ❑ Prints ❑ Specifications ❑ Copy of le the following items: ❑ Plans tter ❑ Change order Foth Foth Infrastructure & Environment, LLC Eagle Point 11 8550 Hudson Blvd. North, Suite 105 Lake Elmo, MN 55042 (651) 288-8550 • Fax: (651) 288-8551 Date: 2/25/09 Project: 09E001 File Classification: 1000 Phase/Task: / RE: Enclosed Services Agreement ❑ Samples COPIES DATE NO. DESCRIPTION 2 Services Agreement between the City of Edina and Foth infrastructure & Environment, LLC dated February 11, 2009 These are transmitted as checked below: ❑ For your information ❑ No exceptions taken For your use ❑ Make corrections noted ❑ As requested ❑ Rejected (see remarks) ❑ For bids due 20 ❑ Prints returned after loan to us Remarks: O. ❑ Resubmit copies ❑ Submit ❑ Return corrected copies ❑ For review and comment ❑ Other copies for distribution Hi Heather, Enclosed are two signed copies of the Service Agreement. Please date a copy for us and return it to us for our files. I apologize for the extra step, but we need a fully executed copy. Thanks so much. Debra Copy to: Signed: Office Location: Print name: Debra J. Casmer If enclosures are not as noted, kindly notify us at once. K:\Contracts\Client ID\City of Edina\LOT-City of Edina Services Agreement-signed.doc SERVICES AGREEMENT AGREEMENT made this 11 th day of February, 2009, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City") and FOTH INFRASTRUCTURE & ENVIROMENT, LLC, a Minnesota corporation ("FOTH"), hereinafter referred to as "Consultant". IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth on the attached Exhibit "A". The Consultant agrees to perform the services. Consultant shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The work shall be performed in accordance with the Contract Documents, which includes this Agreement and the Exhibits: Exhibit "A" — Scope of Services, Exhibit `B" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A", (iii) Exhibit `B". 2. REPRESENTATIVES. City has designated Heather Worthington (the "City Representative"), and the Consultant has designated Dan Krivit (the "FOTH Representative"). The City Representative and the FOTH Representative shall be available as often as is reasonably necessary for reviewing the Services. 3. COMPENSATION. Consultant shall be paid by the City for the services described in paragraph 1 on an hourly basis in accordance with the attached fee schedule, Exhibit `B", but not to exceed $5,922.45 inclusive of reimbursable costs. 4. COMPLETION DATE. The Consultant must complete the services by December 2009. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by similar consultants under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 8. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and reasonable attorney's fees, arising out of or by reason of the execution or performance 143699v01 RNK:02/02/2009 1 of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $250,000 unless the City agrees to a high deductible. Before commencing work the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention of cancel this insurance. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not 143699v01 RNK:02/02/2009 2 paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $ l 00 or more is $10. 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. NIINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on two (2) days' written notice delivered to Consultant at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another Consultant to undertake or complete the work identified in paragraph 1. 143699v01 RNK:02/02/2009 3 FOTH INFRASTRUCTURE & ENVIROMENT, LLC BY:7f(frH_ 4.6"Q Its Sr. ) e ct �Na�► a Dated: fth 25 , 2009. CITY OF EDIN AND: Dated: Or n Hughes, City i! anger , 2009. WAAA—Sier r. Prop ec.71114ti. y 143699v01 4 RNK:02/02/2009 EXHIBIT "A" SCOPE OF SERVICES • Phase One: Help plan and prepare for the development of the Request for Proposal (RFP) for a new contract for curbside recycling services for the City • Phase Two: Help produce and release the RFP for new municipal curbside recycling services, review proposals received and finalize new contract. This phase may include assistance with informal hauler interviews prior to RFP release and negotiations after proposals are received. Additional consulting services may include the following task or tasks, at the sole option of the City: • Miscellaneous consulting services as mutually agreed and negotiated (not yet specified herein)." 143699v01 RNK:02/02/2009 5 EXHIBIT "B" SCHEDULE OF PAYMENT AND FEE SCHEDULE • Services will be provided by CONSULTANT on a time and materials basis, not to exceed $5,922.45, using the attached 2009 Standard Rate Schedule and 2009 Standard Resource Charges guideline. • Payments are due and payable thirty (30) days from the date of the CONSULTANT"s invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (1 %) per month from invoice date." 143699v01 RNK:02/02/2009 6 Foth Infrastructure & Environment, LLC 2009 Standard Resource Charges Item Computer Usage AutoCAD/Intergraph High End Software Office Expenses Copies (8 '/Z x 11) Copies (8 Y2 x 14) Copies (11 x 17) Report Printing (lsided) Report Printing (2 sided) Communication Services Fax (initial set up) Fax (per page) Phone (per minute) Travel Automobile Travel Public Transportation Subsistence and Lodging Survey Vehicles Off Road Vehicle Usage CADD Plotting/Drawing Reproduction Bond (black & white) Vellum (black & white) Mylar (black & white) Bond (color) Film (color) Cost basis Cost/Usage Cost/Usage Equipment/Material Equipment/Material Equipment/Material Average per sheet Average per sheet Labor/Equipment Line Cost/Material Equipment/Line Cost Mileage Mileage Day Equipment/Labor/Material Equipment/Labor/Material Equipment/Labor/Material Equipment/Labor/Material Equipment/Labor/Material Equipment Special equipment rates quoted on an individual basis, if requested. Subconsultants (drilling, laboratory, etc.) Miscellaneous Std charge $15.00/hr $15.00 — 25.00/hr $0.11 ea $0.13 ea $0.15 ea $0.08 ea $0.11 ea $2.00/ea $0.50 ea $0.40/ea $0.65/mi (1) Cost + 15% Cost + 15% $0.88/mi (2) $5.00 $0.30/sq ft $1.50/sq ft $2.70/sq ft $1.20/sq ft $2.00/sq ft Cost + 15% 15% markup Note: This list is not all inclusive but represents the most common resource charges applied to Foth projects. (I) Mileage rates are subject to change based on Federal Government Standards. (2) Mileage rates are subject to change based on economic conditions. Foth Infrastructure and Environment, LLC 2009 Standard Labor Rate