HomeMy WebLinkAbout2368-09 - ADMIN Ordinance - City Council - 2009/01/05ORDINANCE NO. 2368-09
0 AN ORDINANCE VACATING DRAINAGE, UTILITY, SANITARY SEWER, AND
LANDSCAPING EASEMENTS AT
•
3900, 3912 and 3920 Excelsior Boulevard
3409, 3413 and 3417 Glenhurst Avenue South
3408, 3412 and 3416 France 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
abutting upon both sides of the easements proposed to be vacated has been duly filed. The notice of
said petition has been published in the St. Louis Park Sailor on December 4, 2008 and the City
Council has conducted a public hearing upon said petition and has determined that the easements
are not needed for public purposes, and that it is for the best interest of the public that said
easements be vacated.
Section 2. The easements described on attached Exhibits "A" through "F" as now
dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated.
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 upon relocation of the utilities and recording
of the ELLIPSE ON EXCELSIOR final plat with Hennepin County, and not less than fifteen days
after its publication.
First Reading
December 15, 2008
Second Reading
January 5, 2009
Date of Publication
January 15, 2009
Date Ordinance takes effect
January 30, 2009
for Administration
Attest:
Adopted -by the City Council January 5, 2009
Mayor
Approv-d as to Form and Execution:
-.)-7 ari "Ai ----tni,-6=. / I�,
0 City Clerk City Attorney
Ordinance No. 2368-09 -2-
EXHIBIT "A"
Description of Easement to be Vacated
That particular utility easement originally dedicated in Document Number 6921887, Office of the
County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The Northwesterly 12.00 feet of Southeasterly 14.00 feet of the Southwesterly 10.00 feet of the
following described tract of land:
That part of the Northeast 'A of the Southeast 'A of Section 6, Township 28 North, Range
24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the
Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50
feet Northwesterly at right angles from the center line of Excelsior Avenue also known as
U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described,
thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence Southwesterly parallel with the center line of Excelsior Avenue a distance
of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a
distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of
said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the
actual point of beginning, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
Ordinance No. 2368-09 -3-
EXHIBIT "B"
Description of Easement to be Vacated
That particular landscaping easement originally dedicated in Document Number 6717492, Office of
the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The Southeasterly 10.00 feet of the Northeasterly 64.70 feet of the Southwesterly 104.09 feet of
the following described tract of land:
That part of the Northeast 'A of the Southeast '/4 of Section 6, Township 28 North, Range
24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the
Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50
feet Northwesterly at right angles from the center line of Excelsior Avenue also known as
U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described,
thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence Southwesterly parallel with the center line of Excelsior Avenue a distance
of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a
distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of
said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the
actual point of beginning, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
Ordinance No. 2368-09 -4-
EXHIBIT "C"
Description of Easement to be Vacated
That particular landscaping easement originally dedicated in Document Number 6733686, Office of
the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The part of the Northwesterly 3.00 feet of the Southeasterly 20.00 feet of Lot 6, Block 5,
Minikanda Oaks, Hennepin County, Minnesota, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota, which lies Northeasterly of
the following described line:
Commencing at the Southeast corner of said Lot 6; thence Southwesterly, along the
Southeasterly line of said Lot 6, a distance of 20.16 feet to the point of beginning of said line
to be hereinafter described; thence Northwesterly, deflecting right 90 degrees 00 minutes 00
seconds a distance of 30.00 feet and there terminating.
Ordinance No. 2368-09 -5-
EXHIBIT "D"
Description of Easement to be Vacated
That particular drainage and utility easement originally dedicated in Block 5, Minikanda Oaks,
according to the recorded plat thereof, Hennepin County, Minnesota, and now to be vacated, lying
southerly of the north lines of Lots 3 and 11, said Block.
