10/3/00 Vacation-Drainage & Utility Easements

1013100 VACATION - DRAINAGE & UTILITY EASEMENTS - BRENDAN GLENN

I City Of Edina, Minnesota DEPARMNT OF AD~TRA'ITON 4801 West 50fhStreet, Edina, Minnesota 554241394 Phone (612) 927-8861 TDD (612)826-0379 Fax (612) 826-0390

Proposed Property,/Area To Be Vacated Brendan Glenn

City Engineer by Acceptable Opposed RConditional

U Minnegasco by 0Acceptable Opposed c] Conditional NSP by Acceptable 0Opposed c].Conditional Paragon Cable by 0Acceptable Opposed 0Conditional U.S.West by Acceptable Opposed Conditional

Location:

Please sign and return indicating receipt of notice. Thank you for your cooperation.

Return to: City Clerk City of Edina 4801 W. 50" Street Edina, MN 55424 Telephone: 826-0408 Fa: 826-0390 t

REPORT/RECOMMENDATION

To: Mayor & City Council Agenda Item # 1I.A. From: Francis J. Hoffman Consent City Engineer &d Information Only [7 Date: October 3,2000 Mgr. Recommends [7 To HRA To Council Subject: Vacation of Existing Action Motion Easement over a portion of Resolution the NW %of S6 TI16 R21 Ordinance c] Discussion Recommendation:

Vacate existing easement in Document No. 3490171 over a portion of the northwest quarter of Section 6, Township 116, Range 21 with the condition that the existing easement be replaced on the new Brendan Glenn Plat.

Info/Backg round:

The proposed vacation of the existing easement is requested by the developer of the Brendan Glenn Plat. The new plat will have a new drainage and utility easement which will replace the existing easement. Staff recommends the vacation be approved. NSP (Xcel Energy), US West (Qwest), Time Warner and Minnegasco (Reliant Energy) have all approved the request. PRELIMINARY E;zA I’

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I slILMu rnM ARU 4sAc LOT AREA 4.09 Ac Raw. AREA au AG \ NUMBER OF LOlS 6 \ LARGEST LOT 44,87l SF. \ SIAUEST LOT 20,142 SF. AVERAGE LOT 29,702 SF. CROSS Dprmy 1-46 u)Is/Ac UEAN LOT YnD-141.3 FT. NEDlAN LOT WID-13U IT. MEAN LOT DEP-183.0 Fr. YEDlAN LOT 0-174.5 Fr.

I .J . . I I .+**, II City Of Edina, Minnesota DEPARTMENT OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone (612)927-8861 TDD (612)826-0379 Fax (612)826-0390

Proposed Property/Area To Be Vacated Brendan Glenn

City Engineer by Acceptable 0Opposed 0Conditional Minnegasco 'fz7 by&-- WAcceptable Opposed Conditional

NSP by Acceptable [7 Opposed Conditional Paragon Cable by 0Acceptable 0Opposed 0Conditional U.S.West by 0Acceptable 0Opposed 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 (Official Publication) CITYOFEDINA 4801 WEST 50m STREET EDINA, MINNESOTA55424 NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE AND 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 meet on October 5, 2000, at EO0 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described utility and drainage easements:

Easement Per Doc. No. 3490171

The south seven and five tenths feet (7.5’) of the east two hundred fifteen feet (215’) of the west two hundred forty-eight feet (248’) of the northwest one-quarter of Section 6, Township 116, Range 21, and a strip of land fifteen feet (15’)in width, seven and five tenths feet (7.5’) on each side of a line described as follows:

Commencing at a point on the south line of the northwest one-quarter of Section 6, Township 116, Range 21, which point is two hundred twenty-eight feet (228’) east of the southwest corner of said northwest one-quarter: thence northeasterly deflecting 43 degrees 18 minutes from the south line of said northwest one-quarter a distance of one hundred ninety-five feet (195’); thence at a deflection angle to the right of 39 degrees 52 minutes, a distance of one hundred thirty and four tenths feet (130.4’); thence northerly to a point on the south line of Indian Hills Road, which point is five hundred eleven and three tenths feet (511.3’) east of the west line of Section 6, Township 116, Range 21.

Together with a twenty foot (20’) temporary construction easement on either side of the aforementioned permanent easement and lying within said northwest one-quarter of Section 6, Township 116, Range 21, said temporary easement to terminate December 31,19

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.

Dated August 24,2000

Please publish in the Edina Sun Current, Wednesday, September 20 and September 27,2000 Send two affidavits of publication Bill to Edina City Clerk I PRELIMINARY I PAT I 2 I OF 1

SlILwA TOTAL ARU 4.55 Ac LOT AREA 4.09 Ac Raw. AREA a* AC NUMBER aF LOTS 6 LAREST LOT 44,m SF. SIWST LOT 20,142 SF. AVCRAQ LOT 20,702 SF. CROSS oplgn 1.46 Lon/& MEAN LOT YYIOP141.3FT. MEDIAN LOT WID-132.5 FT. MEAN LOT DEPTH------lW.O FT. MEDIAN LOT D-1743 FT.