Schedule Classification Director/Principal Senior Project Manager Senior Consultant Project Manager Lead Engineer Project Engineer Engineer Lead Scientist Project Scientist Scientist Project Designer/Technician Technician/CADD GIS Specialist Lead Admin. Assist./Work Plan Coordinator Administrative Assistant Clerical $150.00 $125.00 $130.00 $100.00 $105.00 $95.00 $85.00 $100.00 $85.00 $65.00 $80.00 $55.00 $95.00 Hourly Rate $215.00 $195.00 $170.00 $145.00 $165.00 $130.00 $105.00 $165.00 $100.00 $90.00 $105.00 $90.00 $125.00 $65.00 - $80.00 $55.00 $70.00 $50.00 $60.00 The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above hourly rates. If requested, Foth shall procure and coordinate the services of independent laboratories, subconsultants, drilling contractor, etc. The cost of the independent services shall be passed on directly to the owner with a surcharge of 15 percent to cover the processing of expenses. SERVICES AGREEMENT AGREEMENT made this 11th day of February, 2009, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City") and FOTH INFRASTRUCTURE & ENVIROMENT, LLC, a Minnesota corporation ("FOTH"), hereinafter referred to as "Consultant". IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth on the attached Exhibit "A". The Consultant agrees to perform the services. Consultant shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The work shall be performed in accordance with the Contract Documents, which includes this Agreement and the Exhibits: Exhibit "A" — Scope of Services, Exhibit `B" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A", (iii) Exhibit `B". 2. REPRESENTATIVES. City has designated Heather Worthington (the "City Representative"), and the Consultant has designated Dan Krivit (the "FOTH Representative"). The City Representative and the FOTH Representative shall be available as often as is reasonably necessary for reviewing the Services. 3. COMPENSATION. Consultant shall be paid by the City for the services described in paragraph 1 on an hourly basis in accordance with the attached fee schedule, Exhibit `B", but not to exceed $5,922.45 inclusive of reimbursable costs. 4. COMPLETION DATE. The Consultant must complete the services by December 2009. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by similar consultants under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 8. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and reasonable attorney's fees, arising out of or by reason of the execution or performance 143699v01 RNK:02/02/2009 1 of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $250,000 unless the City agrees to a high deductible. Before commencing work the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention of cancel this insurance. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not 143699v01 RNK:02/02/2009 2 paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on two (2) days' written notice delivered to Consultant at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another Consultant to undertake or complete the work identified in paragraph 1. 143699v01 RNK:02/02/2009 3 FOTH INFRASTRUCTURE & ENVIROMENT, LLC Its Ar. Prdjec t 1'I4na?-r BY: U/KYlLw Dated: F A 2-5 9,6, , 2009. CITY OF EDINA AND: `►i" Gord' Hughes, Ci er Dated: , 2009. cr. ? 06(/10444p,104---' a gore 027a</2vo ! 143699v01 4 RNK:02/02/2009 4 M 1.b EXHIBIT "A" SCOPE OF SERVICES • Phase One: Help plan and prepare for the development of the Request for Proposal (RFP) for a new contract for curbside recycling services for the City • Phase Two: Help produce and release the RFP for new municipal curbside recycling services, review proposals received and finalize new contract. This phase may include assistance with informal hauler interviews prior to RFP release and negotiations after proposals are received. Additional consulting services may include the following task or tasks, at the sole option of the City: • Miscellaneous consulting services as mutually agreed and negotiated (not yet specified herein)." 143699v01 RNK:02/02/2009 5 EXHIBIT "B" SCHEDULE OF PAYMENT AND FEE SCHEDULE • Services will be provided by CONSULTANT on a time and materials basis, not to exceed $5,922.45, using the attached 2009 Standard Rate Schedule and 2009 Standard Resource Charges guideline. • Payments are due and payable thirty (30) days from the date of the CONSULTANT"s invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (l %) per month from invoice date." 143699v01 RNK:02/02/2009 6 Foth Infrastructure and Environment, LLC 2009 Standard Labor Rate Schedule Classification Director/Principal Senior Project Manager Senior Consultant Project Manager Lead Engineer Project Engineer Engineer Lead Scientist Project Scientist Scientist Project Designer/Technician Technician/CADD GIS Specialist Lead Admin. Assist./Work Plan Coordinator Administrative Assistant Clerical $150.00 $125.00 $130.00 $100.00 $105.00 $95.00 $85.00 $100.00 $85.00 $65.00 $80.00 $55.00 $95.00 $65.00 $55.00 $50.00 Hourly Rate - $215.00 - $195.00 $170.00 $145.00 $165.00 $130.00 - $105.00 - $165.00 $100.00 $90.00 - $105.00 - $90.00 $125.00 $80.00 $70.00 $60.00 The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above hourly rates. If requested, Foth shall procure and coordinate the services of independent laboratories, subconsultants, drilling contractor, etc. The cost of the independent services shall be passed on directly to the owner with a surcharge of 15 percent to cover the processing of expenses. • A Foth Infrastructure & Environment, LLC 2009 Standard Resource Charges Item Computer Usage AutoCAD/Intergraph High End Software Office Expenses Copies (8 '/Z x 11) Copies (8 '/Z x 14) Copies (11 x 17) Report Printing (lsided) Report Printing (2 sided) Communication Services Fax (initial set up) Fax (per page) Phone (per minute) Travel Automobile Travel Public Transportation Subsistence and Lodging Survey Vehicles Off Road Vehicle Usage CADD Plotting/Drawing Reproduction Bond (black & white) Vellum (black & white) Mylar (black & white) Bond (color) Film (color) Cost basis Cost/Usage Cost/Usage Equipment/Material Equipment/Material Equipment/Material Average per sheet Average per sheet Labor/Equipment Line Cost/Material Equipment/Line Cost Mileage Mileage Day Equipment/Labor/Material Equipment/Labor/Material Equipment/Labor/Material Equipment/Labor/Material Equipment/Labor/Material Equipment Special equipment rates quoted on an individual basis, if requested. Subconsultants (drilling, laboratory, etc.) Miscellaneous Std