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HomeMy WebLinkAbout1969-01-20 PARNELL AVENUE NORTH OF W. 66th ST./-- I I I 1 I . 1 ,) ' A RESOLUTION VACATING A PORTION OF PARNELT, AVENUE WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on January 20, 1969, at 7:OO p.m., on the proposed vacation hereinafter described has been given and made and a hearing has been held thereon by the Village Council; NOW, THEREFORE, be it resolved by izhe Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of Parnell Avenue, all as platted and of record in the 'office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective February 25, 1969, unless on or before said date ;his r.esolution is amended, annulled or'rescinded by the Village Council: - \ L All that part of Parnell Avenue lying between a line parallel with and three feet North of the Westerly extension of the South line of Lot 5, Block 19, "Normandalell and a circular line (concave to the North and having a radius of 50 feet)'the center of said circle being 10 feet West of the West line of Lot 4, Block 19,: "Normandale" and 50 feet South of the Westerly extension of the North line of said Lot 4. ADOPTED this 20th day of January, 1969. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA 1 CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina Village Council at its regular meeting of January 20, 1969, and that said resolution has not been amended, annulled, or rescinded by the Village/City Council, said resolution having been filed on March 14, 1969, said resolution having been filed on March 14, 1969, as Document No.3766244 - office of.the.Registrartof Deeds in and foriHennepin County. City Clerk HC 4029 # IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION OF LAND A - STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JU D I C IAL D I STRI CT ) in Relation to Land in the County ) of Hennepin and State of Minnesota ) Described in Certificate of Title ) No. 23 , as follows: ) ) That part of Lot 3 lying West of the East ) 123 feet thereof; 1 Lots 4 and 5; all in Block 18, "Normandale",) according to the recorded plat thereof. ) 1 ORDER TO SHOW CAUSE TO : # Upon receiving and filing the Report ,of the Examiner of Titles in the above entitled matter, 4 IT IS ORDERED that you, and all persons interested, appear before this Court on the '21st day of November , 19 78 , at 2:00 P.M. in Room A702 of the Hennepin County Government Center in said County, and then, or as soon thereafter as said matter can be heard, show cause, if any there be, why this Court should not enter an Order as follows: ___-. IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days prior to such'hearing upon the above named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) it shall be served at least 14 days prior to such hearing upon any of the above named non-residents by sending a copy of this Order to such non-resident at his post office address, by registered or certified mail, return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at his last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to his address as stated on the Certificate of Title if an address is so stated. Dated: November 7 78 . 19 By A. Paul Lommen JUDGE Attendance is not required at said time except to object to the entry of the above described Order. Approved: RICHARD W. EDBLOM, Examiner of Titles BY- H. Gerald Floreen Deputy Examiner ’i .: I Ibvcrzbar 17, 1971; 4801 WEST 50TH STREET. EDINA. IJINNESOTA 55424 612-927-8661 A RESOLUTION VACATING A PORTION OF PARNELL AVENUE GJZIERERS, two weeks' published, posted and mailed notice of a hearing to be held on January 20, 1969, at 7:OO p.m., on the proposed vacation hereinafter described has been given and made and a hearing has been held thereon by the Village Council; NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, fi€innesota, that the following described portion of Parnell Avenue, all as platted and of record in the office of the Register of Deeds in and for Ilennepin County, Minnesota, be and is hereby vacated effective February 25, 1969, unless on or before said date fhis r.esolution