HomeMy WebLinkAbout2025-05 VACATING EASEMENT CAPIORDINANCE NO. 2025-05
AN ORDINANCE VACATING A CERTAIN PORTION OF A DRAINAGE AND UTILITY
EASEMENT WITHIN LOT 1, BLOCK 1 OF THE PLAT OF STEEN ADDITION IN THE
CITY OF BROOKLYN CENTER, 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 City’s Planning Commission (“Planning Commission”) has
recommended approval for the plat of CAPI USA Addition (“Plat”) based on certain conditions as
set forth in the City Council Resolution No. 2025-029; and
WHEREAS, the Plat includes Lot 1, Block 1, Steen Addition which is situated in the City
at 5950 Brooklyn Boulevard (PID 03118211201011)(the “Property”); and
WHEREAS, a certain drainage and utility easement dedicated to the City in the plat of
Steen Addition currently exists on the Property (“Easement”), which as a result of the Plat of CAPI
USA Addition and the future development of the Property, is no longer needed, will interfere with
the proposed development, and is being replaced by new dedicated easements covering the
Property within the Plat; and
WHEREAS, the easement proposed to be vacated is legally described as follows:
That part of the drainage and utility easement as dedicated on Lot 1, Block 1, STEEN
ADDITION, plat on file and of record in the office of the County Recorder in and for
Hennepin County, Minnesota, being the South 5.00 feet of said Lot 1 which lies West of
the East 10.00 feet thereof and East of the West 10 feet thereof
The location of said easement to be vacated is shown in the cross hatched area on the
attached Exhibit A (the “Vacated Easement”); and
WHEREAS, City staff has determined that there is no public need to maintain the Vacated
Easement; and
WHEREAS, the City Council does not object to the vacation of the proposed Vacated
Easement; and
WHEREAS, after due notice and public hearing, the City Council has determined that the
proposed Vacated Easement will no longer be needed and it is in the public interest to vacate the
Vacated Easement; and
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 Vacated Easement is hereby vacated. Said vacation is
conditioned upon the recording of the plat of CAPI USA Addition.
Section III. Effective Date. This Ordinance shall be effective after adoption and thirty days
following its legal publication.
Section IV. Notice of Completion. Upon the Ordinance becoming effective and the plat of CAPI
USA Addition being recorded, the City Clerk 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.
Date of Publication: May 8, 2025
Effective Date: June 7, 2025
________April 14, 2025_____________ _____________________________
Date Mayor
ATTEST:____________________________
City Clerk
Certification of City Clerk
I, the undersigned duly appointed and acting City Clerk for the City of Brooklyn Center do hereby
certify that this ordinance was duly adopted by the Brooklyn Center City Council at its Regular
Meeting of 04/142025 and as recorded in the minutes of said regular meeting, Witness my hand
and seal of said City this 2nd day of July, 2025.
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