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HomeMy WebLinkAbout482 - ADMIN Resolution - City Council - 1957/10/14306 Resolution No. 481 Adopted October 14, 1957 RESOLUTION GRANTING PERMIT UNDER SECTION 10.3 OF THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK WHEREAS, request has been filed by Bernard Horovitz for permit under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park for the following purpose: operation of a recreation building at France Avenue and West 31st St. (Lots 10,11,12,13,14 and 15, Block 2, Calhoun Lakeside Park and 1/2 vacated alley adjacent). WHEREAS, the Council has considered the advices and recommendations of the Planning Commission and the effect of the proposed use on the health, safety and welfare of the occupants of the surrounding lands, existing traffic conditions, including parking facilities on adjacent streets, and the effedt on values and properties in the surrounding area, therefore BE IT RESOLVED by the City Council of the City of St..Louis Park that it is hereby determined that the said proposed use will not be detrimental to the health, safety or public welfare of the occupants of surrounding lands, nor will it cause serious traffic congestion, nor hazards, nor will it seri- ously depreciate surrounding property values, and BE IT FURTHER RESOLVED that permit be hereby granted to the applicant for the purpose above set forth, upon condition that the applicant deliver to the City Clerk within ten days a recordable easement granting the City the right to use, maintain and replace Storm Sewer now located on and over said premises. R. C. Fernstrom Mayor _ Attest: Joseph Justad City Clerk Resolution No. 482 Adopted October 14, 1957 AUTHORIZING TAKING OF SEWER AND STREET EASEMENTS BY EMINENT DOMAIN WHEREAS, by Ordinance No. 277 adopted August 20, 1956, as supple- mented by Ordinance No. 376, adopted March 11, 1957, the City Council has ordered construction of sanitary sewer improvement No. 56-52, and G. M. Orr Engineering Company, the consulting engineers employed to design said sewer have recommended the acquisition of sewer construction, and street easements at the locations hereinafter specified, and it appears to the Council that it is necessary that the City acquire said easements for the purpose of construction and maintenance of said sewer, therefore BE IT RESOLVED by the City Council of the City of St. Louis Park that the City shall take by right of eminent domain each of the sewer ease- ments, construction easements, and street easements as hereinafter described, and the City Attorney be hereby authorized and directed to commence pro- ceedings in the District Court of Hennepin County for appointment of Commission- ers to determine the damages, if any, sustained by the respective owners of the parcels affected, as authorized by law, and 30'7 Resolution No. 482 - continued BE IT FURTHER RESOLVED that the sewer easements, construction easements and street easements above referred to are more particularly described as follows: The sewer easements which shall be taken by the City at the lo- cations hereinafter described shall include the continuing right of the City, its contractors, agents and employees to enter upon the premises' described in the respective parcels hereinafter set forth, and to construct and forever maintain therein and thereon sanitary sewers and usual appurtenances, in- cluding manholes, and to forever use said sewers for the drainage of sewage; and shall, further, include the right: (a) to excavate the soil for the purpose of constructing, repairing or reconstructing said sewers; (b) to remove shrubs, trees and surface plants, fences and other structures on or in the soil; (c) to maintain sufficient soil above the sewers to prevent freezing of liquids therein, and (d) the right to enter upon said premises at all reasonable times to inspect, repair and reconstruct said sewers. The construction easements which shall be taken by the City at the locations hereinafter described shall include the right of the City, its contractors, agents and employees to enter upon said premises prior to October 1, 1958, in connection with construction of sewers on and in the parcels taken as sewer easements for the purpose of facilitating construction of sewers within the said easements, and shall include the right: (a) to deposit soil temporarily while excavation is under way; (b) to use said premises subject to the construction easement for the operation of machinery and equipment and for temporary storage of machinery, equipment and supplies in connection with sewer construction in adjacent sewer easements; the said construction easement will not include the right to remove trees, shrubs, buildings or other surface structures except for temporary removal of fences or removable structures during the construction period. It is a condition to the