charge $15.00/hr $15.00 — 25.00/hr $0.11 ea $0.13 ea $0.15 ea $0.08 ea $0.11 ea $2.00/ea $0.50 ea $0.40/ea $0.65/mi (I) Cost + 15% Cost + 15% $0.88/mi (2) $5.00 $0.30/sq ft $1.50/sq ft $2.70/sq ft $1.20/sq ft $2.00/sq ft Cost + 15% 15% markup Note: This list is not all inclusive but represents the most common resource charges applied to Foth projects. (1) Mileage rates are subject to change based on Federal Government Standards. (2) Mileage rates are subject to change based on economic conditions. Location: Contractor: Contract Date: Contract Price: Adjusted Contract Price: For Work Completed Through: Percent of Project Complete: SUMMARY: Change Order No. 1 Total Change Orders Partial Payment No.1 Partial Payment No. 2 Partial Payment No. 3 Total Partial Payment Prepared By: Checked B ESTIMATE FOR PARTIAL FINAL PAYMENT CITY OF EDINA CONTRACT NO. ENG 08-10 HALIFAX AVENUE SIDEWALK MPROVEMENT NOS. S-100 & S-100A Halifax Avenue Sidewalk Bailey Construction July 15, 2008 $ 81,292.00 $ 84,408.00 December 31, 2008 100% SUBTOTAL CONTRACT ENG 08-10 HALIFAX AVENUE SIDEWALK LESS 5% RETAINAGE LESS PARTIAL PAYMENTS TOTAL PARTIAL FINAL PAYMENT $ 3,116.00 $ 3,116.00 $ 22,579.36 $ 46,775.63 $ 2,091.90 $ 71,446.89 February 27, 2009 $ 97,864.50 $ 97,864.50 $ 71,446.89 $ 26,417.61 Houle, le, PE Director of Public Works and City Engineer ayne D. 319586 Payee: 123086 BAILEY CONSTRUCTION Check No. - 319586 Stub 1 of 1 Check Date - 2/26/2009 Supplier Invoice No Date Remark PO Amount 022709 2/23/2009 FINAL PAYMENT 26,417.61 26,417.61 PLEASE DETACH BEFORE DEPOSITING e" THE -FACE OFaTHIS DOCUMENT HAS A COLORED BACKGROUND, ON WHITE PAPER:THE REVESE0F THIS DOCUMENT HAS"AN'ARTIFICIAL WATERMARK r CITY OF i EDINA QD bank . 303 Th,rd Street Northwest . East Grand Forks. MN 56721 319586 NUMBER0031958 6 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 DATE 2/26/2009 AMOUNT $****26, 417.61 v TWENTY SIX THOUSAND FOUR HUNDRED SEVENTEEN AND 61/100******************************** 123086 TO THE • ORDER BAILEY CONSTRUCTION OF 75-1592 912 MAYOR CITY TREASURER CITY MANAGER II'31,958611' 1:09L2L59271:L52100009678" k Location: Contractor: Contract Date: Contract Price: Adjusted Contract Price: For Work Completed Through: Percent of Project Complete: SUMMARY: Change Order No. Total Change Orders Partial Payment No. Total Partial Payment Prepared By: ESTIMATE FOR PARTIAL PAYMENT NO. 1 CITY OF EDINA CONTRACT NO. ENG 09-1 2009 STORM WATER DREDGING IMPROVEMENT NO. STS-357 2009 Storm Water Dredging Fitzgerald Excavating & Trucking, Inc. December 16, 2008 $ 25,250.00 February 7, 2009 93% SUBTOTAL CONTRACT ENG 09-1 2009 STORM WATER DREDGING LESS 5% RETAINAGE LESS PARTIAL PAYMENTS TOTAL PARTIAL PAYMENT NO. 1 Checked By: -S, February 27, 2009 $ 23,437.50 1,171.88 22,265.63 $ 22,265.63 i'L/ A., �.f `<ayne D. Hou , PE Director of Public Works and City Engineer w 319635 Payee: 122568 FITZGERALD EXCAVATING & TRUCKI Check No. - 319635 Stub 1 of 1 Check Date - 2/26/2009 Supplier Invoice No Date Remark PO 022709 2/20/2009 PARTIAL PAYMENT NO. 1 PLEASE DETACH BEFORE DEPOSITING Amount 22,265.63 22,265.63 THE`FACEOF Tf IS DOCUMENT. HAS'A COLORED BACKGROUND ON WHITE; PAPER THE:R'EVERS OF tHiS DOCUMENT HAS}AN ARTIFICIAL WATERMARI4'4. . CITTY OF EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 122568 DATE Y TWENTY TWO THOUSAND TWO HUNDRED SIXTY FIVE AND Mbank- 319635 303 Third Street Northwest East Grand Forks. MN 56721 2/26/2009 AMOUNT NUMBER00319635 $****22,265.63 63/100******************************** 75-1592 912 TO THE a '41ORDER FITZGERALD EXCAVATING & TRUCKING INC. MAYOR OF 20865 390TH ST i!;rL✓1 . I CITY TREASURER GOODHUE MN 55027 ,�� /�_,%",,,�_ CITY A4ANAGER 031963Se 1:09L2L5927.:LS2/0000967810 February 27, 2009 ESTIMATE FOR PARTIAL PAYMENT NO. 3 CITY OF EDINA CONTRACT NO. ENG 08-12 WOODLAND CIRCLE, WOODLAND LANE AND WOOD END DRIVE IMPROVEMENTS MPROVEMENT NOS. BA-345, SS-440, STS-346, WM-466, L-52 MPROVEMENT NOS. BA-352, SS-442, STS-349, WM-484 Location: Woodland Circle, Woodland Lane & Wood End Drive Contractor: C & L Excavating Contract Date: August 19, 2008 Contract Price: $ 602,422.15 Adjusted Contract Price: $ 615,694.71 For Work Completed Through: December 31, 2008 Percent of Project Complete: 93% SUMMARY: SUBTOTAL CONTRACT ENG 08-12 WOODLAND CIRCLE, WOODLAND LANE AND WOOD END DRIVE $ 558,688.28 LESS 5% RETAINAGE $ 27,934.41 $ 530,753.87 LESS PARTIAL PAYMENTS $ 497,648.68 TOTAL PARTIAL PAYMENT NO. 3 $ 33,105.18 Change Order No. 1 $ 13,272.56 Total Change Orders $ 13,272.56 Partial Payment No. 1 Partial Payment No. 2 Total Partial Payment Prepared By: Checked By: $ 272,935.35 $ 224,713.33 $ 497,648.68 Wayn Df. o le, PE Director of Public Works and City Engineer 319597 Payee: 122533 C & L EXCAVATING INC. Check No. - 319597 Stub 1 of 1 Check Date - 2/26/2009 Supplier Invoice No Date Remark PO 022709 2/23/2009 PARTIAL PAYMENT NO. 3 PLEASE DETACH BEFORE DEPOSITING Amount 33,105.18 33,105.18 THE'FICE'OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPERI. THE REVERSE OFF THIS DOCUMENT HAS AN ARTIFICIALWATERMARK' CITY OF EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 PAY THIRTY THREE THOUSAND ONE HUNDRED FIVE AND 18/100************************************ 122533 (Obank. 303 Third Street Northwest East Gland Forks. MN 56721 319597 NUMBER00319597 TO THE ORDER OF C & L EXCAVATING INC. P 0 BOX 99 ST JOSEPH MN 56374 DATE 2/26/2009 AMOUNT $****33,105.18 75-1592 912 MAYOR CITY TREASURER CITY MANAGER 03 L9597ir 1:09 L 2 L 27i:L52 L000096Me 1 , / I I 1 I♦ , I.\I Scale:1 In. = 30ft. Easement to be vacated 1 Is T 1 1 I / ♦I t_ coco BELMORE (F.K.A. I I 1 I ♦/ r♦ r♦ 1—r \` /1 1 II 1 I I I I.,;/ LJ 1 1 \J \ LOT 1 LANE -------- ---PORTION OF BELMORE LANE TO BE VACATED SETH AVE.) r — SOUTHERLY EXTENSION OF THE WEST —% LINE OF LOT 1. WILHOITS ADDITION r\ 1 E< I 1 I 1 I / r- L I r♦ r- 1 I- 1\/1 L- 1%1 1 1 E- 1 I I _•LJ L. L. ♦.. N Is I♦ I I I. 1 I 1--I1--I1%1 ` 1 1 1 N y to to EAST LINE OF MENDELSSOHN— . '5- Englnaeling • Planning • &weft F RA 7 p'me: 7631476-6310 McComas Frank Beu Arr 76314784532 Associates, Ina. websta: www.m6aaom Interlachen Country Club Belmore Lane Edina, Minnesota Easement & Vacation Exhibit Designed: Drawn: Mnr Approved: HDN Initial Issue: oen4/2ooa Rev.: B-Remava Prop. Eswt Date: mimeos Exhibit Number Project No. INT18004 NIA PAY TO THE ORDER OF FOR BARR ENGINEERING COMPANY MINNEAPOLIS PETTY CASH ACCOUNT 4700 WEST 77TH STREET MINNEAPOLIS, MN 55435-4803 61' %430U! klAdAlle *-1AAMAACI L.6)Ag. Tg. fW) I WO BREMER BANK, NATIONAL ASSOCIATION 633 Soum CONCORD STREET • (651) 451-6822 SouTHST.PAUL,MN 55075 24-HOUR PHONE BANK 1-800-908-BANK * * 23 — Nda-WO en BRLMER ir 1F 11'00 2 5 S 311' 11:0960 LO4 L SI: 066 51O6 74811' DATE !Pi loci 2553 75-1041se 960 I $ L/2S,00 DOLLARS 8 14 m m m -Nj ".. 