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HomeMy WebLinkAboutedi00058e- i I' October 6, 1961 , , 5/22/61 objecting to double bungalow on grounds that "transient" facilities will devalue the entire neighborhood. Highway #169 may become a Village street and less heavily traveled; and, stating that he feels petitioner's request is premature in view of possible change of route of Highway #169, Dickson moved that request be tabled. Motion seconded by Tupa and carried. At this time additional petitions in protest were filed with Council and ordered placed on file. Council asked Mr. Kreiser ~f petitioner is aware that PUBLIC KEARIWG ON PROPOSED VACATION OF W.63RD STREET FROM CONCORD AVENUE TO VIRGINIA AVENUE. of Notice Clerk presented Affidavits of Publication, Posting and Mailing of Public Hearing, which were approved as to form and ordered placed on file; and, pursuant to said Notice, Public Hearing was conducted on proposed Vacation. Hearing has been initiated on Council's own motion, relative to the improvement of streets in the general area: that Crosstown Service Drive is proposed to go just south of this street and street will not be needed for traffic movement; that none of the residences abutting the street faces it. Mr. A. L. MacLean, 6232 Concord Avenue, told iounci.1 that this particular street has been cut through, so that in effect there is a 30-foot ditch. possible that it could be restored by the Village. the negative, but on Mr. MacLaan's comment that considerzble fill should be available from the curb and gutter work soon to be done in the immediate neighborhood and it might be reasonable to put it into the ditch rather than haul it off, Manager Hyde and Council agreed that, under these circumstances, fill could be made. Mr. MacLean was told that the dedicated street would revert to the property owners; then asked if this would mean liability for any past assessments, and was told that no such liability would incur. Lastly, Mr. MacLean inquired as to whether abutting property owners would be obliged to pay an assessment on the "vacated street'' portion for the surfacing and curbing of Concord Avenue. He was informed that there should be no objection to relief from this assessment inasmuch as Estimate of Cost has been given without assess- ment for this strip. Mr. MacLean's contention that this property should bear no assessment was on the basis that owners of abutting properties are not materially benefited by the additional property to be gained by the vacation, that it will add nothing to re-sale value and will mean additional work and responsibility in caring for additional yard and for restoration of street. 1;Jith understanding that Village will fill vacated street from neighborhood curb and gutter excess dirt, thac no liability will incur for past special assessments, and that the abutting property owners will 'ur relieved of assess- ment for Concord Avenue surfacing, Mr. MacLean withdrew his objections to street vacation. There were no otner objections regisLered, and none had been received prior to Hearing. Trustee Tupa suggested chat utilities easement be retained by the Village; and Dickson offered the following Resolution and move its adoption: It was explained that there is no petition for this Vacation; that He asked if it is Mr. Bredesen answered in REsoLurTo~ VACATING STREET W.63RD STREET, BETWEEN CONCORD AND VIRGINIA AVENUES WHEREAS, two weeks' published notice and posted notice of a hearing to be had on the proposed Vacation of W.63rd Street between Concord Avenue and Virginia Avenue on May 22, 1961, at 7:OO p.m., has been given and made, and a hearing has been had thereon by the Village Council: Edina, Herinepin County, Minnesota, that W.63RD S'TR.EET, lying between the West right-of-way line of Concord Avenue and Lhe East right-of-way line of Virginia Avenue, as platted and of record in the office of the Register of Deeds of Hennepin County, Minnesota, be, and is hereby vacated; provided, however, that this vacation shall not become effective nor the street be deemed vacated unless and until the Village of Edina has received a utilities easement ten feet in width, being five feet on either side of the centerline of said vacated street, said easement to be from such parties and in such form as to give the Attorney; and that upon receipt of such easement this resolution vacating said street, excluding, however, the proviso, shall be prepared and recorded. NCrW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Village of Edina- good- and valid utilities easement as determined by the Village - Motion for adoption of Resolution was seconded by Tupa, and on Rollcall tnere were four ayes and no nays, as follows: Dickson, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; and the Resolution was adopted. ATTEST : Mayor - Village Clerk AFFIDAVIT OF PUBLICATION Edha-Morningside Courier Edina, Minnesota ~ State of Minnesota County of Hennepin JOHN E. TILTON, being duly morn, on oath says: that he now is and during all the time herein- stated has been JOHN E. TILTON, the publisher------and printer------of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from & known office established in said place of publication equipped with skilled workmen and the necessary maRnal for preparing and printing the same: THJ3 EDINA-MORNINGSIDE COURIER has had in 2s sakeup not less than twenty-five percent of its news columns devoted to local news of intweue TO said community it purports to serve, the press work of which has been done in its said knom place of pl’i3ication; has contained general news comments and miscellany; has not duplicatbl. any other publication: has not been entire- ly mide up of patents, plate matter and advertisements; has beein circulated at and near its said place of publication to the extent of 240 copies regularly delivered Bo paying subscribers; has %en entered as second class mail matter in local post Office of its said place of publication; that there has been oh file in the office of the Gouaty Auditor nf said county the affidavit of a person bav- ing first hand knowledge of the facts constituting its qualification as a newspaper for publication of legal notices; and that its publishers have compCed with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. Notine of Public Hearing Be Proposed Stree6 That the printed--------------------------------------------------------------------- tion of said Subscribed and sworn to before me this _-____ 223h-y of ____ !!%! _______ __________. 19 ____ 62 MY commission Expires - June 16, 1962 F PUBLICATION 1.....11..........11..........................=.............................-.--..---, gside Courier Edina, Minnesota State of Minnesota County of Hennepin JOHN E. TILTON, being duly morn, on oath says: that he now is and during a11 the time herein- stated has been JOHN E. TILTON, the publisher------and printer------of the newspaper known as The Edina-Morningside Courier, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of, the .printed hereto attached said newspaper was printed and published in the English language from its known office of'publication within the County of Hennepin, State of Minnesota, on Thursday of each week in column apd sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary mardial for preparing and printing the same: THE EDINA-MORNINGSIDE COURIER has had in %j sakeuu not less than twenty-five oercent of its news columns devoted to local news of intereh 'GO said community it purporg to serve, the press work of which has been done in its said Imom place of pi,.tlication; has contained general news. comments and miscellanY: has not dUUliC&%bL any other uublication: has not been entire- ly made up of patents, plate niatter and advirtisementsi has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered 40 paying subscribers; has entered as second class mail matter in local post Office of its said place of publication; that there has been on file in the office of the County Auditor of said County the affidavit of a person, hav- Ing first hand knowledge of the facts constituting Its qaalification as a newspaper for publication of legal notices; and that its publishers have cOmp%Xl with all demands of said Caun'ty Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Soclew, St. Paul. That the printed---,-------------------------------- Qf! PtZb%O &#2b!&&3 _________ P&t$jW3a @&& .......................... V.~&~~&,-*-~ ---_---- - ----- --- ------------------------_-----_---_------ flrst so published on the __----_--___-_-___ 4* day of ____-_ && --------------_-------, 19 ____ tjl and hereto attached as a part hereof.was cut from the columns of said newspaper; was published therein In the English language once a week for---~----------successive weeks; that it was thereafter on-- --_--------_- of each week to and including the---ua ________ day of ---- _--------__-----_, 19& and that the following is a copy of the lower cMe alphabet which is acknowledged to have been the size ant kind of type used in the publica- STATE OF'MINNESOTA ) COUNTY OF HeNNEPIN ) SS VILLAGE OF EDINA ) I, the undersigned, duly qppointed and acting Police Patrolman for the Village of Edina, Hennepin County, Minnesota, do hereby certify that I have posted copies of the foregoing "Notice of Public Hearing on Proposed Street Vacation" on Official Village Bulletin Boards at - 1. Village Hall. 2. Valley View Road-qnd ooddale. 3. 54th and France. &7P/77 /%E, Dated 4-23 4- 6/ - Signed and sworn to before me, a Notary Public in and for Hennepin County, Minnesota, this day of ¶ 1961. (GRETCHEN S. ALDEN) My Commission Expires 1/12/67 5 .: 0