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Home My WebLink About2023-01 CCOCITY OF BROOKLYN CENTER Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 12, 2022 at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will include a second reading and proposed adoption of an ordinance vacating portions of storm sewer and drainage and utility easements located within Wangstad Commons, including: (1) storm sewer easement being over, under, and across Lot 1, 2, and 3, Block 6 of the plat of Wangstad's Brooklyn Terrace, Hennepin County, Minnesota. Meeting materials can be accessed by visiting the City of Brooklyn Center's website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO. 2023-01 AN ORDINANCE VACATING STORM SEWER, DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, 2, and 3, BLOCK 6, WNAGSTAD's BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA WHEREAS, the City of Brooklyn Center (the "City") is a municipal corporation, organized and existing under the laws of Minnesota and the City Charter of Brooklyn Center, Minnesota (the "Charter"); and WHEREAS, the Economic Development Authority of the City of Brooklyn Center ("EDA") is the fee owner of certain real property located at or near the intersection of Brooklyn Blvd and 61St Ave N in the City (PID 3411921430051, 3411921430050, 3411921430049) and legally described in the attached Exhibit A (the "Property"); and WHEREAS, as JO Companies ("Developer") submitted an application to vacate certain storm sewer, drainage and utility easements dedicated to the City in the plats of Wangstad's Brooklyn Terrace ("Easements"), as legally described in the attached Exhibit B and as depicted in the attached Exhibit C; and and WHEREAS, the Easements will interfere with the proposed development if not vacated; WHEREAS, City staff has determined that there is no public need to maintain the Easements; and WHEREAS, the City Council does not object to the vacation of the Vacated Easements; and WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will no longer be needed and it is in the public interest to vacate the Easements. NOW, THEREFORE, the City Council of the City of Brooklyn Center does ordain as follows: Section I. Recitals. The above recitals are hereby adopted as findings and incorporated into this Ordinance. Section II. Easement Vacation. The Easements described above and in Exhibit B and Exhibit C are hereby vacated. Section III. Effective Date. This Ordinance shall be effective after adoption and thirty days following its legal publication. Section IV. Ratification. Vacations of street," right-of-way, storm sewer, drainage and utility easements prior to the adoption of this Ordinance, to the extent they were expressly authorized by the City Council and were in the public interest, are approved and ratified as officials acts of the City by this Ordinance. Section V. Notice of Completion. Upon the Ordinance becoming effective, the City Cleric is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate. Adopted this 22 day of May, 2023. ATTEST: City Cleric Date of Publication Effective Date �r 2 EXHIBIT A Legal Description of the Property 3411921430051 Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North, Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run Southeasterly at an angle of 68 degrees 01 minutes and 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run Northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating, Block 6, Wangstad's Brooklyn Terrace, according to the recorded plat thereof, Hennepin County, Minnesota. 3411921430050 Lot 2, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the following described line: From a point on the North line of Section 3, Township 118 North Range 21 West, distant 1741.08 feet West of the Northeast corner thereof, run Southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds, with said North Section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees, 20 minutes, 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run Northwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree, 00 minute curve (delta angle 17 degrees, 20 minutes, 35.2 seconds) for 867.16 feet and there terminating, also except a triangular piece of the above described part of Lot 2 lying Southeasterly of the following described line: Beginning at a point on the Northeasterly line of the above described part of Lot 2, distant 30 feet Northwesterly of its intersection with the Southerly boundary of said Lot 2; thence run Southwesterly to a point on said Southerly boundary, distant 30 feet Westerly of said intersection, Block 6, Wangstad's Brooklyn Terrace, according to the recorded plat thereof, Hennepin County, Minnesota. 3411921430049 Lots 3 and 4, Block 6, Wangstad's Brooklyn Terrace, according to the recorded plat thereof, Hennepin County, Minnesota. A-1 EXHIBIT B Legal Description of Vacated Easements PROPOSED EASEMENT VACATION DESCRIPTION (across Lots 1, 2 and 3, Block 6, WANGSTAD'S BROOKLYN TERRACE) That part of the dedicated 10.00 foot utility easement within Lots 1, 2 and 3, Block 6, WANGSTAD'S BROOKLYN TERRACE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: The Southwesterly 5.00 feet of said Lot 1, except the Northwesterly 5.00 feet thereof. ALSO The Westerly 5.00 feet of said Lot 2. ALSO The Easterly and Northeasterly 5.00 feet of said Lot 3, except the Northwesterly 5.00 feet thereof. I: EXHIBIT C Depiction of Vacated Easements EASEMENT VACATION EXHIBIT PROPOSED EASEMENT VACATION DESCRIPTION: (SEE ATTACHED) �[-I R I LL_ F\ iv i v i \_j I f^)�)f1�)ATIr-\ I �nil1 Ar\f11TI(r\ 'N41 vV�\I vl \,-\ I k-)I �I VLJ /""tvLJ) I vI v I n-r I 3I L.nfN1, 4 L. V v \ I A 4 !_ 5 UTILITY EASEMENT _NORTHWESTER LINE LOT E — PER WANGSTAD'S \ `; BROOKLYN TERRACE \ \ IAIA NI/\^TA r\>^ \ \ PROPOSED 10' UTILITY p NO IN 5' UTILITY EASEMENT 0' 30' ADJACENT TO NORTHWESTERLY LINE OF LOT 1 VACATED PER DOC. SCALE IN FEET NO. T2476263. (EASEMENT NOT SHOWN) Y EASEMENT VACATION \ / N I \ \ L.1 1v �i NORTHEASTERLY `\ LINE LOT 3 \ L_A.JvI V� 1 1 E. LINE II LOT 3 10 S. LINE 5I 5 LOT 3 II SOUTHWESTERLY / LINE LOT 1 I s l W. LINE LOT 2 T P- A f 17- I S. LINE /®LOT 2 a co 61 ST AVENUE NORTH CENTERLINE FART OF BLOCK 6 WANGSTAD'S BROOKLYN TERRACE HENNEPIN COUNTY MINNESOTA CLIENT: JO COMPANIES, LLC SCALE; 1" m 30' DRAWN BY, JJR DATE : D510212023 ACCT. No. ; 016699 DwG: 018699 V-EX a cn 3701 40th Avenue NW Rochester, MN 65901 wsb' 507.21 B-3745 www.wshong.com C-1