11 x. 51...* 00 *gm ...,u) E- 00 2E -.E E m (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC RIGHT OF WAY & 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 hold a public hearing February 17, 2009 at 7:00 P.M. until November 3, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street to consider a request for public right-of-way and utility easements described as follows to be vacated: LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY EASEMENT PROPOSED TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota. LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT PROPOSED TO BE VACATED: The south 190.95 feet of the following described easement, originally dedicated in Document No. 757344, Office of the Registrar of Titles, Hennepin County, Minnesota: Beginning at the northwest corner of Section 29, Township 117, Range 21; thence south seventy-five feet (75') along west section line; thence east thirty feet (30') along north Village limits; thence south and parallel to said west section line six hundred five feet (605'); thence thirty feet (30') due west to the west section line; thence north along west section line to the point of beginning. 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: January 23, 2008 PLEASE PUBLISH IN THE EDINA SUN CURRENT ON THURSDAY, JANUARY THURSDAY, JANUARY 29, 2009 AND THURSDAY FEBRUARY 5, 2009 SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK 2911721220013 3011721110013 3011721110014 INTERLACHEN COUNTRY MARGARET MCDONALD MATTHEW HANNAFIN 6200 INTERLACHEN BLVD CLARENCE MCDONALD CHERYL L BRISTOL EDINA MN 55436 6216 BELMORE LA 6208 BELMORE LA EDINA MN 55343 EDINA MN 55343 3011721110030 3011721110039 3011721110040 ELIZABETH W EASTMAN WENDY L DONOVAN JILL RIVARD 7553 CHRISLAN COVE 317 JOHN ST 6224 BELMORE LA FALLS CHURCH VA 22042 EDINA MN 55343 EDINA MN 55343 3011721110041 3011721110050 3011721110051 KEVIN R SHAW INTERLACHEN CTRY CLB INTERLACHEN COUNTRY CLUB KATHRYN M SHAW 6200 INTERLACHEN BLVD 6201 BELMORE LA 6220 BELMORE LA EDINA MN 55436 EDINA MN 55343 EDINA MN 55343 3011721110055 3011721110060 3011721110073 SARAH L BENNETT MAUREEN CULLEN MERRILL TED VOLK CRAIG R BENNETT FRANK P MERRILL TATYANA VOLK 6229 BELMORE LA 401 BLAKE RD S 6301 BELMORE LA EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721110074 3011721110075 3011721110076 JOSEPH A EDELHEIT N DALE SAPPENFIELD INTERLACHEN COUNTRY CLUB 6221 BELMORE LA JOAN M WIERZBA 6200 INTERLACHEN BLVD EDINA MN 55343 6217 BELMORE LA EDINA MN 55436 EDINA MN 55343 3011721110077 3011721110079 3011721110084 GLORIA C HOGAN SUSAN WINDHAM GREGORY W WILSON DENNIS HOGAN RICHARD WINDHAM 6320 BELMORE LA 6204 BELMORE LA 6233 BELMORE LA EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721110085 3011721120015 3011721120016 GERALD K SACHS MICHAEL R CARROLL DEBORAH NAIDITCH CAROL SACHS ANDREA B CARROLL 6512 BELMORE LA 318 JOHN ST 6520 BELMORE LA EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721120017 3011721120027 3011721120035 MICHAEL R CARROLL JOHN D REMINGTON CITY OF EDINA ANDREA B CARROLL JANET M REMINGTON 4801 WEST 50TH STREET 6520 BELMORE LANE 6424 BELMORE LA EDINA MN 55424 EDINA MN 55343 EDINA MN 55343 3011721120036 3011721120042 3011721120054 MICHAEL S BAILEY SHERRY WILSON PETER R HEMSTAD KIMBERLY A BAILEY GARY C WILSON KAREN H HEMSTAD 316 BLAKE RD S 401 GRIFFIT ST 6024 SHANE DR EDINA MN 55343 EDINA MN 55343 EDINA MN 55439 3011721120055 ERIN L KRUEGER BRIAN M HUNKER 400 GRIFFIT ST EDINA MN 55343 3011721120072 3011721120074 VERNE FRIDAY RICHARD ELIASEN 6525 BELMORE LA GLENDA M EUASEN EDINA MN 55343 6521 BELMORE LA EDINA MN 55343 3011721120075 3011721120084 3011721120085 SEAN WESENBERG CONSTELLATION PROPERTIES INC JENNIFER FISCHER JOSEPH D MEEHAN 300 DEARBORN CT JAMES FISCHER 401 TYLER AVE EDINA MN 55343 6247 GOWAN AVE SW EDINA MN 55343 HOWARD LAKE MN 55349 3011721120086 3011721120087 3011721120094 TRACY DAUWALTER PATRICIA A ANDERSON BERNARD G KUENZLI RICHARD C DAUWALTER MARC GRAFSLUND 6528 BELMORE LA 6509 BELMORE LA 6501 BELMORE LA EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721120099 3011721210019 3011721210037 DARLA J CUNIO JUDITH M HEMSTAD RONALD W HONSE BROCK W CUNIO 6612 BELMORE LA BRIAN L HONSE 6508 BELMORE LA EDINA MN 55343 322 HARRISON AVE EDINA MN 55343 EDINA MN 55343 3011721210038 3011721210059 3011721210060 PAUL B PRESSNALL CYNTHIA L BOYD CITY OF EDINA AMY E PRESSNALL BRIAN D BOYD 4801 W 50TH ST 323 VAN BUREN AVE 322 VAN BUREN AVE EDINA MN 55424 EDINA MN 55343 EDINA MN 55343 3011721210061 3011721210069 3011721210090 DANIEL T REED LOWELL K THOMPSON MICHELLE A MEADE 323 MONROE AVE 400 JACKSON AVE KATHRYN LAFOND EDINA MN 55343 EDINA MN 55343 401 MONROE AVE S EDINA MN 55343 3011721210091 3011721210112 3011721210136 MOLLY M PHILION JOAN M CLELAND ANNE WILLIAMS MICHAEL A PHILION JAMES M CLELAND 6601 BELMORE LA 400 VAN BUREN AVE 401 JACKSON AVE EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721210153 3011721210163 3011721210166 DONNA M CIMMERER NANCY K SHANK DAVID CLEARY 401 HARRISON AVE GREGORY ] BERNHARDT 6615 BELMORE LA EDINA MN 55343 400 HARRISON AVE EDINA MN 55343 EDINA MN 55343 3011721210167 3011721210168 3011721220008 TRACI L ELDER JEFFREY J LANGAARD DANIEL WENGENROTH JUSTIN K ELDER ANNE W LANGAARD 322 MONROE AVE S 6600 BELMORE LA 6606 BELMORE LA EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721220009 3011721220027 3011721220028 THOMAS PATERSON STEVEN V HOLWEGER DONALD HANSON NANCY PATERSON 322 MADISON AVE 323 JEFFERSON AVE 323 MADISON AVE EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721220043 3011721220044 3011721220062 PAUL C MILLER OTTO E MAHN JEFFREY G WILLIAMS ANNA M MILLER JUDITH L MAHN 320 ADAMS AVE 322 JEFFERSON AVE 323 ADAMS AVE EDINA MN 55343 EDINA MN 55343 EDINA MN 55343 3011721220063 3011721220073 3011721220090 MARCO A NUNEZ LYNDIE SHACKELFORD WENDY DONOVAN 325 WASHINGTON AVE S ]ASHUA SHACKELFORD TIMOTHY ] DONOVAN EDINA MN 55343 400 ADAMS AVE 401 WASHINGTON AVE EDINA MN 55343 EDINA MN 55343 3011721220091 3011721220111 3011721220112 KATHLEEN E POSNER ETTA B DAVIS SARAH M DWYER 400 JEFFERSON AVE 401 ADAMS AVE PATRICK D DWYER EDINA MN 55343 EDINA MN 55343 400 MADISON AVE EDINA MN 55343 3011721220131 3011721220132 3011721220152 RONALD E DAVIS DARRELL PEARSON JOHN R POKORNY 401 JEFFERSON AVE C/O CHRISTOPHER E PEARSON JEANNE M POKORNY EDINA MN 55343 6013 HALIFAX AVE 401 MADISON AVE EDINA MN 55424 EDINA MN 55343 Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com An EEO Employer BARR Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO TRANSMITTAL LETTER To: City of Edina c: Wayne Houle Project #: 23/27-0G62 Date: 1 /21 /09 Re: Interiachen Country Club We are sending you: Correspondence Copy of Letter Reports Specifications Plans 1 Other: Vacation Application No. of Copies Description 1 Vacation Application 1 Exhibits 1 Check - $425.00 These are transmitted as checked below: For approval For your use X As requested For review and comment: Remarks: Sent by: Mark Kretschmer Other: Phone: 952-832-2640 P:\Mpls\23 MN\272327062 Interlachen\Finall to Wayne H\2008-12-30 TRANSMITTAL LETTER.doc 1 Iltl :- 1„ L_ —WEST UNE OF LOT 1, WILHOIrS ADDITION f \ l". . 