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HomeMy WebLinkAbout94-2000 - ADMIN Ordinance - City Council - 1994/07/05•.i.a1- Swb ,.ie , -x _ _ ,,..e ' - _• - tea. ORDINANCE NO. 94-2000 AN ORDINANCE VACATING A PORTION OF THE UTILITY EASEMENT ON LOT 26 SOUTH CRESTVIEW ADDITION ANDALTIATING AN INDEMNIFICATION AGREEMENT (2036 FLAG AVENUE) THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Due to the presence of a house on Lot 26 South Crestview Addition (2036 Flag Avenue - "Property") within a public utility easement, there exists a property title defect. As a result, the City has been petitioned to vacate that portion of the utility easement the City does not consider necessary to protect the public's interest, and the City has determined that the vacation of a portion of the easement will not adversely affect the maintenance of a municipal sewer located along the Property's south line. In addition, the City has received a request that it terminate its interest in an Indemnification Agreement, dated August 20, 1984. In response to the request, the City has determined that the Indemnification Agreement may be vitiated. Section 2. Said vacation petition has been duly filed with the City Clerk, and the City Council has conducted a public hearing upon said vacation petition and determined that the portion of the public utility easement described below is not needed for public purposes, and that it is for the best interest of the public that said public utility easement be vacated. Section 3. The public utility easement as now dedicated and laid out on the Property is reduced to the following: 1. The southerly 20 feet of the easterly 31 feet, together with the southerly six feet of the westerly 51.8 feet of the easterly 82.8 feet and the southerly 20 feet of the westerly 117.2 feet of Lot 26 South Crestview Addition. Section 4. The City's interest in an Indemnification Agreement dated August 20, 1984 and filed in the Hennepin County Recorders Office as Document No. 4929852 is hereby terminated. Section 5. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. 0'4441/63L _ ....i ,4(1 Z6e704.' rcrr' • Section 6. This ordinance; shall take_effect fifteen days after its publication. Attest: s City C er Adopted by the: Ci ty- Cound f.,July 5, 1994 Review for administration: • Approved as to form and execution: City t�y • • OFF;CE OF COUNT f RECORDER NENI,r[PiN COUNTY. MINNEESOTA CERTIFIED FILED AND CR r'.:_CCPDED C4 1995 IT -5 PM 1: 33 6413665 CO. RECORDER Duplicate Fi nQ j Cettlfocate t 1 • v U 5 OFFICES DENVER, COLORADO TEL 303-893-1200 MIAMI, FLORIDA TEL 305-530-0050 WASHINGTON, D C TEL 202.824-8000 POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. INCLUDING THE LAW PRACTICE OF MASON, FENWICK & LAWRENCE, ESTABLISHED 1861 SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402-3336 TEL 612-333-4800 • FAX 612-334-8888 Beverly Flanagan City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416-2290 Dear Ms. Flanagan: HEATHER L. ILLIES DIRECT DIAL (612) 334-8796 April 7, 1995 AFFILIATIONS BEIJING, CHINA TEL 011861-5135261 LEIPZIG GERMANY TEL 01149-341-4918429 STUTTGART, GERMANY TEL 01149-711-22363 Enclosed please find Ordinance No. 2000-94, recorded in Hennepin County on 04/05/95 as document number 6413665. I am sorry for the mix up with this ordinance. Our records showed that it was sent out for filing on 8/17/94, but evidently it did not get recorded. If you have any questions or comments regarding this ordinance, please feel free to contact me. Sony again for any inconvenience this has caused. &4( v. 413 < AW-- ,fr<il Very Truly Yours, ,a(sodito_A --C1--6--Ofi-) Heather L. Mies Case Assistant 327/14089736 4(7195 ( S E A L ) ORDINANCE STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) The undersigned duly qualified and acting City Clerk of the City of St. Louis Park hereby certifies the following: 1) The attached is a full, true and correct copy of the original Ordinance 94- N0.2000 4_No2000 , adopted July 5, 1994 and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. 3) WITNESS my hand and the seal of the City Beverly A. Flanagan City Cler April 3, 1995 Date ORDINANCE N0. 