HomeMy WebLinkAbout726 - ADMIN Ordinance - City Council - 1959/12/14O
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Original
12/7/59
DECEM:BERM 1959
ORDINANCE NO„ 726
AN ORDINANCE AUTHORIZING CONVEYANCE OF
TITLE TO DRAINAGE EASEMENT IN EXCHANGE
FOR ACQUISITION OF TITLE TO NEW DRAINAGE
EASEMENT
THE CITY OF ST, LOUIS PARK DOES ORDAIN:
Section 14 That the City has installed and there is existing a storm
sewer across the following described land:
in the Northwest Quarter of the Southwest
Quarter of Section 6, Township 28, Range
24, which lies within a distance of 7.5 feet
on each side of the following described line:
Commencing at the intersection of the West-
erly Right -of -Way Line of State Trunk High-
way No., 100 and the Westerly line of the
Northwest Quarter of the Southwest Quarter
of Section 6,, Township 28, Range 24; thence
Northerly along the West line of said North-
west Quarter of the Southwest Quarter of
Section 6 a distance of 523, 00 feet to the ac-
tual point of beginning of the centerline of the
storm sewer easement to be described; thence
to the right at an angle of 40 degrees, 39 min-
utes a distance of 180.94 feet; thence to the
right at an angle of 30 degrees 52 minutes to
its intersection with the Westerly Right -of -
Way line of Trunk Highway No, 100
and it is hereby determined that there is a public necessity and public need for
the acquisition of an easement for this storm sewer by the City of St. Louis
Park across said land.
Section 24 That the City is now the owner of a sewer easement, the
conditions whereof and the land involved is more fully described in that certain
deed filed for record March 4, 1954 and recorded in book 1991 of deeds page 6,
in the office of the Register of Deeds in and for Hennepin County, Minnesota:
Section 3, That the eastern portion of the land described in Section 1
and the eastern portion of land described in Section 2 are the same but that the
westerly portions thereof vary; that no public need will exciet and the public
drainage easement described in Section 2,, with respect to the westerly portion
thereof. for the public purposes for which it was acquired in any portion thereof
not included in the land described in Section 1; that the best interests of the City
A'
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will be served by the exchange of deeds whereby the City releases any portion
of the land described in said deed as mentioned in Section Z which is not required
for the exieting sewer and acquires therefor an easement across the land descri-
bed ian Section 1 hereof; that no purchase price was paid by the City for the
acquisition of the eaaexnent described in Section 2, the same having been donated
to the City by Fred W. -Hedberg and Dorothy E Hedberg, husband and wile,
upon certain, terms and conditions as appear in said deed; that sscceesors in
tale to the said Fred W. Hedberg and Dorothy Eb Hedberg, being the C. .
Hoigaard Company have expressed their willingness to exchange deeds as
above outlined for the purpose of giving to the City the easement where the
sewer is actually located, and releasing the easement for such portion not in-
cluded in the land described in Section 1 hereof,, and upon the same terrns and
conditions as the sewer easement described in Section 2 hereof,
Section 4. The Mayor and City Manager are hereby authorized on be-
half of the City to execute and deliver a quit claim deed on behalf of the'City
conveying and releasing to the C. J. Hoigaard Company the unused portions
of said drainage easement above described in Section 2„ upon the delivery to
the City of a proper quit claim deed, in form approved by the City Attorney,
conveying to the City a drainage easement in the property used for drainage
purposes described in Section 1 of this ordinance conditioned in all respects
the same except as to description of the land to be conveyed.
Section 5, This ordinance shall take effect fifteen days after its pass-
age and publication.
Adopted by the City Coun . it ' ecember 1 { 1959.
Atte st :
ity C
Prepared by:
Reviewed f. administration: Approved as to form and legality:
City Manager
-2-
City Attorney
ORDINANCE NO. 726
ttltled: AN ORDINANCE AUTHORIZING CONVEYANCE
OF TITLE TO DRAINAGE EASEMENT IN EXCHANGE
FOR ACQUISITION OF TITLE TO NEW DRAINAGE
EASEMENT.
Introduced by Date
First Reading-Date12-7-59 Waived
Yes
Second Reading-Date12-14-59 Waived Yes
Vote: Aye 5 N=y
1 Abstaining
Publishe: Date Dec. 17. 1959
Effective Date
('^de Reference
Jan. 1, 1960
1
AFFIDAVIT OF PUBLICATION
St. Louis Park Dispatch
5407 Excelsior Blvd.
St. Louis Park, Minnesota
State of Minnesota
County of Hennepin SS.
JOHN E TILTON, being duly sworn, on oath says that he now is and during all the time herein -
stated has been JOHN E TILTON, the publisher and printer of the newspaper known
as The St Louis Park Dispatch, and has full knowledge of the facts herein stated
That for more than one year immediately prior to the publication therein of the printed
Ord nae No. _226 Re iintha_risme Csievezang@ of Title
--_ t& 48 _Za merit_ ' A-forcIuiSItiAni= !_.