1 I\ l It 1 1 \/ l/ LOT 1 EAST LINE OF WILHOIT'S ADDITION 1 BELMORE LANE co co —PORTION OF BELMORE LANE TO BE VACATED ——' (F.K.A. SETH AVE.) r — SOUTHERLY EXTENSION OF THE WEST —' UNE OF LOT 1, WILHOIT'S ADDITION • r♦ rr. - �V1 Ski f f• 1 IA L A • 1 IV EAST UNE OF MENDELSSOHN— i Scale: 1 In. = 30 ft. Interlachen Country Club Belmore Avenue Edina, Minnesota Vacation Exhibit maw Exhibit Number Project No. INT17705 _ om _ McCombs Engineering • Planning • Surveying 'T0 FRA �,,•. Frank Roos ��a> Associates, Inc. vebs7e Iw.t,m6so�n Approved: nun Initial Issue: oann�one Date: ) I I 1 vv I I r 1 1 I 1 1 I L- I I \l Scale: 1 In. = 30 ft V//I Proposed Waterman Easement Easement to be vacated 1 ♦ T 1 BELMORE (F.K.A. • 0 O W 8 N 19.81 •N89°44'48°E L L L L 1 r1"..)% ` I 1 J1 I 1 Ll "P I l♦ L I 1 1 I 1\1 1 1 I V LOT 1 LANE - — -PORTION OF BELMORE LANE TO BE VACATED SETH AVE.) r — SOUTHERLY EXTENSION OF THE WEST • —% LINE OF LOT 1, WILHOIT'S ADDITION 1 1 I L., L- \l \l I t r- L l r♦ r- 1 �� I\/1 F- 111 1 I r- I • LV I. L \J \a -- ,\ I I L I 1 1 I. .1 1\1 \l 1 I 1 1 1 EAST LINE OF MENDELSSOHN— i ,-1 L�J ,vl L1J • l \\N 148CO281hAtarueNat Su'le too Plyrnoulh •M6m • 66447 phone: 70478 6 10 McCombs Frank Roos lox 762/47843i32 Assoolalesl Ina webs: $ ww.m1a oom Interlachen Country Club Belmore Lane Edina, Minnesota Easement & Vacation Exhibit Designed: Drawn: LIM Approved HON Initial Issue: oa/14/Zoos Rev.: A•Easemanla Date: 01/05/2009 Exhibit Number Project No. INT18004 JAN-20-2009 14:34 BARR ENGINEERING SENT BY: INTERLACHEN CC; 9528322601 P.03/03 0520207720; JAN-20-00 5:31PM; PAGE 3/3 ::,0c4t4r,!:030-V!ir,'•$ Applicant City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50* Street Edina, Minnesota 55424-1394 Phone (952) 927-8861 TDD (952) 828-0379 Fax (952) 828-0390 , • `. GebaGe (,42c P Name Address /-R.4.4cAte-N/ Bt. Cay/State Telephone No. 95-02 7t-2.c, 6"6 rArA- s.rA/ 1"57-rg ZO Fax NO. 95: - 124. 24.3 .5 I hereby petition the City Council of the City of Edina to vacate WI of the following deserted public right of way pursuant to M.S. 412.851 and Edina Code Section 820: Street Q Alley P':4 Utility Easement 0 Drainage Easement 0 Other 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: DmangenacLeclinammus): Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? Yes fg No Pease note f the as requested to be Wonted terinktitell at or obigalipori any public water, no vacation shall be made unless ',tattoo notice of the patton is sawed ty certified mall upon tie commissioner of natural resources by the Chy of Edina thirty days before any Council action. • Attach e copy ofa scaled Wowing ShOwirtg in full detail the area proposed to be vacated. • include the vacation fee of $425.00 with your application. THE MINNESOTA DMA PRACTICeS ACT muutras that vie Worm you of your rIgintr about Me private deft we Are an Ws Aim Moto ditto Is evadable de you, but not to Me public. We my impladingthbripeatetialanithte your WJ9#JW1YfOI3 license Own tho city of Edina Providing tho date insydatiolie Inflirmafien thateauld cause your appumgon 13 be durgua You aio not Wally required to pmvid• Me OWL beffedmilehmtnff 13 supply the dig RIM' cause your license to n o be processed Under MS WO" the Cily of Moak nupdred te winkle the Minnemon of Roman your AM fax in Number and Social Sadtetty Iturnber. ITteDePluttivent °fibroma ritokoupply to Me Internal florotwo Son/Ica in **Mon, Wm dub can be Mend bYffelineelly Stalf, Depaihttent of Puede Safi% lionnepht County Aurnfor, Bureau of Criminal Apprehension, Menne* CmffilY VIMohn Oft* ReinseY county Warrant Office and other persona or entities deemed necemery for verffination of infoinurtion atibmiffird In the application. Your isfenattre on Mho appliadion Indicates you tantenetend thane Oh& i request that my residence address turd fielaphoone number be considered private dab. My atermadve address and telephone RUIlater are as follows: Adatess Date Initiated 1/020 /Z009 atu Revised I/1/2005 Account No. 1001.1391 TOTAL P.03 Engineering Planning ° Surveying McCombs Frank Roos Associates, Inc. Description of Right -of -Way to be vacated That part. of Selmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 1.:`.Plt('.EC;'S`1N117705'(7orrespnndencc Surt•cv`.Dcscnpuons`BAmnonl'acation-Joc `.must1;.21R18 t 4800 28th Avenue North, Suite ' 40 • Plymouth. Minnesota • 55447 phone 763/476-6010 • fax 763/476.8532 • website mfra.com Description of Watermain Easement A 20.00 foot wide easement for watermain purposes over, under, and across the following described property: Lot 1, Block 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota; And That part of vacated Belmore Lane lying easterly of the southerly extension of the west line of said Lot 1. The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 1; thence on an assumed bearing of South 00 degrees 30 minutes 47 minutes East, along the southerly extension of the west line of said Lot 1, a distance of 41.72 feet to the point of beginning of the centerline to be described; thence North 89 degrees 44 minutes 46 seconds East a distance of 19.81 feet; thence North 45 degrees 00 minutes 00 seconds East a distance of 25.62 feet; thence North 00 degrees 00 minutes 04 seconds West a distance of 157.69 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 109.48 feet to the east line of said plat, and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at the southerly extension of said west line and at said east line. \NIph\2. MN 27' 2i'_t i(.2 Intcriachcn' 1C„rkhilcs\Iiaamcnts` I.:awmcnt & \acation.doc. January 5. 