is amended, annulled or'rescinded by the Village Council: All that part of Parnell Avenue lying between a line parallel iqith and three Eeet North of the Ialesterly extension of the South line of Lot 5, Block 19, I'Normandale'' and a circular line (concave to the North and having a radius of 50 feet) the center of said circle being 10 feet West of the West line of Lot 4, Block 19,: "Normandale" and 50 feet South of the Westerly extension of the North line of said Lot 4. ADOPTED this 20th day of ganuary, 1969. STATE OH MINNESOTA ) . COUNTY OF I-IEHNEPIN ) SS CITY OF EDINA 1 CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the iSdinn Village Council at its regular meeting of January 20, 1969, and that said resol.ution has not been amended, annulled, or rescinded by the Village/City Council., said resolution having been filed on March 14, 1969, said resolution having been f ilerl on Pfarch 14, 1969 , as Document No. 3766244 office of the Registrar of Deeds in and for Ilenncpin County. City Clerk .. I F day of z IJXNEBS my hand and the seal 0-2 said Village this co January 19 69 . I I -..' I i I I - . - . .__- I I __ I . . ~ ~.. I . I I I -- . -. I I .- I. . .. . NORTHERN STATES POWER COMPANY January 14, 1969 Florence B. Hallberg Village Clerk Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mrs. Hallberg: This is to acknowledge receipt of notice of public hearing on the proposed vacation of a portion of Parnell Ave. which portion is described as .follows: All that part of Parnell Avenue lying between the Westerly extension of the South line of Lot 5, Block 19, "Normandale" and a circular line (concave to the North and having a radius of 50 feet) the West line of Lot 4, Block 19, "Normandale" and 50 feet South of the Westerly extension of the North line of said Lot 4. center of said circle being 10 feet West of the \ Please be advised that we have no objection to this vacation. Thank you for your consideration in this matter. Yours truly, E.P. Robertson Distribution Superintendent Minneapolis Division BY f C& George e. Lewis Senior Right of Way Agent EP R/GCL/pr r.' ! *_. .. .. MINNEAPOLIS GAS COMPANY MINNEAPOLIS, MINNESOTA 55402 January 15, 1969 Mrs Florence B Hallberg Edina Village Hall 4801West 50 Street Edina, Minnesota 55424 Dear Mrs Hallberg Thank you for sending notices of proposed vacations of the following streets 1. Parnell Avenue from West 66 Street extending approx- imately 142 feet north. 2. West 69% Street between France Avenue and the east line of Lot 1, Replat of Lot 2, Block 1, South Office Park 1st Addition. We have no installations in those streets and do not object to their vacation. Sincerely Warner P Blake' Operations Planning Engineer WPB : kg . -430IAY. MTH STREET - EDINA.hfL"ESOTA55124 - NOTICEOFPUBLICHEARING ON. STREFX VACATION ON PORTION OF PARNELL AVENUE Nonday. January 20. 1969. at 7:W p.m. in . the Edina Village Hall. 4801 W. 50th Street. 'and will at said place and tie consider the following street vacation: .All that part of Parnell Avenue lying between the Westerly extension of the South line of Lot 5. Block 19. "Norman- dale" and a circular line iconcave to the Sorth and having a radius of 50 feet) the center of said circle being 10 feet West of the West line of Lot 4. Block 19. "Normandale" and 50 feet South of the . X'esterly extension of the North line of ' -saidLot 4. . All objections and recommendations will be heard at said Meeting. -BY ORDER OF THE VILLAGE COUNCIL. FLORESCE B. HALLBERG Village Clerk ' - ldan.2&9.1969)--EC-2A-1OC -EDINA VILLAGE COUSCIL will meet . . .. -.I__ .. -- - I_ -- _I , 1 ~ -- v--- (Offieid Publication) VILLAGEOF EDINA ,- ' heard at said Meeting All objections and recommendations will be FLORESCE B. HALLBERG Village Clerk ; BY ORDER OF THE VILLAGE COUNCIL. - ' 1 Jan. 2 & 9.1969l--Ec-2A-lOC / ' 3- NOTICE OF PUBLIC HEARING 0.u' STREET VACATION ON PORTION OF PARNELL AVENUE ' - EDISA VILLAGE COUSCIL will meet Monday. January 20. 1969. at 7:OO pm. in 'the Edina Villa e Hall. 4801 W. 50thaStreet. 