Ordinance No. 2368-09 -6-
EXHIBIT "E"
Description of Portion of Easement to be Vacated
That part of the Sanitary Sewer easement originally dedicated in Document Numbers 2695611 and
2698090, Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated,
described as follows:
An easement in and over a tract of land twenty (20) feet in width and situated in the South
One-half of Section Six (6), Township Twenty -Eight (28), Range Twenty-four (24), and
being ten (10) feet on either side of a line described as follows: Commencing on the
northwesterly line of Excelsior Avenue at a point fifty-three and 3/10 (53.3) feet
southwesterly along said Excelsior Avenue from the southwesterly line of Block Five (5),
Minikanda Oaks, according to the plat thereof on file and of record in the Office of the
Register of Deeds of said Hennepin County; thence northwesterly at right angles to Excelsior
Avenue to the point of intersection of the center line of Glenhurst Avenue extended south of
said Glenhurst Avenue extended south of said Glenhurst Avenue as laid out in the plat of
Minikanda Oaks (which line extending from Excelsior Avenue to the intersection of the
center line of Glenhurst Avenue is hereinafter referred to as Line A, and the point of said
intersection is hereinafter referred to as Point B); thence deflecting at an angle to the left of
sixty-one degrees fifteen minutes (61°15') to Line A one hundred twenty-one (121) feet;
thence in a straight line deflecting at an angle to the right of forty-nine degrees fifty-five
minutes (49°55') to said last described line a distance of sixty-five (65) feet to an existing
manhole which is the termination of existing sanitary sewer constructed to serve premises
know as Minikanda Court.
Over the following described property:
Parcel 1:
Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(Registered property: Certificate of Title No. 666066)
Parcel 2:
Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant
50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel
with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to
Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue (now Glenhurst
Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet
along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin
County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the
beginning; and
Ordinance No. 2368-09 -7-
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is
50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as
U.S. Trunk highway No. 169; thence southwesterly parallel with the centerline of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described;
thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance
of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a
distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of
said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual
point of beginning.
(abstract property)
Parcel 3:
Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(abstract property)
Ordinance No. 2368-09 -8-
EXHIBIT "F"
Description of Portion of Easement to be Vacated
That part of the Sanitary Sewer easement originally dedicated in Document Number 2650579,
Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as
follows:
That part of the Southeast Quarter (SE 1/4) of Section Six (6), Township Twenty-eight
(28), Range Twenty-four (24) West of the 4th Principal Meridian described as follows:
Certain strips of land, 10 feet in width, the center lines of which shall be the lines
described as follows: Commencing at a point on the northwesterly line of Excelsior
Avenue, as now laid out and opened a distance of 170 feet southwesterly measured along
said northwesterly line of said Excelsior Avenue from its intersection with the
southwesterly line of Minikanda Oaks; thence northwesterly at right angles to said
northwesterly line of Excelsior Avenue a distance of 300 feet to a point (which last
described line shall be known as Line A, and which point shall be known as Point B);
thence continuing at a deflection angle of 57° to the left from Line A a distance of 90
feet; thence at a deflection angle of 32° to the right from last described course a distance
of 130 feet; thence at a deflection angle of 90° to the left from last described course a
distance of 463 feet; thence at a deflection angle of 65° to the left from last described
course a distance of 160 feet and there terminating.
Also commencing at said Point B and thence at a deflection angle of 115° to the left
from said Line A a distance of 265 feet and there terminating.
Also commencing at said Point B and thence at a deflection angle of 15° to the right
from said Line A a distance of 125 feet and there terminating.
Also the right to enter upon and temporarily pile dirt upon, strips of land five (5) feet in
width parallel with and abutting the above mentioned easement strips on either side
during the progress of any construction or reconstruction of said sewer line; provided
that nothing herein contained shall be construed as to prevent parties of the first part
from placing any buildings or other construction upon all or any part of said abutting
five (5) foot strips, and the rights granted in this paragraph shall terminate as to any
portion of said five (5) foot strips upon which construction shall be placed immediately
upon commencement of said construction.