said easements taken herein that the City shall, as promptly as possible after excavation, refill any earth taken there- from and shall restore the surface to a neat condition and in, as nearly as practicable, the same condition in which it was found at the time the excava- tion for sewer construction, repait or reconstruction was commenced; the failure, however, of the City to restore the surface condition as herein stipulated shall in no way affect the validity of the easement so taken, but the sole remedy of the property owner in question shall be an action against the City for damages. The street easements hereinafter described are taken by the City as public streets of the City, to be used for all public purposes as City streets. The sewer easements, construction easements and street easements above referred to, together with the separate parcels affected in each case and the names of the respective owners as known, are as set forth in the following list: EASEMENTS in South 1/2 of Section 30, Township 29, Range 24 Sewer Easement No. 1 A sewer easement for the purposes hereinbefore stated in and across a strip of land 15 feet in width being 7 1/2 feet on either side of a center line described as follows: Commencing at a point on the West line of the SW 1/4 of the SE 1/4 of Section 30, Township 29, Range 24 measured 7 1/2 feet south of the NW corner of said SW 1/4 of SE 1/4; thence easeterly to a point on the 308 Resolution No. 482 - continued east line of the SW 1/4 of said SE 1/4 measured 30 feet south of the NE corner of said SW 1/4 of SE 1/4; thence continuing easterly a distance of 330 feet to a point measured 50 feet south of the north line of the SE 1/4 of said SE 1/4; thence continuing east parallel to and 50 feet south of the said north line to a point 190 feet west of the east line of said SE 1/4 of SE 1/4; thence southeasterly to a point on the northerly line of the Great Northern Railway right-of-way which is measured 35 feet west of the east line of said SE 1/4; thence south parallel to and measured 35 feet at right angles west from the east line of said SE 1/4, Section 30, and continuing south parallel to the east line of Section 31, Township 29, Range 24, to the point of intersection with a line drawn parallel with and 7 1/2 feet measured SE'ly at right angles from the rear lot line of Lots 37 to 40 inclusive, Highwood Tract, Lake Forest Addition, extended; thence southwesterly along said last described line and continuing in a straight line to point of intersection with a line drawn parallel to and measured 7 1/2 feet SE'ly at right angles to the rear lot lines of Lots 3, 4 and 5, Block 1, Forest Tract, Lake Forest Addition; thence SW'ly along said line to Cedar Lake Road, said easement consisting of the following separate parcels: Parcel No. 1 (a) All that part of the S 1/2 of the SE 1/4 of Section 30, Township 29, Range 24, described as follows: a strip of land 15 feet in width being 7 1/2 feet on either side of a line described as follows: Commencing at a point in the West line of the SW 1/4 of the SE 1/4 of Section 30, Town- ship 29, Range 24 measured 7 1/2 feet south of the NW corner of said SW 1/4 of SE 1/4; thence easterly to a point on the east line of the SW 1/4 of said SE 1/4 measured 30 feet south of the NE corner of said SW 1/4 of SE 1/4; thence continuing easterly a distance of 330 feet to a point measured 50 feet south of the north line of the SE 1/4 of said SE 1/4; thence continuing east parallel to and 50 feet south of the said north line to a point 190 feet west of the east line of said SE 1/4 of SE 1/4; thence southeasterly to a point on the northerly line of the Great Northern Railway right-of-way which is measured 35 feet west of the point of intersection of the east line of said SE 1/4; except that part of said S 1/2 of SE 1/4 as conveyed to the City of St. Louis Park by deed filed in the office of the Registrar of Titles of Hennepin County as Doc. No. 429619. Also all that part of said S 1/2 of SE 1/4 lying north of the easement above described and 7 1/2 feet on either side of a center line which is an extension southwesterly of the center line of Ortler Pass in the Village of Golden Valley. Said last described easement shall include the right to con- struct, install, repair, maintain, reconstruct and replace a sewer metering device under the surface of the ground, in addition to the easement for sanitary sewer purposes heretofore described. Owner: A. C. Kavli (Ctf. No. 202161) 44.O9 Resolution No. 482 - continued Parcel No. 1 (b) The east 50 feet of that part of right-of-way of the Great Northern Railway lying within the SE 1/4 of the SE 1/4 of Section 30, Township 29, Range 24. Owner: Great Northern Railway Company Mortgagee: First National Bank of the City of New York, Trustee Parcel No. 1 (c) The west 15 feet of the east 50 feet of all that part of the following