2thr Description of Easement to be Vacated The south 190.95 feet of the following described easement, originally dedicated in Document No. 757344, Office of the Registrar of Titles, Hennepin County, Minnesota: Beginning at the northwest corner of Section 29, Township 117, Range 21; thence south seventy-five feet (75') along west section line; thence east thirty feet (30') along north Village limits; thence south and parallel to said west section line six hundred five feet (605'); thence thirty feet (30') due west to the west section line; thence north along west section line to the point of beginning. I''Mpls\2 MN\27\2127t;(.2lntcrlachcn\\C'urkl ilc:\l'.:t'cmcntsl T:enxnt cam. \'acanon.doc Jmnvy 5. 21n City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone (952) 927-8861 TDD (952) 826-0379 Fax (952) 826-0390 Applicant (',�/LC,r— G'AR2otL Print Name PPLIGATI Address (Zoo 4coliovA/ Lint. ebov /itN 4-7.5—•f Zip Street City/State Telephone No. 9.r2 — 92 - 74 z 0 Fax No. % — 92-051 " 713E I hereby petition the City Council of the City of Edina to vacate all of the following described public right of way pursuant to M.S. 412.851 and Edina Code Section 820: ® Street ❑ Alley ❑ Utility Easement ❑ Drainage Easement ❑ Other Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk: Dmangen@ci.edina.mn.us): Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? ❑ Yes ® 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 $425.00 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 Clty of Edina. Providing the data may disclose Information that could cause your appllcatlon to be dented. 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 Clty Staff, Department of Public Safety, Hennepin County Auditor, Bureau of Criminal Apprehension, Hennepin County Warrant Office, Ramsey County Warrant Office and other persons or entitles deemed necessary for verification of Information submitted In the appllcatlon. Your signature on this appllcatlon Indicates you understand these rights. I request t•..._ y residence address and telephone number be considered private data. My alternative address and telephone �►1„L%=rare as follovy,�� Address Telephone NumberVf S . 1\ 1 1( A Date Initiated Signature Revised 1/1/2005 Account No. 1001.4391 Engineering ` Planning ° Surveying iMccombS Frtnb RpoS Associates, Inc. Description of Right -of -Way to be vacated That part of Belmore Lan; originally dedia-ated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now tobe vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minqesota. 1.::Y11.(1)Et`t'S,:1A"! 17705;(;onctspctndelicc',Sufviytllcticsipuons`,Bc:Marr \'acation.doc August 13, 21108 14800 28th Avenue North, Suite 140 • Plymouth. Minnesota • 55447 phone 763/476-6010 • fax 763/476-8532 • website mfra.com. , 1 1 , 1 till 1 1 F 1 III 1* .; _ -WEST UNE OF LOT 1. IMLHOIT'S ADDITION i1 1 ON i%i LJ 1 1 1 ♦J a V LOT 1 BELMORE LANE r-) / —_ / 1 \ -PORTION OF BELMORE LANE TO BE VACATED - I ► (F.K.A. SETH AVE.) r - SOUTHERLY EXTENSION OF THE WEST UNE OF LOT 1, WILHOIT'-S ADDITION r♦ . r♦ Ft 1 1 1 I LJ L_ ♦% ♦♦ r♦ V1 f• ILI 1 1 F- I I 1 L_ I • LJ L_ L. ♦/ :.1 %- 1 1 I-9 1\I ♦J ♦f 1 EAST LINE OF MENDEISSOHN- i Scale:1 In. = 301t. Ellgineeng •>• Surveying FRA Bymod •Lerelota • 6540 1491028thAmos NortL Solo 140 µhsle:76 l4/8 010 McComb;FmnliAods isc763f/88 ASociates, Ino. to sfie law /JI fraccm Interlachen Country Club Belmore Avenue Edina, Minnesota Vacation Exhibit Designed. Drawn: MFH Approved: twn Initial Issue: ns/1a/2ooe Rev.: Date: Exhibit Number Project No. INT17705 Transportation Impact Study Interlachen Country Club Maintenance Building 6200 Interlachen Blvd W Np + E s September, 2008 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Edina Sun -Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for two successive week(s); it was first published on Thurs- day, the 2 day of October 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the 9 day of October , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz CFO Subscribed and sworn to or affirmed before me on this 9 day of October , 2008. Notary Public MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 City of Edina (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC 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 October 21, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT- OF-WAY EASEMENT TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota 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 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 of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, re- place, remove, or otherwise attend thereto, for the pur- pose of specifying, in any such vacation resolution, the ex- tent to which any or all of such easement, and such au- thority to maintain, and to enter upon the area of the pro- posed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen, City Clerk Dated: September 16, 2008 (Oct. 2 & 9, 2008) d1-Vac 2008-01 Belmore Ln newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Edina Sun -Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 16 day of October 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _ day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to or affirmed before me on this 16 day of October , 2008. Notary Public MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31.09 City of Edina (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF CONTINUED PUBLIC HEARING ON VACATION OF PUBLIC 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 has continued the public hearing originally schedule for October 21, 2008 at 7:00 P.M. until November 3, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a utility easement to be va- cated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT- OF-WAY EASEMENT TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota 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 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 of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, re- place, remove, or otherwise attend thereto, for the pur- pose of specifying, in any such vacation resolution, the ex- tent to which any or all of such easement, and such au- thority to maintain, and to enter upon the area of the pro- posed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Debra A. Mangen, City Clerk Dated: October 9, 2008 (Oct. 16, 2008) d1-Vac 2008-01 Belmore Ln 11.1m,:: t ,ana01.71;;I: 1.1111: 71m; II: ; 1' al: M ' ;:■•��=11. ii � amit-111:1-- 1iif4IJIL::: .,_ t� I.4 oul PaV[men �1,4P1111 ui1j .ii..i.;,,,,cim, , -.4. iliktilan r"...