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Home My WebLink About2140-99 - ADMIN Ordinance - City Council - 1999/07/190 \i_ 0 0 ORDINANCE NO. 2140-99 AN ORDINANCE VACATING PORTION OF UTILITY EASEMENT 2902 FLAG AVENUE SOUTH THE CITY OF ST. LOUIS PARK DOES ORDAIN. Section 1 A petition in writing signed by a majority of all of the owners of all property fronting upon the portion of the utility easement proposed to be vacated has been duly filed with the City Clerk, requesting vacation of the utility easement, and the City Clerk has furnished a copy of said petition to the City Manager who has required filing of same to the newspaper, the St Louis Park Sailor. on June 23, 1999 as directed by said notice and has conducted a public hearing upon said petition and has determined that the portion of the utility easement described below is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated Section 2 The following described portion of the utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of the following described Tract. A strip of land 40 feet in width being 20 feet on each side of the following described line Beginning at the Southwest corner of the southeast quarter of the Southwest Quarter of Section 7, Township 117, Range 21; thence North along the west line of said Southeast Quarter of the Southwest Quarter to its intersection with Easterly extension of the Northerly line of the South '/z of Lot 5, Block 1, "J F. Lyons 4th Addition " Hennepin County, Minnesota; thence Northwesterly along a tangential curve to the left, having a radius of 100.00 feet, a delta angle of 89 degrees 28 minutes 00 seconds a distance of 156 1 feet, thence Westerly tangent to the last described curve to the Northerly line of said Block 1 and there terminating, Which lies within that part of Lot 2, Block I, "J F Lyons 4th Addition "Hennepin County, Minnesota, lying West of the East 35 feet thereof • r" 0 0 Section 3. 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. Section.4. This Ordinance shall take effect fifteen days after its publication and only upon the owner granting to the City a two foot utility easement along the south property line of Lot 2, Block 1, "J. F. Lyons 4th Addition", Hennepin County, Minnesota lying West of the East 35 feet thereof. Reviewed for Administration Attest:: C. Clerk Adopted by the City Council July 19, 1999 pproved as to Form and Execution. • • Thomas J Campbell Roger N Knutson Thomas M Scott Elliott B Knetsch Suesan Lea Pace CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 August 23, 1999 Hennepin County Recorder Hennepin County Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Re: City of St Louis Park - Ordinance No. 2140-99 Dear Sir or Madam: Joel J Jamnik Andrea McDowell Poehler Matthew K Brokl* John F Kelly Matthew J Foli Marguerite M McCarron *Also licensed in Wisconsin This office is legal counsel for the City of St. Louis Park. Enclosed herewith for recording with your office is Ordinance No. 2140-99. In the event the property subject to this Ordiance is torrens, I have enclosed a photocopy of the same which I request you stamp with the appropriate recording information and return it to this office so that the City will have a copy of the recorded document for its files. In the event the property is abstract, please return the original recorded Ordinance to the undersigned. A self-addressed envelope is enclosed for your convenience. Please charge your recording fees against our deposit with your office per the attached "pink" charge slip. Feel free to change the amounts if my calculations are incorrect. If you have any questions regarding the above, please give me a call Thank you. Very truly yours, Campbell Knutson Professional Association By: cjh Enclosure Carole J. Hoe Legal Assistant Suite 317 0 Eagandale Office Center ° 1380 Corporate Center Curve ° Eagan, MN 55121 41' t971b q 00/3 OFFICE OF THE REGISTRAR OF TITLES 4ENNNEP!N COUNTY, MINNESOTA CERTIFIED FILED ON AUG 26 1999 4/:30 eY REGISTRAR 3F TITLES DEPUTY 7 = O rd . n o 41, 33 rn0 ▪ --I z m G-) ?1 c7 p 0.1C0 0 1 1Z zzb 0 ,2 I go - q 9 • 'nz 55 1.0 T O ,T, > m ,111.< - Z0 V1 3 • QUIT CLAIM DEED No delinquent taxes and transfer ate4-Certtfit. of Re4l Estate Value ( ) filed t rot require Certificate of Real Estate Value No TRANSFER ENTERED tONEpily (Y)1 WT! TAXPAYAFRV1C€S (Date) AUG 31 1999 County Auditor Deputy DEED TAX DUE: `E)1/4/ -G V Date: A -u6- 3i CP FOR VALUABLE CONSIDERATION, Daniel J. Vetsch and Karen A. Vetsch, husband and wife, Grantors, hereby convey and quitclaim to the City of St. Louis Park, a municipal corporation under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, descnbed as follows: ,� was- nen fc: it t. purpose= over, '1 i''Fr and rn:c the co,-th 2 feet of that part of Lot 2, Block 1, "J F. Lyons 4th Addition", Hennepin County, Minnesota, lying West of the East 35 feet thereof together with all hereditaments and appurtenances. The total consideration for this transaction is $500 00 or less Check box if applicable x The Seller certifies that the Seller does not know of any wells on the described real property ❑ A well disclosure certificate accompanies this document. ❑ 1 am familiar with the property descnbed in this instrument and I certify that the status and number of wells on the descnbed real property have not changed since the last