described tract lying north of a line drawn parallel to and 15 feet southeasterly measured at right angles from the northwesterly lot line of Lot K, Highwood Tract, Lake Forest Addition, extended: That part of Sections 30 and 31, Township 29, Range 24, described as follows: Commencing at the intersection of the southerly line of right-of-way of St. P. M. & M. Ry. and east line of Section 30; thence southwesterly along said right-of- way line 75 feet; thence southeasterly 40 feet to a point 57 feet west at right angles from east line of Section 30; thence south parallel with east line of Sections 30, 31, to northerly line of France Avenue; thence northeasterly along northerly line of France Avenue to east line of Section 31; thence north to beginning. Owner: City of Minneapolis Owner of power easement: Northern States Power Company Parcel No. 1 (d) The northwesterly 15 feet of Lot K, Highwood Tract, Lake Forest Addition. Owners: Douglas Rees J. Frank Ecklund Lannie F. Norris Mortgagee: Andyck Corporation Parcel No. 1 (e) All that part of Lot 2, Block 1, Forest Tract, Lake Forest Addition, lying northwesterly of a line drawn parallel to and 15 feet southeasterly measured at right angles from the northwest line of said Lot. Also all that part of said Lot 2, lying northwesterly of a line drawn parallel to and measured 15 feet southwesterly at right angles from the northwesterly line of Lot K, Highwood Tract, Lake Forest Addition, extended south- west. Owners: Douglas Rees J. Frank Ecklund Lannie F. Norris Mortgagee: Andyck Corporation Construction Easement No. 1 A construction easement for the purposes hereinbefore stated in and across a strip of land'S0 feet in width, 31p Resolution No. 482 - continued being 25 feet on either side of a center line of Sewer Easement No. 1 as described above, said easement con- sisting of the following separate parcels: Construction Easement No. 1 (aa) In and across the north 75 feet of that part of the S 1/2 of the SE 1/4 of Section 30, Township 29, Range 24, lying west of the east 190 feet thereof; and also across a strip of land 50 feet in width, being 25 feet on either side of a line drawn from a point commencing 50 feet south of the north line of said S 1/2 of Section 30, and 190 feet west of the east line of said S 1/2 of Section 30 and extending from said point southeasterly to a point on the north line of the right-of-way of the Great Northern Railway in said S 1/2 measured 25 feet east at right angles from the east line of said S 1/2 of Section 30. Owner: A. C. Kavli (Ctf. No. No. 202161) Construction Easement No. 1 (bb) The east 50 feet of the Great Northern Railway right-of-way lying in the SE 1/t of the SE 1/4 of Section 30, Township 29, Range 24. Owner: Great Northern Railway Company Mortgagee: First National Bank of the City of New York, Trustee Construction Easement No. 1 (cc) All that part of the following described tract lying north of a line drawn parallel to and 25 feet southeasterly measured at right angles from the northwesterly lot line of Lot K, Highwood Tract, Lake Forest Addition, extended: That part of Sections 30 and 31, Township 29, Range 21, described as follows: Commencing at the intersection of the southerly line of right-of-way of St. P. M. & M. Ry. and east line of Section 30; thence southwesterly along said right-of- way line 75 feet; thence southeasterly 40 feet to a point 57 feet west at right angles from east line of Section 30; thence south parallel with east line of Sections 30 and 31, to northerly line of France Avenue; thence northeasterly along northerly line of France Avenue to east line of Section 31; thence north to beginning. Owner: City of Minneapolis Owner of power easement: Northern States Power Company Construction Easement No. 1 (dd) The northwesterly 50 feet of Lot K, Highwood Tract, Lake Forest Addition. Resolution No. 182 - continued Owners: Douglas Rees J. Frank Ecklund Lannie F. Norris Mortgagee: Andyck Corporation Construction Easement No. 1 (ee) Lot 2, Block 1, Forest Tract, Lake Forest Addition Owners: Douglas Rees J. Frank Ecklund Lannie F. Norris Mortgagee: Andyck Corporation R. C. Fernstrom Mayor Attest: Joseph Justad City Clerk Resolution No. 483 Adopted October 21, 1957 DESIGNATING DIRECTOR OF PUBLIC WORKS & CITY MANAGER AS EX -OFFICIO MEMBERS OF LIAISON COMMITTEE RESOLVED that the Director of Public Work, Phil W. Smith, and the City Manager, Tom Chenoweth, be designated as ex -officio members of the Liaison Committee appointed by the City Council of the City of St. Louis Park and the Village Council of the Village of Golden Valley. R. C. Fernstrom Mayor Attest: Joseph Justad City Clerk Resolution No. 11.811 Adopted October 21, 1957 RESOLUTION APPROVING SUB -DIVISION OF LOTS WHEREAS application has been made to the City Council by Avon Lees Jr. for approval of a subdivision of Lot 11, Parkwoods Tract for the purpose