'and will at safd place and lime consider the followingstreet vacation: ' -All that part of Parnell Avenue lying ' between the Westerlv extension of the South line of Lot 5. Block 19. "Norman- dale" and a circular line iconcave to the Sorth and having a radius of 50 feet) the center of said circle being 10 feet All objections and recommendations will be FLORENCE B. HALLBERG Village Clerk BY ORDER OF THE VILLAGE COUNCIL. heatd at said Meeting lJan.2&9.1969)--Ec-2A-lOC ----- -- -- -6 _I . South line of Lot 5'Block 19 "Vorman- . dale" and a circulir line ico&;e to the Sorth and having a radius of 50 feet) . .the center of said circle being IO feet . :West of the West line of Lot-I..Block 19. "Normandale" and 50 feet Soutkof the Westerly extension of the North line at - saidI.nL4 Loi4 iertidns and recommendations Will bel ' _-.- All ob ,____. . BY ORDER OF THE VILLAGE COUNCIL. 1 I heard at said Meeting FLORENCE B. HALLBERG Villaee Clerk , -2 (Offlclnl Publication) VILLACEOF EDINA 4801 W. MTH STREET EDLVA. MNNESOTA55124 VOTICEOF PUBLIC HEARING bN S~REET VACATION ON PORTION OF PARNELL AVENUE EDIYA VILLAGE COUNCIL Will meet lIondiv JanuaN 20 1969. at 7:00 p.m. in ihe-Edina Villaie Hill. 4801 \V: 50th Street. and- will at said place. and tie consider the IOllowing street vacation: - All that part of Parnell Avenue lying - between the Westerly extension of the South line of Lot 5. Block 19. "NOrInan- dale" and a circular linclconcave to the . Sorth and having a .radius of 50 feet) the center of said. circle being 10 feet West of the West line of Lot 4. Block 19. '*Normandale" and 50 feet South pf the 1 Westerly extension of the North line of 0 I , said Lot 4 All objectidns and recommendations will bel BY ORDICR,OF THE VILLAGE COUNCIL. FLORENCE B. H.ALLBERG Ii heard atsaid Meeting Vdlnee Clerk . (Official Publication) VILLAGEOF EDINA 4801 IV. 5WH STREJ3l' EDINA, hlNNESOTA 55124 NOTICEOF PUBLIC HEARING ON STREET VACATION ON PORTION OF PARNELL AVENUE EDINA VILLAGE COUSCIL will meet Monday Januarv 20 1969 at 7:W p.m. in the EdLna Villaie Hall. 48bl W. 50th Street. and will at said dace and tie consider the followine street vacation: I AIL tha7 part of Parnell Avenue lying between the Westerly extension of the South line of Lot 5. Block 19. "Norman- dale" and a circular line iconcave to the - ; j Sorth and having a radius of 50 feet) She center of said circle being 10 feet West of the West line of Lot 4. Block 19. -Sonnandale" and 50 feet South of the . Westerly extension of the North line of j All objections and recommendations will be , said Lot 4. I 'heard at said Meeting. . BY ORDER OF THE VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk1 I Jan. 2 & 9.1969)-EC-FA-s- ~ ~ - - -I-_ _- ,- lorriiial-&iiiatioT -- I. 4 - VILLAGE OF EDNA 4801 W. SUTHSTREET EDNA, hINNESOTA 55124 NOTICE OF PUBLIC HEARING STREET VACATION ON . All that part of Parnell Avenue lving - :between the Westerly extension of'the .South line of Lot 5. Block 19 "Norman- dale" and a circular line rco&ave to the - -Sorth and having a radius of 50 feet) the center of said circle being 10 feet , - -\Vest of the West line of Lot 4 Block '19 - -"Normandale" and 50 feet South of the - -Westerlv extension of the North line of - -saidLoi4. - AI1 objections and recommendations will be heatd at said Meeting. - BY ORDER OF THE VILLAGE COUNCIL. FLORENCE B. HALLBERG Village Clerk - 1 rJan.2&9.1969)--EC-2A-lOC P -- . _- -- I ' - All objec.tions and recommendations will be 'heardat said Neeting. BY ORDER OF THE VILLAGE COUNCIL *. Village Clerk 1Jan.2&9.19E9)-FC-2A-iOC FLORENCE B~ HALLBERG I L _.._- -_- - -1 __ - (Offieinl Rtbliention) VILLAGE OF EDINA 4801 1V. SOTH STREET EDINA. BINNESOTA 55424 , NOTICEOF PUBLICHEARING ,OY STREET VACATION ON PORTION OF PARNELL AVENUE EDINA VILLAGE COLISCIL will meet ,Monday. JanuaN 20 1969 at 7:W p.m. in the Edina Villake Hall. 48bl W. 50th Street. and will .at said place and time consider the followinestreet vacation. .-.- -_ - -. -All objections and recommendations will be FLORESCEB. HALLBERG Village Clerk I Jan. 2 &9.19E91--EC-ZA-1OC 1 , heard at said Meetin . By ORDER OF +HE VILLAGE COUNCIL.' I I. .