Over the following described property:
Parcel 1:
Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(Registered property: Certificate of Title No. 666066)
Ordinance No. 2368-09 -9-
Parcel 2:
Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant
50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel
with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to
Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue (now Glenhurst
Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet
along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin
County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the
beginning; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is
50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as
U.S. Trunk highway No. 169; thence southwesterly parallel with the centerline of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described;
thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance
of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a
distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of
said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual
point of beginning.
(abstract property)
Parcel 3:
Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(abstract property)
a3(A-off
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Transfer Entered
2/6/2009 4 30 00 PM
Hennepin County, Minnesota
Jill L Alverson
County Auditor and Treasurer
111111111111 1111111111111111111111111 1111111111111
Doc No A9319117
Certified filed and/orecorded on
2/6/09 4-30 PM
Office of theGounty Recorder
Hennepin County, Minnesota
Michael H Cunniff, County Recorder
Jill L Alverson, County Auditor and Treasurer
Deputy 9 Pkg ID 512719
Doc Name: Ordinance
Document Recording Fee
$46 00
Document Total
This cover sheet is now a permanent part of the recorded document.
$46 00
•
•
ORDINANCE NO. 2368-09
AN ORDINANCE VACATING DRAINAGE, UTILITY, SANITARY SEWER, AND
LANDSCAPING EASEMENTS AT
3900, 3912 and 3920 Excelsior Boulevard
3409, 3413 and 3417 Glenhurst Avenue South
3408, 3412 and 3416 France 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
abutting upon both sides of the easements proposed to be vacated has been duly filed. The notice of
said petition has been published in the St. Louis Park Sailor on December 4, 2008 and the City
Council has conducted a public hearing upon said petition and has determined that the easements
are not needed for public purposes, and that it is for the best interest of the public that said
easements be vacated.
Section 2. The easements described on attached Exhibits "A" through "F" as now
dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated.
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 upon relocation of the utilities and recording
of the ELLIPSE ON EXCELSIOR final plat with Hennepin County, and not less than fifteen days
after its publication.
First Reading
December 15, 2008
Second Reading
January 5, 2009
Date of Publication
January 15, 2009
Date Ordinance takes effect
January 30, 2009
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST. LOUIS PARK )
The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota,
certifies that the foregoing ordinance is a full, true and correct copy of the original Ordinance No.
2368-08 adopted at the St. Louis Park City Council meeting held on January 5, 2009.
WITNESS my hand and ► :•�' +f the City of St. Louis Park this 26th day of January, 2009.
O� s. • • LQ„isA
o�POI•T '•�9 --)1a/1'7
U. O dem a—
Nancy J. Str ty Clerk
•
Ordinance No. 2368-09 -2-
EXHIBIT "A"
Description of Easement to be Vacated
That particular utility easement originally dedicated in Document Number 6921887, Office of the
County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The Northwesterly 12.00 feet of Southeasterly 14.00 feet of the Southwesterly 10.00 feet of the
following described tract of land:
That part of the Northeast 'A of the Southeast 'A of Section 6, Township 28 North, Range
24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the
Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50
feet Northwesterly at right angles from the center line of Excelsior Avenue also known as
U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described,
thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence Southwesterly parallel with the center line of Excelsior Avenue a distance
of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a
distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of
said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the
actual point of beginning, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
r
r
•
e
Ordinance No. 2368-09 -3-
EXHIBIT "B"
Description of Easement to be Vacated
That particular landscaping easement originally dedicated in Document Number 6717492, Office of
the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The Southeasterly 10.00 feet of the Northeasterly 64.70 feet of the Southwesterly 104.09 feet of
the following described tract of land:
That part of the Northeast 'A of the Southeast 'A of Section 6, Township 28 North, Range
24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the
Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50
feet Northwesterly at right angles from the center line of Excelsior Avenue also known as
U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract- to be described,
thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence Southwesterly parallel with the center line of Excelsior Avenue a distance
of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a
distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of
said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the
actual point of beginning, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
Ordinance No. 2368-09 -4-
•
EXHIBIT "C"
Description of Easement to be Vacated
That particular landscaping easement originally dedicated in Document Number 6733686, Office of
the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The part of the Northwesterly 3.00 feet of the Southeasterly 20.00 feet of Lot 6, Block 5,
Minikanda Oaks, Hennepin County, Minnesota, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota, which lies Northeasterly of
the following described line:
Commencing at the Southeast corner of said Lot 6; thence Southwesterly, along the
Southeasterly line of said Lot 6, a distance of 20.16 feet to the point of beginning of said line
to be hereinafter described; thence Northwesterly, deflecting right 90 degrees 00 minutes 00
seconds a distance of 30.00 feet and there terminating.