__.., ,-.21.111 [t per1__v ., E Iry .... lob __._ maisa, .4 ANL Fe poi is avoir rr�ila 41111111 �.. .�■ _i aiimizi prir ii ih. t __Jq� 41&.1.Rr;. ' -tom' . 1 Vot4/1 WO 1:511 111011Pk 11161**01 , wr vom mmINP111: bilis t i m ,«amenmen �I - �C,r. 14r■�► .HOC Z.,..�tt itm= ��Mr���Am� ,�� ♦ ����� r.._...:... ,ter �i■ �. _ �'iIi$'*JUIDEH ,Ir` .:■ :■..�►� ■r i►sue ill=gam �►�►Ir ter` �ilrill --�"`,�� �� 141113 , /r ItT \ cn City of Edina September 30, 2008 Mr. Shawn Sandberg Qwest 2800 Wayzata Blvd. Minneapolis, MN 55405 Re: Pending Vacation No. 2008-01 Dear Shawn: I am sending copies of the public hearing notice, the exhibit from the vacation request and an Edina check off sheet for the following vacation request received by my office. Vacation No. 2008-01 — Request to vacate a portion of Belmore Lane The City Council has scheduled the public hearing for this vacation on October 21, 2008. I would very much appreciate your response by Tuesday, October 14, 2008, 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 6 \1 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. 2008-92 Page Two (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC 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 October 21, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY EASEMENT TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota 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: September 16, 2008 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 STREET AND/OR EASEMENT VACATION REVIEW #2008-01 Proposed Property/Area To Be Vacated: Portion of Belmore Lane RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Xcel Energy by ❑ Acceptable ❑ Opposed ❑ Conditional Time Warner Cable by ❑ Acceptable ❑ Opposed ❑ Conditional Qwest by RA//1 Ocsad ❑ Acceptable El Opposed � Conditional Conditions: Location: IV££I6S 713 m4-barn 1A./ 6-i4Sel,/(%9r itlaEdrS frxrrgwco {pctc ir76-S a✓ }1E So,a rrcr Ato'fLJ Tl%E SourW /5' OF Sv4SGvr low glare 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 (952) 927-8861 TDD (952) 826-0379 Fax (952) 826-0390 Applicant (',Cti2C— C'Lf12ot.t_ Print Name Address 6Z.00 (NTByt c4tWeft/ Lam►®oft* /f V 34 Zip Street City/State Telephone No. 95-2. 921— A4Z 0 Fax No. ice - 924 - I hereby petition the City Council of the City of Edina to vacate all of the following described public right of way pursuant to M.S. 412.851 and Edina Code Section 820: ® Street ❑ Alley ❑ Utility Easement 0 Drainage Easement ❑ Other Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk: Dmangen@cLedina.mn.us): Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? ❑ Yes ® 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 mall 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 $425.00 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 Ilcense 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 Ilcense 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 entitles deemed necessary for verification of Information submitted In the application. Your signature on this application Indicates you understand these rights. I request t y residence address and telephone number be considered private data. My alternative address and telephone r ere as follos.5 � r Address }ate a Telephone Number 1 S a C1p (. i l� (7 1 Date Initiated Revised 1/1/2005 Signature Account No. 1001.4391 Engineering ° Planning ° Surveying McCombs Frank Roos Associates, Inc. Description of Right -of -Way to be vacated That part of Bellmore Lan; originally dedicated as Seth. Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the -west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota. l.:iP1.(.!1CiS\1N11771i5 CorrcvtnIdence`, eye De:cripnons',Beimorc1'acation.doc Aubvht1.1,_ZR1R 14800 28th Avenue North, Suite 140 • Plymouth. Minnesota • 55447 phone 763/476-6010 • fax 763/476.8532 • lvebsite mfra.com. I 1 1 1 1 1 t ♦ 1 Z 1 1111 I 1 1- I 1 1 1 1 L_ • —WEST UNE OF LOT 1, I. WILHOITIS ADDITION r, r. 1 1 15 1 1 11 If 1 1 1 11 11.1 LJ LJ 1 1 1 ♦J 1 ♦' LOT BELMORE LANE to to t/ — / '-- —PORTION OF BELMORE LANE TO BE VACATED — —' (F.K.A. SETH AVE.) to r — SOUTHERLY EXTENSION OF THE WEST UNE OF LOT 1, M LHOIDS ADDITION 4t I 1 1 1 ` LI L_ .i ♦. r, r- 1” 1♦/ 1 1 F- 1 1 s LJ LL_ \I K LA 1 ♦ .J /.. .. 1 1 1 , 1 1 ►4 1♦1 ♦♦ \f 1 1 1 EAST LINE OF MENDELSSOHN— i Scale:1 In. = 30ft E. Pirrikg Scriveying RIA 14eue20a— nrorcn, s� t4o P}jfnot�rl•M rre90�•55947 pions: 763141a&tro McCombcFend Ruts 763476-8532 Attoointes, ino. Webster twanthacom Interiachen Country Club Belmore Avenue Edina, Minnesota Vacation Exhibit Designed Drawn: Mrit Approved: on Initial Issue: oaftaemoe Rev.: Date: Exhibit Number Project No. INT17705 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone ❑ (612) 927-8861 TDD ❑ (612) 826-0379 Fax 0 (612) 826-0390 STREET AND/OR EASEMENT VACATION REVIEW #2008-01 Proposed Property/Area To Be Vacated: Portion of Belmore Lane RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed Centerpoint Energy by Xcel Energy by Time Warner Cable by KJ jy P 6 0 -an Qwest by Conditions: Location: R016 C. Ct.+t Oy% C) C ❑ Acceptable ❑ Acceptable O Acceptable O Acceptable ❑ Opposed 0 Opposed 0 Opposed ❑ Opposed ❑ Conditional ❑ Conditional ❑ Conditional M Conditional O Conditional Removal of 4Ext`sf,,-,b GemGasf --Fwc. li+les petit, of 1)y re6aes+or- )6.4_ 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 CenterPoint® Energy Debra Mangen, City Clerk City of Edina 4801 West 50th Street Edina, MN. 55424-1394 RE: Street Vacation of Belmore Lane Vacation number 2008-01 Dear Ms. Mangen: 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440-1165 October 8, 2008 With reference to the proposed street vacation mentioned above, CenterPoint Energy does have an existing natural gas main in that portion of Belmore Lane proposed to be vacated. Since this gas main is active and in use we must object to this proposed vacation unless suitable easement rights are reserved to CenterPoint Energy pursuant to MnSta 160.29 & MnRule 7819.3200. Please reserve an easement to CenterPoint Energy, created by and within the document establishing the street vacation and filed with the Hennepin County Recorders office, over the following area of the proposed street vacation: The north half of the to be vacated Belmore Lane. We may consider removing our objection should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas main. To discuss this and other options that may be available, please have the petitioner contact Andrew Balgobin, Administrative Engineer at 612-321-5426. Thank you for the advance notice and please