08-10-1998 Council Packet - Laserfiche WebLink

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Zoning File #2388 July 15, 1998 Page 2 of 3 easterly half of Portland Place to the immediate north of Moe's property). Dennis Hill at Hennepin County Property Descriptions indicates their records show that this vacation was recorded at Hennepin County as document #3514499 on 12/2/64. Subsequent County plat maps appear to show more area vacated than was actually vacated in 1961. 2. In 1970 the City installed sanitary sewer lines in Portland Place. The sewer as-built maps do not indicate whether Portland Place was considered as vacated at that time. In a letter on file from Mr. Moe dated November 15, 1971 he indicates he granted the City a sewer easement over "Parcel 260" i.e. a portion of the property west of Portland Place. City files appear to contain no easement documents that would confirm or deny whether an easement was granted for the sewer in Portland Place. 3. A 1975 survey on file for 1240 Spruce Place (Wallner) does not show Portland Place (or Spruce Place) as vacated. A 1978 survey on file for 1250 Spruce Place (Wolfe) does not show Portland Place (or Spruce Place) as vacated. A 1992 deed for 1250 Spruce Place does not include 'vacated Portland Place' as part of its legal description. Apparently there is no obvious assumption via these documents that a vacation ever occurred. A 1979 survey for 1208-1210 Loma Linda (Udell) shows all of Portland Place vacated and references the 1961 and 1964 dates. 4. In August 1979 City Planner Alan Olson brought to the City Council a request to confirm the vacation of Portland Place. He noted that the County Registrar had blocked filing of the Moe drainage easement (which the Moes had granted to the City over a culvert they had recently installed) because the torrens certificates did not show that Portland Place was vacated even though other County records showed the vacation. Olson noted he could not locate any City records to show an earlier vacation "except that we have a sanitary sewer easement over the vacated street apparently relying on the plat map information". Pursuant to discussion, the Council voted 4 to 0 to adopt Resolution #1062 confirming the vacation of a portion of Portland Place, specifically all of that part of Portland Place lying between Block 1 and Block 2 of Saga Hill Revised, which would include the portions adjacent to 1240 and 1250 Spruce Place. The title examiner is now questioning the validity of the 1979 Council action because we cannot provide documentation that a public hearing and formal public process was held prior to such action. In fact, based on a review of the minutes, it is likely that no such hearing was held. Staffs current view (unless/until new information surfaces) is that Portland Place has not legally been vacated. In order for the Moes to complete their title registration, they are required by the title examiner to furnish proof that the pertinent portions of Portland Place have been legally vacated. The only apparent way to accomplish this is for the applicant to request the formal vacation of Portland Place, and that is the application in front of us.