•
O
Ordinance No. 2368-09 -5-
EXHIBIT "D"
Description of Easement to be Vacated
That particular drainage and utility easement originally dedicated in Block 5, Minikanda Oaks,
according to the recorded plat thereof, Hennepin County, Minnesota, and now to be vacated, lying
southerly of the north lines of Lots 3 and 11, said Block.
•
o
Ordinance No. 2368-09
-6-
EXHIBIT "E"
Description of Portion of Easement to be Vacated
That part of the Sanitary Sewer easement originally dedicated in Document Numbers 2695611 and
2698090, Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated,
described as follows:
An easement in and over a tract of land twenty (20) feet in width and situated in the South
One-half of Section Six (6), Township Twenty -Eight (28), Range Twenty-four (24), and
being ten (10) feet on either side of a line described as follows: Commencing on the
northwesterly line of Excelsior Avenue at a point fifty-three and 3/10 (53.3) feet
southwesterly along said Excelsior Avenue from the southwesterly line of Block Five (5),
Minikanda Oaks, according to the plat thereof on file and of record in the Office of the
Register of Deeds of said Hennepin County; thence northwesterly at right angles to Excelsior
Avenue to the point of intersection of the center line of Glenhurst Avenue extended south of
said Glenhurst Avenue extended south of said Glenhurst Avenue as laid out in the plat of
Minikanda Oaks (which line extending from Excelsior Avenue to the intersection of the
center line of Glenhurst Avenue is hereinafter referred to as Line A, and the point of said
intersection is hereinafter referred to as Point B); thence deflecting at an angle to the left of
sixty-one degrees fifteen minutes (61°15') to Line A one hundred twenty-one (121) feet;
thence in a straight line deflecting at an angle to the right of forty-nine degrees fifty-five
minutes (49°55') to said last described line a distance of sixty-five (65) feet to an existing
manhole which is the termination of existing sanitary sewer constructed to serve premises
know as Minikanda Court.
Over the following described property:
Parcel 1:
Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(Registered property: Certificate of Title No. 666066)
Parcel 2:
Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant
50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel
with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to
Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue (now Glenhurst
Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet
along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin
County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the
beginning; and
•
•
e
Ordinance No. 2368-09 -7-
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is
50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as
U.S. Trunk highway No. 169; thence southwesterly parallel with the centerline of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described;
thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance
of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a
distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of
said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual
point of beginning.
(abstract property)
Parcel 3:
Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(abstract property)
Ordinance No. 2368-09 -8-
EXHIBIT "F"
Description of Portion of Easement to be Vacated
That part of the Sanitary Sewer easement originally dedicated in Document Number 2650579,
Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as
follows:
That part of the Southeast Quarter (SE 1/4) of Section Six (6), Township Twenty-eight
(28), Range Twenty-four (24) West of the 4th Principal Meridian described as follows:
Certain strips of land, 10 feet in width, the center lines of which shall be the lines
described as follows: Commencing at a point on the northwesterly line of Excelsior
Avenue, as now laid out and opened a distance of 170 feet southwesterly measured along
said northwesterly , line of said Excelsior Avenue from its intersection with the
southwesterly line of Minikanda Oaks; thence northwesterly at right angles to said
northwesterly line of Excelsior Avenue a distance of 300 feet to a point (which last
described line shall be known as Line A, and which point shall be known as Point B);
thence continuing at a deflection angle of 57° to the left from Line A a distance of 90
feet; thence at a deflection angle of 32° to the right from last described course a distance
of 130 feet; thence at a deflection angle of 90° to the left from last described course a
distance of 463 feet; thence at a deflection angle of 65° to the left from last described
course a distance of 160 feet and there terminating.