- \A $# SUN NEWSPAPERS ---- -- I (Official Pablicatioa) ' is printed in the English language in newspaper format and in column and sheet form VILLAGE OF EDINA equivalent im printed space to at least 900 square inches. (2) Said newspaper is a weekly! and - ~ 4801W.jOTHSTREm . - EDINA.1\INNESOTA55424 I. NOTICEOF PUBLIC HEARING to news of local interest to the community which it purports to serve and does not wholly OX STREI3 VACATION ON PORTION duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports I- OF PAWELL AVENUE ' GDISA VILLAGE COUSCL will meet ';\lqpdav. Januarv 20. 1969. at 7:OO pm. in to serve, has at least 500 copies regularly delivered to paying suhscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears :the Edina Village Hall. 4801 W. 54th Street. and has entry as second-class matter in its local post-office. (5) Said newspaper purports to 3 and will at said place and time consider i jhefollowmgstreet vacation: -All that part of Parnell Avenue lying aerve the City af Edina in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business r: between the Westerlv extension of the hours for the gathering of news, sale of advertisements and sale of subscriptions and main- 1 - South line of Lot 5. Blqk 19. "Norman- \ -dale" and a circular line lcpncave to the h- Sorth and having a radius of 50 feet) tained by the Inanaging officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular ' the center of said circle being 10 feet West of the West line of Lot 4. Block 19. 1 "Somandale" and 50 feet South of the business hours to the business of the newspaper and business relate& thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- , Westerlv extension of the North line of paper has complied with all the foregoing conditions for at least two years preceding the day , saidLoi4. - All objections and recommendations will be heard at said Meeting. or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the BY ORDER OF THE VILLAGE COUNCIL. FLORENCEB. HALLBERG Village Clerk is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted form prescribed by the Secretary of State and signed by the publisher of said newspaper and b > I Jan. 2 & 9.19691--EC-2A-lOC _i sworn to before a notary public stating that the newspaper is a legal newspaper. - ____ -- AFFIDAVIT OF PUBLICATION 2 EDINA SUN 6601 W. 78th St. Bloomington, Minnesota } ss. State of Minnesota County of Hennepin flOTLGE OF PUBLIC HEARING He further states on oath that the printed ................................................... hereto attached as a part hereof was cut from the columns of said newspaper. and was printed and published therein in the English language, once each week, for ......... 2 successive weeks: that it was first so published on Ilb!??!??.. the ... .g ........ day of ................. Jan. 19 69 ..... and was thereafter printed and published on every .......................... Thurs. to and including ... #bu??s *he .. .9.. day of .Jan* 19 69 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'herebv aclyowledged as bemg the size and kind of type used in the compq@on and publication of sad notxe, to wit: abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuwz pij$iz ............................. 7 Subscribed and sworn to before me this day of ....... (Notarial Seal) My Commission Expires November 8, 1971 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION EDINA SUN 6601 W. 78th St. Bloomington, Minnesota } ss. State of Minnesota County of Hennepm ,- -.I- -_I- J W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated is printed in the English kWWage in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly: and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly dqplicate any other publication and is not made up entirely 'of patents, plate matter and advertlsements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers. has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to merve the City of Edina in the County of Hennepin and it has its known office. of issue in the CitP of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and'main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding'the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of sworn to before a notary public stating that the newspaper is a legal newspaper. has been the vice president and printer of the newspaper known as The Edina Sun i. [Official hblication) and has full knowledge of the facts herein stated as follows: (1) Said newspaper VILLAGE OF EDINA FLORESCE B. H+ALLBERG Village Clerk .