send me a copy of the final action on this proposed vacation. Respectfully, CENTERPOINT ENERGY Steven Von Bargen Right -of -Way Administrator pc: Andrew Balgobin, Administrative Engineer Jessica Miller, CenterPoint Energy 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 STREET AND/OR EASEMENT VACATION REVIEW #2008-01 Proposed Property/Area To Be Vacated: Portion of Belmore Lane RETURN TO EDINA CITY CLERK NO City Engineer by / Centerpoint Energy by /W1N+ Xcel Energy by Time Warner Cable by Qwest by Conditions: Location: LATER THAN OCTOBER 14, 2008. ❑ Acceptable ❑ Opposed Acceptable ❑ Opposed ❑ Opposed ❑ Opposed ❑ Acceptable ❑ Acceptable ❑ Acceptable ❑ Opposed fee- 44 ci.he( b r-01 ❑ Conditional Eonditional ❑ Conditional ❑ Conditional ❑ 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 STREET AND/OR EASEMENT VACATION REVIEW #2008-01 Proposed Property/Area To Be Vacated: Portion of Belmore Lane RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed Centerpoint Energy by Xcel Energy by Time Warner Cable by Qwest by Conditions: Location: ❑ Acceptable ❑ Acceptable 0 Acceptable 0 Acceptable ❑ Opposed ❑ Opposed 0 Opposed ❑ Opposed 0 Conditional ❑ Conditional Conditional ❑ Conditional ❑ Conditional That easement rights in favor of Northern States Power Company d/b/y Xcel Energy be reserved for existing electric facilities, over, under and across the south 5.00 feet of that part of Belmore Lane subject to this action. 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 Smallworld Core - Electric/6 asltand "'top"" Fite:Fvil Viea.:iesl Tlx:. AFpKcatons. Wvaia, fete .:I Q- wa jur as J (EAni—j—sr 622 315 _144; , v— N CO 15A fPe^ ` 1Nothi g selected 2.1 59t` a No 6 ® I 11111GISReadOriyRepkata..' QSmeilworldCore •Elechic/...I maisitamatosaoto CO O N t0 T07 Cents: 1541361,16318942 4A till 00 _- 165.os aSiuVG6 9:13AM 1 t .• . 1 1 . . \ 1 1.1“ ; i Fri 1• • • { , , L_ \ i —WEST LINE OF LOT 1, WILHOIT'S ADDITION t♦ t♦ 1•t ; I LJ LJ -- 1 .\ It 1 1 1 LOT 1 BELMORE LANE CO —PORTION OF BELMORE LANE TO BE VACATED — (F.K.A. SETH AVE.) r — SOUTHERLY EXTENSION OF THE WEST UNE OF LOT 1, WILHOIT'S ADDITION t I CO ii 1 J L- \/ ♦. • • r • 1 r♦ r- L- L_ 1 ♦J LJ _ 1 . • 1 1 1 fy 1%1 EAST UNE OF MENDELSSOHN— i Scale: 1 In. = 301t. &• Refining • MFRA McCombs Frank Roes AsroaIatas, Ina. 1960028/hA a 104 Scam 140 P •berresobc.55447 pima: 763/4766310 c763/4766532 mi to ttivw,nacta,i Interlachen Country Club Belmore Avenue Edina, Minnesota Vacation Exhibit Designed: Drawn: MPH Approved: MN Initial Issue: eet10008 Rev: Date: Exhibit Number Project No. INT177O5 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC 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 October 21, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY EASEMENT TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota 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: September 16, 2008 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC 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 October 21, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY EASEMENT TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota 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: September 16, 2008 (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PUBLIC 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 October 21, 2008 at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY EASEMENT TO BE VACATED: That part of Belmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota 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: September 16, 2008 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 STREET AND/OR EASEMENT VACATION REVIEW #2008-01 Proposed Property/Area To Be Vacated: Portion of Belmore Lane RETURN TO EDINA CITY CLERK NO LATER THAN OCTOBER 14, 2008. City Engineer by ❑ Acceptable ❑ Opposed ❑ Conditional Centerpoint Energy by ❑ Acceptable El Opposed ❑ Conditional 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 City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone (952) 927-8861 TDD (952) 826-0379 Fax (952) 826-0390 HT OF_,WAY,..VACATION: APPLICATION; Applicant �,G32Gc' G'4fZ&o 4 L Print Name Address 6200 (.vim c4cMi/ t3t,uk• GFRit'i/A /1//V S-Sf Street Clty/State Zip Telephone No. 952 - 9Z4 — ?4 Z ® Fax No. % " 743S I hereby petition the City Council of the City of Edina to vacate all of the following described public right of way pursuant to M.S. 412.851 and Edina Code Section 820: ® Street ❑ Alley ❑ Utility Easement ❑ Drainage Easement ❑ Other Legal description of the area proposed to be vacated (Please note all legal descriptions shall be transmitted electronically to the City of Edina City Clerk: Dmangen@ci.edina.mn.us): Does the area proposed to be vacated or any part thereof terminate at or abut upon any public water? ❑ Yes ® 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 $425.00 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 appllcatlon to be dented. 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 lnfomratlon 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 entitles deemed necessary for verification of Information submitted In the appllcatlon. Your signature on this appllcatlon indicates you understand these rights. 1 request telephone Address y residence address and telephone number be considered private data. My alternative address and =r are as follo Telephone Number'? sa`M.9 t 6 6. Date Initiated Signature Revised 1/1/2005 Account No. 1001.4391 Engineering ° Planning ° Surveying McCombs Frank Roos Associates, Inc. Description of Right -of -Way to be vacated That part of Bellmore Lane, originally dedicated as Seth Avenue in the recorded plat of Mendelssohn, Hennepin County, Minnesota, and now to be vacated, which lies easterly of the southerly extension of the west line of Lot 1, Wilhoit's Addition, according to the recorded plat thereof, Hennepin County, Minnesota. L'.RR( •1I1a'tS\lic-117705\ rrcxpcntdence%4urvra Dcscr1pu ns'Bclmorr\'acation.doc August 11, 008 14800 28th Avenue North, Suite 140 • Plymouth. Minnesota • 55447 phone 763/476-6010 • fax 763/476-8532 • website mfra.com t t COUNTRY- Cu)s � okm4164 _ 17-t15-910 069488 E THOUSAND ONE HUNDRED TWENTY FIVE DOLLAR 00 CENTS City df -Edina 48d1- West 56th Si Ed ia'YIN55436 �:09 LOIN L L- S 7': INTERtAti4E44cotioniiifPE A CITY0P City of Edina Reference CONDITEDSE Jul 10/08 N/A .LONGRANGE- Jul 10/08 N/A_.. Jul 11108 Audit No Gioas-Amt Disct/RT PJ0752 700.00 0.00 PJ0752 925.00 0.00 1,125.00 0.00�_ 69488 069488 700.00 425,00 1,125..00-