94-2000 AN ORDINANCE VACATING A PORTION OF THE UTILITY EASEMENT ON LOT 26 SOUTH CRESTVIEW ADDITION AND 1LTIATING AN INDEMNIFICATION AGREEMENT (2036 FLAG AVENUE) THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Due to the presence of a house on Lot 26 South Crestview Addition (2036 Flag Avenue - "Property") within a public utility easement, there exists a property title defect. As a result, the City has been petitioned to vacate that portion of the utility easement the City does not consider necessary to protect the public's interest, and the City has determined that the vacation of a portion of the easement will not adversely affect the maintenance of a municipal sewer located along the Property's south line. In addition, the City has received a request that it terminate its interest in an Indemnification Agreement, dated August 20, 1984. In response to the request, the City has determined that the Indemnification Agreement may be vitiated. Section 2. Said vacation petition has been duly filed with the City Clerk, and the City Council has conducted a public hearing upon said vacation petition and determined that the portion of the public utility easement described below is not needed for public purposes, and that it is for the best interest of the public that said public utility easement be vacated. Section 3. The public utility easement as now dedicated and laid out on the Property is reduced to the following: 1. The southerly 20 feet of the easterly 31 feet, together with the southerly six feet of the westerly 51.8 feet of the easterly 82.8 feet and the southerly 20 feet of the westerly 117.2 feet of Lot 26 South Crestview Addition Section 4. The City's interest in an Indemnification Agreement dated August 20, 1984 and filed in the Hennepin County Recorders Office as Document No. 4929852 is hereby terminated. Section 5. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. )1PP 4441 /az.. 4'c. iPt61"3665 e/. f -9S eati Section 6. 6. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council July 5, 1994 Attest: Review for administration: Approved as to form and execution: City'Attorney i 4 OFF;( E Or C;HyiY RECORDER HENNIPIN COW f, MJNhcSOTA GERTi►'EC FILED AND CR R;:CORDED ON 1995VII -5 PH I: 33 6413665 e 'w°•► CO. RECORDER rnY 1 Duplicate Filing trocate 3XLt9l -A4 Se c • iliTE OF MINNESOTA) ss. COUNTY OF HENNEPIN) uSUN PUBL)CATIONS AFFIDAVIT OF PUBLICATION Donald W. Thurlow dN� , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as St. Louis Park Sun -Sailor , and has fun knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 94-2000 which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for o n e successive weeks; rt was first published on Wednesday , the 13 day J u I Y , 19 94 , and was thereafter pnnted and published on every and including , the day of to , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: TIME Pub l isher AcknoNAedged before me on this PUblic MEF, ).iL t HEDBLOM ;, - f'CTA',Yrd ' t117;,.ESJTA ; \,' HM'NEP N COUNTY RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 160 per line (Line, word, or inch rate) 96.8• per line (Line, word, or inch rate) 79$ per line (Line, word, or inch rate) City of St. Louis Park (Official Publication) ORDINANCE NO. 81-8603 AN, ORDINANCE VACATING A PORTION OF THE UTILITY EASEMENT ON LOT 28 SOUTH CRESTVIEW ADDITION AND VITIATING AN INDEMNIFICATION AGREEMENT (2038 FLAG AVENUE) THE CITY OF;.S$ LOUIS PARK DOES ORDAIN '\ - Sectlon 1 Due t0 the presence of a house on Lot 28 South Crestview Addition (2036 Flag Avenue - 'perty") within a pubhc ut hty easement, there exitsyts a property title defect to vvaacaate thatupram of the uGbty easement e City does not consider necessary to protect the public's interest, and the City has determined that the vacation of a portion of the easement will not adversely affect the maintenance of a municipal sewer located along the Property's south line In addition, the City has received a eest that it terminate its interest m an In- dem ication Agreement, dated August 20` 1984 In res me to the request, the City has deter - that the lndemmficahon Agreement may be vitiated Section 2. Said vacation petition has been du- ly filed with the City Clerk, and the City Coun- cil has conducted a public hearing upon said vacation petition and determined that the por- tion of the public utility easement described below is not needed far public purposes, and that it is for the best interest'01 the pubhc that said pubhc utility easement be vacated Section 3. The public utility easement as now dedicated and laid out on the Property is re- duced to the following 1 The southerly20 feet of the easterly 31 feet, westerly the we518 feet of the easwith the terly 82.8 fefeet et and the southy 20 feet of the westerly 1172 feet of Lot 28 South Crestview Addition. Section 4 The Ci 's interest in an Indem- nification_f dated August 20,1984 and field in theCounty Recorders Office as Document No. is terminated Section 5. The City Clerk is Instructed to record certified copies of this ordinance in the Office of the Homan Coimty Register of Deeds or Registrar of Mies as the case may be. Seco s. This ordinance shall take effect fif- teen days after its publication. Adopted by the City Council July 5, 1994 /sPLYLE W HANKS Mayor (July 13, 1994) -SLP