~ State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the b ~ I Jan. 2 &9.1969)--EC-2A-lOc form prescribed by the Secretary of State and signed by the publisher of said newspaper and - -. -_ _c_ He further states on oath that the printed . . %$~~~~. . og. .$?gBLgg.. k@@$!Zg@ hereto attached as a part hereof was cut from the columns of said newspaper. and was prhted and published therein in the English language, once each week. for ... .%. .. successive weeks; that it was first so published on .IfhuzG. the .. ...2 ...... day of ..... d&& .... 19 .68 and was thereafter printed and published on every ............ 2hVPB.m.. to and including .... .'d;h?up&& .... 9 day of .. Jan.19 69 and that the following is a printed copy of the ower case alphabet from A to Z, both inclusive, and.is 'hereby aclplowledged as bemg the size and kind of type used in the composition and pubhcahon of said notice, to wit: abcdefghijklmnopqrstuvwxyz I abcdefghijklmnopqrstuvvlxyz c ., \ \-. - '. > *-. :a ' 3, -. t .. .......... kd' ............ me this .... .y.. ..... ........ ... 2 I) I i ! My Commission Expires November 8, 1971 I 1 , r3 ... c h 7 7s-L 2T 3 THIS INSTRUMENT, Mqde this 4 adday of , 19@~ by 7LLd&2J + u"+>, , of the Caunty of Hennepin and Stote of #inneaotir, parties of the first,psrt, and the Village of Edina, d municipgl corporation organized under the 4ws of the SWte of Minnesota, party of the second part; . WITNESSETH, That the said parties of the first part, in consid- eration of One and No/100 Dollars ($1.00) , to then in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargsin, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity €or a11 utility and drainage purposes including, but not being limited to, sanritary sewer, stm sewer, water pipes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing said utility and drainage systems in and over the following described property situate in the County of Hemepin and State of Minnesota, to-wit: It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said utility and drainage systems replace any shrubs or sod removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. THIS INSTRUMENT IS EXEMPT FROM THE STATE DEED TAX. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: ‘ STATE OF MINNESOTA ) COUNTY OF HEMPIN ) ) On this 7 a day of fi-, A.D. 199, before me, a Nobary Public within and for said County, personally appeard &and 4 3 to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. (Notarial Seal) a_ FlORENCE B. HALLBERG U Notary Public, Hennepin Corinty, ,?Jinn. My Commission Expires Dec. 31, -1972 .. . . . .. . ,. . ,” . ... . -. . *..*. .-.-. I 1 1 I ' He suggcsted.that a traffic count be made before the improvement is installed and that another count be madc after the street is complctcd. If there is a substantial increase in traffic from outside the area, he would then recommend somc kind of barricade which could be put up so that only emcrgcncy vehicles could enter the area at that point. who refused to sign the petition have as much right to protection as any other residents of the Village. Mr. Hyde said that this is really the longest cul- de-sac in tlic Village and that cul-de-sacs are now limited to 700 feet because of this very problem. walking in the street if additional traffic should result. said that after hearing arguments presented by property owners, he would recom- mend that a gate be installed if the traffic count proposed by Mayor Bredesen indicates a need. Councilman Johnson advised that he does not see why a gate is needed in this area any nore than in any other area and that he believes that this would only set a precident in the Village. He further said that if this improvement is necessary to get emergency vehicles into the area, then the improvement should be authorized