| | | | | | | | Board Action Request 22-0174
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| | | | | | | | Item Description: Release, convey, and accept a permanent highway easement adjacent to CSAH 17 as requested by MDI France Avenue LLC in Edina |
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| | | | | | | | Resolution:
BE IT RESOLVED, that 926 square feet of permanent highway easement located on County State Aid Highway (CSAH) 17 (France Avenue) in the city of Edina be declared excess right of way and no longer needed for current or future transportation related purposes, and be conveyed to MDI France Avenue LLC at no cost; that the County Administrator, the Chair and Clerk be authorized to sign the necessary conveyance documents; and that said easement is legally described as:
That part of the right of ways of France Avenue South and 70th Street West, as dedicated on the plat of A M N ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, and according to that permanent easement for highway purposes as described in the Final Certificate dated July 19,1991, recorded July 22, 1991, as Document No. 2189613, lying southerly, southeasterly and easterly of the following described line:
Commencing at the northeast corner of Lot 1, Block 1, A M N Addition; thence South 87 degrees 52 minutes 14 seconds West, assumed bearing, along the north line of said Lot 1, a distance of 72.22 feet to an angle point in said north linethence continuing along said north line South 89 degrees 50 minutes 44 seconds West, a distance of 84.67 feet to an angle point in said north line and the point of beginning of the line to be described;thence continuing South 89 degrees 50 minutes 44 seconds West, a distance of 30.87 feet;thence southwesterly 64.91 feet along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 61 degrees 59 minutes 06 secondsthence South 00 degrees 11 minutes 54 seconds East, non-tangent to said curve, a distance of 20.90 feet to the northwesterly line of said Lot 1 and there terminating.
BE IT FURTHER RESOLVED, that the County Administrator be authorized to accept 3,440 square feet of a permanent highway easement adjacent to France Avenue from MDI France Avenue LLC and US Bank at no county cost; that the County Administrator be authorized to sign the deed accepting the permanent highway easement on behalf of the county; and that said easement is legally described as:
A permanent easement for highway purposes over that part of Lot 1, Block 1, A M N ADDITION, lying westerly of the following described line:
Commencing at the northeast corner of said Lot 1; thence South 87 degrees 52 minutes 14 seconds West, assumed bearing, along the north line of said Lot 1, a distance of 72.22 feet to an angle point in said north line; thence continuing along said north line South 89 degrees 50 minutes 44 seconds West, a distance of 84.67 feet to an angle point in said north line; thence continuing South 89 degrees 50 minutes 44 seconds West, a distance of 30.87 feet; thence southwesterly 64.91 feet along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 61 degrees 59 minutes 06 seconds; thence South 00 degrees 11 minutes 54 seconds East, non-tangent to said curve, a distance of 20.90 feet to the northwesterly line of said Lot 1 and the point of beginning of the line to be described; thence continuing South 00 degrees 11 minutes 54 seconds East, a distance of 179.77 feet; thence South 07 degrees 17 minutes 28 seconds West, a distance of 49.75 feet; thence South 00 degrees 22 minutes 03 seconds East, a distance of 48.27 feet to the south line of said Lot 1, and said line there terminating.
A permanent easement for highway purposes over that part of Lot 4, Block 1, A M N ADDITION, lying westerly of the following described line:
Commencing at the northeast corner of Lot 1, said Block 1; thence South 87 degrees 52 minutes 14 seconds West, assumed bearing, along the north line of said Lot 1, a distance of 72.22 feet to an angle point in said north line; thence continuing along said north line South 89 degrees 50 minutes 44 seconds West, a distance of 84.67 feet to an angle point in said north line; thence continuing South 89 degrees 50 minutes 44 seconds West, a distance of 30.87 feet; thence southwesterly, 64.91 feet along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 61 degrees 59 minutes 06 seconds; thence South 00 degrees 11 minutes 54 seconds East, non-tangent to said curve, a distance of 20.90 feet to the northwesterly line of said Lot 1; thence continuing South 00 degrees 11 minutes 54 seconds East, a distance of 179.77 feet; thence South 07 degrees 17 minutes 28 seconds West, a distance of 49.75 feet; thence South 00 degrees 22 minutes 03 seconds East, a distance of 48.27 feet to the south line of said Lot 1 and the point of beginning of the line to be described; thence continuing South 00 degrees 22 minutes 03 seconds East, a distance of 130.24 feet; thence South 09 degrees 59 minutes 22 seconds West, a distance of 34.16 feet to the southwest corner of said Lot 4, and said line there terminating.
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| | | | | | | | Background:
MDI France Avenue LLC (MDI) acquired fee title to the real property located on the south corner of France Avenue and 70th Street West. MDI intends to develop the property into a 23-story office, retail, and apartment complex with public benefits such as new sidewalks and streets, a public plaza with art, storm water improvements, electric vehicle charging stations, and public parking stalls.
The property is currently encumbered by part of a permanent easement for highway purposes as described in the Final Certificate dated July 19, 1991, and as legally described above. This part of the 1991 acquisition was for a right turn lane on France Avenue onto 70th Street West, which has since been physically removed.
County staff reviewed the plat and determined that this part of the permanent highway easement is no longer necessary for the county’s current or future highway needs. Therefore, staff requests the board approve its declaration as surplus and conveyance to MDI France Avenue LLC at no cost.
Additionally, and US Bank agree to grant the county an additional permanent highway easement along France Avenue for future transportation purposes, such as sidewalk and boulevard space, at no county cost.
Current Request: This request is for authorization to:
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declare approximately 926 square feet of permanent highway easement located on France Avenue as legally described above as no longer needed for transportation related purposes and convey to MDI France Avenue LLC at no cost; and
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accept approximately 3,440 square feet of a permanent highway easement adjacent to France Avenue as legally described above from MDI France Avenue LLC at no county cost.
Impacts/Outcomes: Approval of this request will release interests no longer required by Hennepin County and will allow MDI to move forward with its development plan and eventual construction of the property. This action supports the county’s disparity reduction and climate action efforts by facilitating the construction of multi-family housing, pedestrian facilities, storm water management systems, and electric vehicle charging stations.
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