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Home My WebLink About1033 - ADMIN Ordinance - City Council - 1968/05/13\ii Original CR DINANCE NC. 1033 MAY 13, 1968 7E AN ORDINANCE AUTHORIZING CONVEYANCE CF TITLE TO DRAINAGE EASEMENT IN EXCHANGE FOR ACQUISITION OF TITLE TO NEW DRAINAGE EASEMENT THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. That the City has installed and there is existing a water main across the following described land: That part of the South half of the Southeast Quarter (SI of SE4) of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, lying North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South half of the Southeast Quarter; thence South along the West line of said South half of the Southeast Quarter 87. 45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262. 1 feet, thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954. 12 feet more or less to a point in the Northerly right-of-way line of State Trunk Highway No. 7; excepting therefrom that part of said South half of the Southeast quarter described as follows: Beginning at the Northeast corner of said South Half of Southeast quarter thence running West along the North line of said South half of the Southeast quarter 783 feet; thence South parallel with the East line of said South half of the Southeast quarter 499. 55 feet; thence East parallel with the North line of said South half of the Southeast quarter 783 feet more or less to a point in the East line of said South one-half of the Southeast quarter; thence North along said East line 499. 55 feet more or less to the point of beginning; also excepting that part lying within the right of way of Texas Avenue; and except all that part of the above described premises conveyed to the City of St. Louis Park for street purposes by deed recorded in office of Hennepin County, Minnesota Registrar of Deeds As Document No. 2964984, according to the United States Government Survey thereof and situate in said County and State, (hereinafter re- ferred to as "said Center"), and it is hereby determined that there is a public necessity and public need for the acquisition of an easement for this water main by the City of St. Louis Park across said land. Section 2. That the City has heretofore acquired title to the property described as follows: All that part of the South one-half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, • • , Minnesota described as follows: A strip of land 20 feet in width lying 10 feet on each side of the following described centerline: Be- ginning at the Northeast corner of said South Cne-half of the South- east Quarter, thence running West along the North line thereof a distance of 1466. 4 feet; thence running South at right angles a distance of 225. 43 feet to the actual point of beginning of the centerline to be described; thence continuing South along the last described course a distance of 204. 57 feet and there terminating, and All that part of the South Gne-half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota described as follows: A strip of land 20 feet in width lying 10 feet on each side of the following described centerline: Beginning at the north- east corner of said South Cne-half of the Southeast Quarter; thence running West along the North line thereof a distance of 1466.4 feet; thence running South at right angles a distance of 28.5 feet to the actual point of beginning of the centerline. to be described; thence running West at right angles a distance of 96 feet; thence deflecting 20°30' to the left and running Southwesterly a distance of 130 feet and there terminating. Section 3. That no public need will exist and the water main easement described in Section 2, 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 will be served by the exchange of deeds whereby the City releases the land described in Section 2. which is not require? for the existing water main and acquires in exchange therefor an easement across the land described in Section 1 hereof; that no purchase price was paid by the City for the acquisition of the easement described in Section 2, the same having been donated to the City by Minnesota Teachers Realty Corporation, upon the- terms and conditions as appear in said deed; that Iviinnesota Teachers Realty Corporation have expressed their willingness to exchange deeds as above outlined for the purpose of giving to the City the easement where the water main is located, and releasing the easement for such portion not included in the land described in Section 1 hereof, and upon the same terms and conditions as the water main easement described in Section 2 hereof. Section 4. The Mayor and City Manager 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 Minnesota Teachers Realty Corporation the portions of said easements above described in Section 2, upon the delivery to the City of a proper conveyance in form approved by the City Attorney, conveying to the City the water main easement described in Section 1 of this ordinance,conditioned m all respects the same except as to description of the land to be conveyed. -2- Section 5. This ordinance shall take effect fifteen days after its passage and publication. Adopted by the City Council iviay 20, 1968. Attest: City Clerk Ma r Reviewed for Administration: Approved as to form and legality: - ( C Ger C�c-( City Manager City Attorney -3- SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION St. Louis Park Sun 12 Suburban Square Hopkins, Minnesota State of Minnesota t County of Hennepin SS. W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park in the County of Hennepin and it has its known office of ; u es t o et a running Southwesterly a an 01 130 feet and there terminating Section 3. That no pubhc need will exist and the water main easement described in Section 2, for the public purposes for which it was acquired in any portion thereof not in c l u de d in the land described in Section 1, that the best interests of the City will be served by the exchange of deeds whereby the City releases the land described in Section 2 which is not required for the ex fisting water main and acquires in exchange therefor an easement across the land described in Sec- tion 1 hereof, that no purchase 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 Minnesota Teachers Realty Corporation, upon the terms and conditions as appear in said deed, that Minnesota Teachers Realty Corporation have expressed their willingness to exchange deeds as above outlined for the purpose of giving to the City the easement where the water main is located, and releasing the easement for such portion not included in the land described in Section 1 hereof, and upon the same terms and con. ditions as the water main ease. ment described in Section 2 here- of Section 4 The Mayor and City Manager are hereby authorized on behalf of the City to execute and deliver a quit claim deed on be- half of the City conveying and re. leasing to the Minnesota Teachers Realty Corporation the portions of said easements above described in Section 2, upon the delivery to the City of a proper conveyance in form approved by the City Attor- ney, conveying to the City the water main easement described in Section 1 of this ordinance, condi- tioned 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 May 20, 1968 (s) LEONARD J THIEL, Mayor Attest (s)EARL E HANSOM City Clerk Reviewed for Administration C D ANDRE, City Manager Approved as to form and legality H H BURRY, City Attorney (May 23, 19681—D Entitled: 1 ORDINANCE NO. 1033 • AN ORDINANCE AUTHORIZING CONVEYANCE OF TITLE TO DRAINAGE EASEMENT IN EXCHANGE FOR ACQUISITION OF TITLE TO NEW DRAINAGE EASEMENT Introduced by Date :^irst Reading -Date 5-13-68 Waived Second Reading -Date 5-20-68 Waived Vote: Aye 7 N y Published Date 5-23-68 Effective Date 6-7-68 Code Reference • 1 File No. Affidavit of Publication ST. LOUIS PARK SUN St. Louis Park, Minnesota In The Matter Of