Also, commencing at said Point B and thence at a deflection angle of 115° to the left
from said Line A a distance of 265 feet and there terminating.
Also commencing at said Point B and thence at a deflection angle of 15° to the right
from said Line A a distance of 125 feet and there terminating.
Also the right to enter upon and temporarily pile dirt upon, strips of land five (5) feet in
width parallel with and abutting the above mentioned easement strips on either side
during the progress of any construction or reconstruction of said sewer line; provided
that nothing herein contained shall be construed as to prevent parties of the first part
from placing any buildings or other construction upon all or any part of said abutting
five (5) foot strips, and the rights granted in this paragraph shall terminate as to any
portion of said five (5) foot strips upon which construction shall be placed immediately
upon commencement of said construction.
Over the following described property:
Parcel 1:
Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(Registered property: Certificate of Title No. 666066)
•
Ordinance No. 2368-09 -9-
J
Parcel 2:
Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant
50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel
with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to
Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue (now Glenhurst
Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet
along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin
County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the
beginning; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is
50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as
U.S. Trunk highway No. 169; thence southwesterly parallel with the centerline of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described;
thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance
of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a
distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of
said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual
point of beginning.
(abstract property)
Parcel 3:
Lot 6, Block 5, in "Minikanda Oak's, Hennepin County, Minnesota".
(abstract property) ,
;3 (07#09
A
• VIII
•
UI ffl lIU I0I 0II 011111111111111111111111111110111101101111
Doc No T4612860
Certified, filed and/or recorded on
2/10/09 1 04 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H Cunniff, Registrar of Titles
Jill L Alverson, County Auditor and Treasurer
Deputy 45
Doc Name: Ordinance
Document Recording Fee
Pkg ID 511216
$46 00
Document Total
Existing Certs
666066
This cover sheet is now a permanent part of the recorded document
New Certs
$46 00
ORDINANCE NO. 2368-09
AN ORDINANCE VACATING DRAINAGE, UTILITY, SANITARY SEWER, AND
LANDSCAPING EASEMENTS AT
/
3900, 3912 and 3920 Excelsior Boulevard
3409, 3413 and 3417 Glenhurst Avenue South
3408, 3412 and 3416 France 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
abutting upon both sides of the easements proposed to be vacated has been duly filed. The notice of
said petition has been published in the St. Louis Park Sailor on December 4, 2008 and the City
Council has conducted a public hearing upon said petition and has determined that the easements
are not needed for public purposes, and that it is for the best interest of the public that said
easements be vacated.
Section 2. The easements described on attached Exhibits "A" through "F" as now
dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated.
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 upon relocation of the utilities and recording
of the ELLIPSE ON EXCELSIOR final plat with Hennepin County, and not less than fifteen days
after its publication.
First Reading
December 15, 2008
Second Reading
January 5, 2009
Date of Publication
January 15, 2009
Date Ordinance takes effect
January 30, 2009
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST. LOUIS PARK )
The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota,
certifies that the foregoing ordinance is a full, true and correct copy of the original Ordinance No.
2368-08 adopted at the St. Louis Park City Council meeting held on January 5, 2009.
WITNESS my hand and the Seal of the City of St. Louis Park this 26th day of January, 2009.