W Nev Drake Easement....
hereto attached, said newspaper was printed and published in the English language from its
known office of publication within the County of Hennepin, State of Minnesota, on Thursday of
each week in column and sheet form equivalent in space to 450 running inches of single column
two inches wide, has been issued from a known office established in said place of publication
equipped with skilled workmen and the necessary material for preparing and printing the same
THE ST LOUIS PARK DISPATCH has had in its makeup not less than twenty-five percent
of its news columns devoted to local news of interest to said community it purports to serve, the
press work of which has been done in its said known place of publication. has contained general
news, comments and miscellany, has not duplicated any other publication, has not been entire-
ly made up of patents, plate matter and advertisements, has been circulated at and near its said
place of publication to the extent of 240 copies regularly delivered to paying subscribers, hes been
entered as second class mall matter in local post office of its said place of publication, that there
has been on file in the office of the County Auditor of said county the affidavit of a person hav-
ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication
of legal notices, and that its publishers have complied with all demands of said County Auditor
for proofs of its said qualification A copy of each issue has been filed with the State Historical
Society, St Paul ..a
That the printed----O$na1'nCo o. . s •
hereto attached as a part hereof was cut from the columns of said newspaper. was published
therein in the English language once a week for One successive weeks, that it was
first so published on the
17th day of December , 19 'Wand
thereafter on of each week to and including the
day of , 19____, and that the following 1s a copy of the lower case
alphabet which 1s acknowledged to have been the size and kind of type used in the publica-
OrdiltlatiCB 1To. 726. ...
tion of said
abcdefg lklmnopgrs vwxyz
Subscribed and sworn to before me this____ 17121
1 C-e--zt
Publisher
day of Dace 19 _
HOMAS D WILLIAMS
Notary Public, Hennepin County, Minn,
My Commission Expires June 16, 1963
I (Official Publication)
ORDINANCE NO. 726
AN ORDINANCE AUTHORIZING
CONVEYANCE QF TITILE TO y
DRAINAGE EASEMENT IN '
EXCHANGE FOR ACQUISITION
OF TITLE TO NEW DRAINAGE •
-EASEMENT
THE CITY OF $T, LOUIS ]r'ABfC
DOES ORDAIN: '
Section r That the City Ili.; fin.•
stalled and there, is existing a. sterol
sewer across the following described
land
in the Noithwest Quartet of the
Southwest Southwest Quarter of Section 6,
Township 28,, 'Range 24 which
lies within a -distance of 7 5 feet
on each side of the followuigp(ie;
scribed line. ' " •
Commencing , at,' the intei SgCtriol{_
of the WesterlyRight-of-Way Line
of State 'TrunHighway No '100
and the Wksterly lune of the
Northwest Quarter of the ,SGpth-
west Quarter -df Section 6, 'Town,'
/ship 28, Range 24, thence' North-
erly along. tttq, :West line, of said
Northwest 'Qts rtes' of the South-
west Quarter of Section 6 a dis-
tance of 523,00 feet to the ac:
tun' point or -beginning of the reji-"
terline of the ,6terni sewer ease-
ment to be described, thence ;to
the right aC ea angle of 40 de-
grees, 39 minatea a distance &
180 94 feet, thence to the right
at an angle Of 30 degrees 52 min-
utes to its intersection with the
Westerly Right of -Way 1Lu,. q
Trunk Highway No. 100
and it is hereby`..determined that
there is a public necessity and,puh- 1
lic need for the ,acquisition of an'
easement for this storm sewer'l'by
the City of St. ,Lows Park across
said land
Section 2. That the City is now 61, I
owner of• a sewer easement, the coo-,
ditions where6f and the land involved
is more fully described in that cer-
tain deed filed for record March 4, II
1954 and recorded in book 1991 ofl
deeds page 6, in -the office of the!
Register of Deeds in and for Henne-
pin County, Minnesota:
Section 3 That the eastern portion
of the land described in Section 1 and
the eastern. portion of land described
in Section 2 are the same but' that
the westerly positions thereof vary,
that no public need will exist and
the public drainage easement de-
scribed in Section 2, with respect to
the westerly' portion thereof, for the
Public purposes for which it was ac-
quired in any portion thereof not in-
cluded in the land described in Sec-
tion 1, that the best interests of the
City will be served by the exchange
of deeds whereby the City;reteases
any, portion of the land describ d in
said deed as mentioned in-S.ction
2 which is not required for the exist-
ing sewer and acquires therefor an
easement across the land described
in Section 1 hereof; that no pur-
chase price was paid by the City for
the acquisition of the easement de-
scribed in Section 2, the same having
been donated to the City by Fred W.
Hedberg and Dorothy E Hedberg,
husband and wife, upon certain terms
and conditions as appear in 'said
deedr that successors m title to the
said Fred W. Hedberg ,and Dorothy
E. Hedberg, being the C. J Hoi-
gaard Company have expressed their
willingness to exchange deeds as
above outlined for the purpose of giv-
ing to the City the easement where
the sewer is actually located, and
releasing the easement for such por-
tion not included in the land de-
scribed in Section 1 hereof, and upon
the same terms and conditions as the
sewer easement described in Section
2 hereof
Section 4 The Mayor and City Man-
ager are hereby authorized on behalf
of the City to execute and deliver a
quit claim deed on behalf of the City
conveying and releasing to the C. J. ,
Hoigaard Company the unused por-
tions of said drainage, easement
above described in Section 2, upon
the delivery to the City of a proper
quit claim deed, m form approved by
the City Attorney, conveying; to the
City a drainage easement in the
property used for drainage purposes
described in Section 1 of -this ordi-
nance conditioned in all respects the
same except /as to description of the
land to be conveyed
Section 5. This ordinance shall take
effect fifteen days after ,its passage
and publication
Adopted by the,,; City Council De-
cember 14, 1959
HERBERT P LEFLER
Mayor
ATTEST
JOSEPH JUSTAD
City Clerk
t ' 1959)—D