inasmuch as Council has an obligation for the safety of all residents. Plrs.. P. F. Pierce, 4804 Sunnysid.e Road, said that it is because of the extremely narrow road that traffic should be restricted and questioned how it can be determined if the cars involved in.the traffic count are driven by an area resident or by people from other areas of the metropolitan district. Mayor Bredesen replied that if there is an appreciable difference in the count, then someone would be stationed in the area to ask drivers the destinations of the vehicles. Following considerable discussion, Councilman Shaw because of the eighteen foot street width, a traffic count be taken in accord- ance with Mayor Bredesen's suggestion, and if the traffic count of vehicles . from.outside the Sunnyside area proves to be substantially in excess of the traffic count taken before the improvement is constructed, that a gate be in- stalled at the corner of Mackey Avenue and W. 44th Street. Mr. Pierce urged that the gate be installed before the road is opened and that a minimum im- provement, without curb and gutter be installed. Mayor Bredesen assured the group that results of traffic counts taken, first in April or May, and again in August or September after the improvement has been completed, would be reported back to a committee of neighbors. closing €hc street be referred to the Attorney General. ensued, following which Councilman Shawls motion was seconded by Councilman Courtney and the roll being called, votes were cast as follows: Councilman Courtney, "aye"; Councilman Johnson, "nay", stating that he favors the street improvement as originally proposed as being necessary for the protection of residents in the area, but that he opposes installation of the gate as being an unsound method of traffic control, of questionable legality, creating an unhealthy . precident and because he does not believe the eighteen foot road to be a sound reason for installing the gate; Councilman Shaw, "aye"; Councilman VanValkenburg, "nay", stating that he favors the construction of the road as proposed but that he does not want to be in the position of assuring residents that the road will be closed if such action would be illegal. man Courtney's motion that a legal opinion be rendered by the Village Attorney as to blocking the road and that the matter be tabled for consideration to see if the promise implied in the motion can be kept, was then seconded by Council- man Shaw and carried. they will receive notices of a new hearing. PAKVELL AVENUE STREET VACATION APPROVED. Affidavits of Notice were approved as presented by Clerk and ordered placed on file. Mr. Hoisington presented the request for vacation of a portion of Parnell Avenue lying north of West 66th Street, advising that Normandale Addition, Kreiser Replat,had been approved and variances granted in reliance on the vacation of this portion of Parnell Avcnuc. Councilman VanValkenburg thereupon offered the following resolution as recommended by the staff and the Planning Commission and moved its adoption: . Councilman Johnson n0te.d that the six people An unidentified lady mentioned the danger to.children Councilman Shaw ' moved that the street be improved as proposed, with the provision that, Dr. Zahalka requested that the legality of Additional discussion . . The motion having lost, Council- Residents were advised that when the opinion is received, . RESOLUTION VACATING A PORTION OF PARNELL AVENUE WHER€2%i, two weeks' published, posted and mailed notice of a hearing to be held on January 20, 1969, at 7:OO p.m., on the proposed street vacation hereinafter dcscribcd has been given and'made and a hearing has been held thereon by the = Village Council: NaJ, THEREFORE, be it resolved by the Village Council of the Village of Edina, itennepin County, Minnesota, that the following described portion of Parnell Avcnuc, all as platted and of record in the office of the Register of Deeds in and for knnepin County, Minnesota, be and is hereby vacated effective February I i-j ; I I ! I 1 i I .