Nancy J. St'fotlf, City Clerk
•
•
Ordinance No. 2368-09
Description of Easement to be Vacated
-2-
EXHIBIT "A"
That particular utility easement originally dedicated in Document Number 6921887, Office of the
County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The Northwesterly 12.00 feet of Southeasterly 14.00 feet of the Southwesterly 10.00 feet of the
following described tract of land:
That part of the Northeast '/4 of the Southeast 'A of Section 6, Township 28 North, Range
24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the
Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50
feet Northwesterly at right angles from the center line of Excelsior Avenue also known as
U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described,
thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence Southwesterly parallel with the center line of Excelsior Avenue a distance
of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a
distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of
said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the
actual point of beginning, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
•
Ordinance No. 2368-09 -3-
EXHIBIT "B"
Description of Easement to be Vacated
That particular landscaping easement originally dedicated in Document Number 6717492, Office of
the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows:
The Southeasterly 10.00 feet of the Northeasterly 64.70 feet of the Southwesterly 104.09 feet of
the following described tract of land:
That part of the Northeast '/a of the Southeast IA of Section 6, Township 28 North, Range
24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the
Southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50
feet Northwesterly at right angles from the center line of Excelsior Avenue also known as
U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described,
thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence Southwesterly parallel with the center hne of Excelsior Avenue a distance
of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a
distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of
said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the
actual point of beginning, according to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
Ordinance No. 2368-09 -4-
EXHIBIT "C"
-Description of Easement to be Vacated
That particular landscaping easement originally dedicated in Document Number 6733686, Office of
the County Recorder, Hennepin Counry, Minnesota, and now to be vacated, described as follows:
The part of the Northwesterly 3.00 feet of the Southeasterly 20.00 feet of Lot 6, Block 5,
Minikanda Oaks, Hennepin County, Minnesota, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota, which lies Northeasterly of
the following described line:
Commencing at the Southeast corner of said Lot 6; thence Southwesterly, along the
Southeasterly line of said Lot 6, a distance of 20.16 feet to the point of beginning of said line
to be hereinafter described; thence Northwesterly, deflecting right 90 degrees 00 minutes 00
seconds a distance of 30.00 feet and there terminating.
•
•
Ordinance No. 2368-09 -5-
EXHIBIT "D"
Description of Easement to be Vacated
That particular drainage and utility easement originally dedicated in Block 5, Minikanda Oaks,
according to the recorded plat thereof, Hennepin County, Minnesota, and now to be vacated, lying
southerly of the north lines of Lots 3 and 11, said Block.
Ordinance No. 2368-09 -6-
EXHIBIT "E"
Description of Portion of Easement to be Vacated
That part of the Sanitary Sewer easement originally dedicated in Document Numbers 2695611 and
2698090, Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated,
described as follows:
An easement in and over a tract of land twenty (20) feet in width and situated in the South
One-half of Section Six (6), Township Twenty -Eight (28), Range Twenty-four (24), and
being ten (10) feet on either side of a line described as follows: Commencing on the
northwesterly line of Excelsior Avenue at a point fifty-three and 3/10 (53.3) feet
southwesterly along said Excelsior Avenue from the southwesterly line of Block Five (5),
Minikanda Oaks, according to the plat thereof on file and of record in the Office of the
Register of Deeds of said Hennepin County; thence northwesterly at right angles to Excelsior
Avenue to the point of intersection of the center line of Glenhurst Avenue extended south of
said Glenhurst Avenue extended south of said Glenhurst Avenue as laid out in the plat of
Minikanda Oaks (which line extending from Excelsior Avenue to the intersection of the
center line of Glenhurst Avenue is hereinafter referred to as Line A, and the point of said
intersection is hereinafter referred to as Point B); thence deflecting at an angle to the left of
sixty-one degrees fifteen minutes (61°15') to Line A one hundred twenty-one (121) feet;
thence in a straight line deflecting at an angle to the right of forty-nine degrees fifty-five
minutes (49°55') to said last described line a distance of sixty-five (65) feet to an existing
manhole which is the termination of existing sanitary sewer constructed to serve premises
know as Minikanda Court.
Over the following described property:
Parcel 1:
Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(Registered property: Certificate of Title No. 666066)
Parcel 2:
Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant
50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel
with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to
Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue (now Glenhurst
Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet
along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin
County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the
beginning; and
k
•
Ordinance No. 2368-09
-7-
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is
50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as
U.S. Trunk highway No. 169; thence southwesterly parallel with the centerline of Excelsior
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described;
thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance
of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a
distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of
said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual
point of beginning.