previously filed well disclosure certificate Daniel J. Vetsch Z-1,en_ 2 Karen A. Vetsch STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on Vctsch and Karen A. Vetsch, husband and wife. ERIC J. BECKER Nr, , ,=UELIC-MINNESOTA PV C Expires Jan. 31, Z* tfvAMJVbWViM se THIS INSTRUMENT WAS DRAFTED BY HESSIAN & MCKASY, P A. (GES) 4700 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 330-3000 ODMA\PCDOCS\MPL 1\570093\ 1 Pal , 1999 by Daniel J. SIGNAr j RE OF NOTARY PUBLI 'Cikpit� R OFFICIAL Check here if part or a="the land is Registered (Torrens) Tax Statements for the real property descnbed in this instrument should be sent to (Include name and address of Grantee). City of St. Louis Park 5005 Minnetonka Blvd. St Louis Park, MN 55416 • Sia -14-1999 09:41 TRANSFER ENTERED HENNEFIN COUNTY TAXPAYER SERVICES JUL 21. 1998 HEMERW,COppflY 484N. BY D PUTY HENN CO PROPERTY TAX 3489716 P.02/03 Registrar of 'Titles, Hennepin, MN Date Filed: 07/21/1998 09:00 AM As Doc #: 3078764.0 Copy On CT #: 860708.0. (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT Da:v lei Ve-�-soh an � k-areA, eisc-4, as o N k hereinafter referred to as "Grantor(s)", in consideration of One Dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do(es) hereby grant unto the CITY OF ST. LOUIS PARK, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trailway, drainage and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, described as follows: That part lying northerly of a line drawn from the Southwest corner of Lot 1, Block 1, J.F. Lyons 4th Addition, and terminating at a point on the east line of said Lot 1 a distance of 90 feet south of the northeast corner of said Lot 1, all in Hennepin County, Minnesota. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstrtct, inspect, repair, and maintain said public trailway, drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trailway, drainage and utility systems. The above named Grantor(s) covenant with the City, its successors and assigns, that Grantor(s) is/are well seized in fee title of the above described easement premises; and that Grantor(s) has/have the sole right to grant and convey the easement to the City. 59774 -1- IN TESTIMONY WHEREOF, the Grantor(s) hereto has/have signed this agreement this 8 41' day of Al c t , 1998. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN GRANTOR(S): Oa The foregoing instrument was acknowledged before me this 8 #< day of /1-1,..t 1998, by D a.n/ / t L J V eK are/ 4. Vt Tsch , Grantor(s). DEPUTY cotlHT1' AUDROR 14:4NEPIN COUNTY. MR414E90TA AUTMOR{TY PER M IC4ESQTA STAT ES Wc1174.1113.16 This INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 TMS:kgm DRAFTED BY & RETURN TO: HENNEPIN COUNTY TAXPAYER SERVICES TAX FORFEITED LAND UNIT A600 GOVERNMENT ENTER/200 SOUTH 6TH STREET MINNEAPOLIS, MN 55487.0060 BOX 708 & 348-3734 DEPUTY 59774 _2_ • TOTAL P.03 Thoma, J Camrf'ell Roser N Knur-un Thomas it Sou Elliott B Kner_ch Suesan Lea Pace CAMPBELL KNUTSO7 7ty 3 Professional Association Attorne} s at Law (651) 452-5000 Fax (651) 452-5550 September 15, 1999 Mr. Carlton Moore City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 Re: 2902 Flag Avenue South, St. Louis Park PID #07-117-21-33-0047 Dear Carlton: Joel J Jamnik Andrea \lcDov.ell Poehler Matthew K Brokl- John F Kelh Nlatthev, J Foil Nlarguente M McCarron AL o lncro,d in 11. IsLnn to As you may recall, the above tax -forfeited property was sold by Hennepin County at a public auction in May, 1998. Prior to the sale, we requested that Hennepin County sell the tax -forfeited property conditioned upon the buyer granting to the City an easement over the northern part of the property for drainage, utility and trail purposes. Enclosed herewith for your files is a copy of the recorded Grant of Permanent Easement which we recently received from Gary Hoecherl in the Hennepin County Tax -Forfeited Lands Department. Please note that the Grant of Permanent Easement was filed for record on July 21, 1998, as Torrens Document No. 3078764. If you have any questions regarding the above, please give me a call. Very truly yours, Campbell Knutson Professional Association TMS:cjh Enclosure cc: Mr. Bruce Stepnick Suite 317 • Eagandale Office Center • 1380 Corporate Center Curse • Eaan, NAN 55121 STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF• PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A.07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Wednesday, the 28 day of July 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999; 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 abcdefghijklmnopgrst 7 Publisher Subscribed and swo day of to or affirmed brfore me 1999 Cil J ) jr,Publlc��.;F�.,:, hIDEL b -EDB! O?q 'w v) .C7:,iiYPL'SJC-M'N1I:SGTA �Ea HENNEPIN COUNTY �?• ,• F', Con niavon Erpru Jaz 5 i, 2Y 0 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 255 per line $ 6 20 per line $ 1 30 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2140-99 AN ORDINANCE VACATING PORTION OF UTLITY EASEMENT 2902 FLAG AVENUE SOUTH This ordinance states that a portion of the utility easement on the property located at 2902 Flag Avenue South shall be vacated This ordinance shall take effect 15 days after publication Adopted by the City Council July 19, 1999 /s/ Jeffrey W Jacobs Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (July 28, 1999) A3/ Ord 2140-99