- L I 25, 1969, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: All that part of Pamcll Avenue lying between a line parallel with and three feet North of the lJcsterly extension of the South line of Lot 5, Block 19, "Normandale" and a circular line (concave to the North and having a radius of 50 feet) the center of said circle- being 10 feet West of the West line of Lot 4, Block 19, "Normandale" and 50 .feet South af the-Westerly extension of the North line of said Lot 4. Motion for adoption of the resolution was seconfed by Councilman Courtney and on rollcall there were five ayes and nopays and the reso3ution was . adopted. ATTEST : Village Clerk WEST 69 1/2 STPZET VACATION CONTINUED FOR NINETY. DAYS. Affidavits of notice we% presented by Clerk, approved as to form and ordered placed on file. Hyde advised that the vacation of West 69 1/2 Street, located just west of France Avenue, had been continued from August 5, 1968, so that it might be known just what plans the County Library was making for its Regional Branch. He advised that it is his understanding that the County has taken options on property somewhere South of W. 70th Street. A letter has been received from Dayton Development Corporation requesting that the matter be again continued until plans for the "library" site have been finalized. that for parking. Mr. James Hoben, owner of the property at 6950 France Ave. S., advised that his concern is that the street be improved for parking if it is not to be vacated, and if it is vacated, the land will be improved for a park- ing lot for the two adjacent buildings. It was noted that this street which was dedicated but never improved, ntight be needed if the property to the west should be subdivided. Councilman Shawls motion that the matter be continued for not more than ninety days and that the Planning Codssion be instructed to study the matter and make a recommendation to Council was seconded by Councilman Johnson and carried. Mr. Mr. Hyde advised the two buildings on either side of West 69 112 Street need this property HYDE PARK GRANTED PRELININARY PL4T APPROVAL SUBJECT TO EXCHANGE OF DEEDS BETlJEEN DEVELOPER AWD TE VILLAGE.. Affidavits of Notice were presented by the Clerk, approved as to form and ordered placed on file. Mr. Hoisington pre- sented Hyde Park for preliminary plat approval, advising that this twenty- four lot plat is located south of Dewey Hill Road just east of Braemar Park. Mr:EdiJard Johnston advised that he is the contract buyer and that he cannot get a deed to the property until the transfer of land is approved. ington advised that Planning Commission and the Park Board have recommended approval subject to approval of the exchange of deeds which is being worked Out. its adoption: ' Mr. Hois- Councilman Johnson thereupon offered the following resolution and moved RESOLUTION APPROVING PRELIMINARY PLAT OF , . HYDE. PARK BE IT RESOLVED by the Edina Village Council that that certain plat entitled "Hyde Park", platted by Edward Johnstcn and presented at the meeting of the Village Council of January 20, 1969, be and'is granted preliminary plat approval, subject, however, to exchange of deeds between the property owner and the Village of Edina. Motion for adoption rollcall there were ATTEST: Mayor L Village Clerk JOHN R. ERLWDSON INSECTICIDE CO>lPLAINT PXFERRED TO IiOSQUITO ABATENEXT DISTRICT AND TO PARK 1)EPXRlXI:NT. Plr. Hydc advised that a letter had been received from Elr. John-R. lirlandson, 6501 Nordic Drive, expressing concern that insccticidcs used were killing wild life in the area. ring the letter to the blosquito Abatement District and to the Edina Park Department was seconded by Councilman Johnson and carried. Councilman Courtney's notion refer- adopted by the Edinic ViPPagc Council vilt3at- Avenue a Villogc Clerk All tbt part of Parnell henue 1 ing hetwem the btPrly extwian of the Ynuth line of Lo Y 5, ?lock 19,"t:orrnandaIe" 50 and feet aT the center of qai? circle heinq 10 feet %t of ?E West line of Lot 4 P!nck 19 "llormmdale" and 50 feet South of the '!ester~y extdsinn of t6e Mort4 line of s9id Lot 4. 7ESCKIPTICN FOFi YTHiCT V"4-'-TlOfi : lapline (concave to the Forth and havinc F radiuc of :