(abstract property)
Parcel 3:
Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(abstract property)
•
•
Ordinance No. 2368-09 -8-
•
EXHIBIT "F"
Description of Portion of Easement to be Vacated
That part of the Sanitary Sewer easement originally dedicated in Document Number 2650579,
Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as
follows:
That part of the Southeast Quarter (SE 1/4) of Section Six (6), Township Twenty-eight
(28), Range Twenty-four (24) West of the 4th Principal Meridian described as follows:
Certain strips of land, 10 feet in width, the center lines of which shall be the lines
described as follows: Commencing at a point on the northwesterly line of Excelsior
Avenue, as now laid out and opened a distance of 170 feet southwesterly measured along
said northwesterly line of said Excelsior Avenue from its intersection with the
southwesterly line of Minikanda Oaks; thence northwesterly at right angles to said
northwesterly line of Excelsior Avenue a distance of 300 feet to a point (which last
described line shall be known as Line A, and which point shall be known as Point B);
thence continuing at a deflection angle of 570 to the left from Line A a distance of 90
feet; thence at a deflection angle of 32° to the right from last described course a distance
of 130 feet; thence at a deflection angle of 90° to the left from last described course a
distance of 463 feet; thence at a deflection angle of 65° to the left from last described
course a distance of 160 feet and there terminating.
Also commencing at said Point B and thence at a deflection angle of 1150 to the left
from said Line A a distance of 265 feet and there terminating.
Also commencing at said Point B and thence at a deflection angle of 15° to the right
from said Line A a distance of 125 feet and there terminating.
Also the right to enter upon and temporarily pile dirt upon, strips of land five (5) feet in
width parallel with and abutting the above mentioned easement strips on either side
during the progress of any construction or reconstruction of said sewer line; provided
that nothing herein contained shall be construed as to prevent parties of the first part
from placing any buildings or other construction upon all or any part of said abutting
five (5) foot strips, and the rights granted in this paragraph shall terminate as to any
portion of said five (5) foot strips upon which construction shall be placed immediately
upon commencement of said construction.
Over the following described property:
.069
Parcel 1:
Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
(Registered property: Certificate of Title No. 666066)
Ordinance No. 2368-09 -9-
Parcel 2:
Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant
50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel
with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to
Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue (now Glenhurst
Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet
along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin
County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the
beginning; and
That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28,
Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on
the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is
50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as
f.. U.S. Trunk highway No. 169; thence southwesterly parallel with the centerline of Excelsior ,
Avenue a distance of 30 feet to the actual point of beginning of the tract to be described;
thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance
of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance
of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a
distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of
said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual
point of beginning.
(abstract property)
Parcel 3:
ti Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota".
Z (abstract property)
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
St Louts Park Sun -Sailor
and has full knowledge of the facts stated
below
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn Stat §331A 02, §331A 07,
and other applicable laws as amended
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s), it was first published on Thurs-
day, the 15 day of January
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ___ day of
, 2009, and printed
below is a copy of the lower case alpha-
bet 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
•
abcdefghilkimnopgrstuvwxyz
Subscribed and sworn to or affirmed
before me on this 15 day of
January , 2009
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1-31-14
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO 2368-09
ORDINANCE VACATING EASEMENTS
3900, 3912 and 3920 Excelsior Boulevard
3409, 3413 and 3417 Glenhurst Avenue South
3408, 3412 and 3416 France Avenue South
This ordinance states that drainage, utility, sanitary sewer,
and landscaping easements will be vacated at the north-
west corner of Excelsior Boulevard and France Avenue
This ordinance shall take effect 15 days after publication
Adopted by the City Council January 5, 2009
Jeffrey W Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for in-
spection with the City Clerk
Published in St Louis Park Sailor January 15, 2009
(Jan 15, 2009) a3 -Ord 2368-09