I Applicmt JANCO, INC. Pri~L'me

Address 10201 Wayzata Blvd. #220 Minnetonka, I$,nnesota 553m Sfrect [email protected] zip

I hereby petition the Civ Council of heCity cd Erlina to vacate all of the following described public right cd .way pursuant to M.S. 412.851 a-d Edina Code Section 820: Alley U-tili'ryEasement

Legal. description of the area proposed to ba vacated: See attached.

Does the area proposed to be vacated or any :?art thereof terminate al: or abut upon any public wates?a Yes ~a UITtQ3SETR:, That .rhrr mid partis. of tb. first part, 'in eonr3d- eratian of Oae ad NdlW Dollars ($t.OO), to them in hnb Faid hy th

rafd party of the second 'partI thr receipt,whereof ia her8by rciu;ariadpd

do Grant:, Bargrin, Sell, SoaVCy rat! Warrmc trr raid party 65 the reed parr an 'Eaorwnt in pewacuity for all utility and drainage purpor+s

iacLudiw&, but noc baing-limitact to, saniury #ever, starnr $&era wear

piper. incluclfng the right Co ontat for the purpast of cun#cwcthg, uintaiping, sLtsrtng, rtpairihg and recomtnrctfng raid utlttty md

dralm&e syscrmo in and over tho follwing dJscribcd ptoparty 8iC-t.

the party of the reeend part *hail in the construction, OE mrinrsnmcc '

of rafd uttLity and drainage syitea replace my shrubs or r.?d rcuvcd

by any exca-ration La connection vfch such constnctlon or uulnterunce

work, in aa nearly as ,poaaibLe the same cond1c:m as brfora ouch tXCBVaciOfl. PRELIMINARY PM 1 T 'J I I 2 I \- \ / OF I \ \ / /\ \ I 3 \ \I / \ K / \ t

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slluuIA TOTAL AREA 4.53 Ac LOT AREA 4.00 AC R.O.W. AREA a44 AC NUMBER OF LOTS 6 URCm LOT 44,67l SF. glwsT LOT 20,142 SF. AVERAGE LOT 20,702 SF. GROSS DDrmy 1.48 lo^/^ MEAN LOT W07H------141.3 FL MEDIAN LOT ID-1325 FT. MEAN LOT DEPTH------.---183.0 FT. MEDIAN LOT DEP-174.5 FT.

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/‘ / / September 10,2000

Mr. Patrick Cline Excel Energy 5309 West 70th Street Edina,MN 55435

Re: Vacation of Utility Easements .&Street Right-of-way, Brendan Glenn

Dear Patrick

I am sending copies of a public hearing notice, the exhibit from the vacation request, and an Edina check off sheet for both above referenced vacation request received by my office. The City Council has scheduled the public hearing for this vacation on October 5,2000. I would very much appreciate your response by Tuesday September 26,2000, 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,

Debraaw'%ih%y?y& Mangen City Clerk

Enclosures .

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.I ,. .. ,a City Hall (952)927-8861 4801 WEST 50TH STREET FAX (952)826-0390 EDINA, MINNESOTA 55424-1394 TDD (952)826-0379 City Of Edina, Minnesota DEPARTMENTOF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone (612) 927-8861 TDD (612) 826-0379 Fax - (612) 826-0390

Proposed Property/Area To Be Vacated Brendan Glenn

City Engineer by c] Acceptable [7 Opposed [7 Conditional

Minnegascoby A Acceptable [7 Opposed Conditional

NSP by &eptable c] Opposed Conditional Paragon Cable by c] Acceptable c] Opposed Conditional U.S.West by c] Acceptable c] Opposed [7 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 2As

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SIGN

fI City Of Edina, Minnesota DEPAR"T OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 554241394 Phone (612)927-8861 TDD (612) 826-0379 Fax (612) 826-0390

Proposed ProperQ/Area To Be Vacated Brendan Glenn

City Engineer by 0Acceptable Opposed Conditional Minnegasco by Acceptable Opposed Conditional NSP by 0Acceptable Opposed 0Conditional 7Ld&v-w 43sage~Cable @Acceptable 0Opposed Conditional U.S.West by Acceptable 0Opposed 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 DWmT.MENT OF ADMTIUTSmnON 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone (612) 927-8861 TDD (612) 826-0379 Fax (612) 5264390

Proposed Property/Area To Be Vacated: Brendan Glenn

City Engineer by Acceptable Opposed aConditional Minnegasco by 0Acceptable c] Opposed Conditional NSP by a Acceptable Opposed Conditional Paragon Cable by 0Acceptable c] Opposed 0Conditional @Acceptable 0Opposed 0Conditional

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 DEPARTMEm OF ADMINISTRATION 4801 West 50th Street, Edina, Minnesota 55424-1394 Phone - (612) 927-8561 TDD (612) 826-0379 Fax (612)826-0330

Proposed Property/Area To Be Vacated: Brendan Glenn

City Engineer by 0AcceptabIe 5Opposed Conditional Minnegasco by 0Acceptable 0Opposed Conditional NSI? by 0Acceptable Opposed 0Conditional Paragon Cable by Acceptable 0Opposed c] Conditional @Acceptable 0Opposed 0Conditional

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 (Offiad Publication) CITYOFEDINA 4801 WEST 50m STREET EDINA, MINNESOTA 55424 NOTICE OF PUBUC HEARING ON VACATION OF DRAINAGE AND 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 meet on October 5, 2000, at 700 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following described utility and drainage easements:

Easement Per Doc. No. 3490171

The south seven and five tenths feet (7.5’) of the east two hundred fifteen feet (215’) of the west two hundred forty-eight feet (248’) of the northwest one-quarter of Section 6, Township 116, Range 21, and a strip of land fifteen feet (15’) in width, seven and five tenths feet (7.5’) on each side of a line described as follows:

Commencing at a point on the south line of the northwest one-quarter of Section 6, Township 116, Range 21, which point is two hundred twenty-eight feet (228’) east of the southwest corner of said northwest one-quarter: thence northeasterly deflecting 43 degrees 18 minutes from the south line of said northwest one-quarter a distance of one hundred ninety-five feet (195’); thence at a deflection angle to the right of 39 degrees 52 minutes, a distance of one hundred thirty and four tenths feet (130.4‘); thence northerly to a point on the south line of Indian Hills Road, which point is five hundred eleven and three tenths feet (511.3’) east of the west line of Section 6, Township 116, Range 21.

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.

(I Dated August 24,2000

Please publish in the Edina Sun Current, Wednesday, September 20 and September 27,2000 Send two affidavits of publication Bill to Edina City Clerk SOHAN UPPAL 8334 VIRGINIA AVE S BLOOMINGTON MN 55438

RICHARD G PRYSE DONALD K NELSON S C URRUTIA & M M URRUTIA 6801 INDIAN HILLS RD 6709 INDIAN HILLS RD 6744 INDIAN WAY W EDINA MN 55439 EDINA MN 55439 EDINA MN 55439 ..

THOMAS & PAULA CROUCH CITY OF EDINA 6740 INDIAN WAY W 4801 50TH ST W EDINA MN 55439 EDINA MN 55424 ..

.. .. September 10,2000

Mr. Steven Von Bargen Reliant. /- P.O. Box 1165 Minneapolis, MN 55440-1165

Re: Vacation of Utility Easements & Street Right-of-way, Brendan Glenn c,.. ) Dear Steven:

Sincerely,

Debra Mangen City Clerk

Enclosures September 10,2000

Mr. Patrick Cline Excel Energy 5309 West 70th Street Edina, MN 55435

Re: Vacation of Utility Easements & Street Right-of-way, Brendan Glenn

Dear Patrick:

Sincerely,

Debra Mangen City Clerk

Enclosures September 10,2000

Ms. Jan Polander Quest 6244 Cedar Avenue So. Richfield, MN 55423

Re: Vacation of Utility Easements & Stree, Right-of-way, Brendan Glenn

Dear Jan:

Sincerely,

Debra Mangen City Clerk

Enclosures September 10,2000

Mr. Jeff Simmons Time Warner Cable 10210 Crosstown Circle Eden Prairie, MN 55435-3377

Re: Vacation of Utility Easements & Street Right-of-way, Brendan Glenn

Dear Jeff

Sincerely,

Debra Mangen City Clerk

Enclosures PRELIMINARY FXA T OF

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32 sL=mUu TOTALAREA -.SAC LOT MEA 4.W AC Raw. AREA au AC NUMBER OF Lon URCEST LOT 44.t371 SF.6 SIAUEST LOT 20.142 SF. AVERACE LOT 29.702 SF. GROSS oplgn 1.46 Lon/& MEAN LOT WO-141.3 FT. MEDIAN LOT WDTH------1= FT. MEAN LOT DEP7H------l&O FT. MEDIAN LOT DEP-1745 FT.

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sLEMIA TQTALAWSA -SAC , LOT ARU 4.09 AC Raw. AREA au AC \ NUMBER OF LOTS 6 \ URQST LOT 44.m SF. \ guuEsT LOT 20,142 SF. AVERACE LOT 29,702 SF. GROSS MNgn 1.48 Lols/AC MEAN LOT WIDM------l41.3FT. MEDIAN LOT IUD-1525 FT. MEAN LOT OEP-183.0 R. MEDIAN LOT DEpTH------174.5 R.

'I I it I I r**. iI