HomeMy WebLinkAbout86-123 - ADMIN Resolution - City Council - 1986/08/04August 4, 1986
RESOLUTION NO. 86-123
RESOLUTION AUTHORIZING PURCHASE OF PROPERTY
FOR STREET RIGHT OF WAY
ON FRANCE AVENUE ADJACENT TO
3901 EXCELSIOR BOULEVARD
WHEREAS, the City Council of St. Louis Park has authorized and
directed the City Manager to negotiate with James M. Maloney and Myrna
M. Maloney, husband and wife, for the purchase of an easement for
highway purposes and a temporary construction easement to the land
hereinafter described, for public uses, and
WHEREAS, James M. Maloney and Myrna M. Maloney, husband and wife,
pursuant to such negotiations, have indicated their desire to sell
said property to the City by Quit Claim Deed for the sum of $3,822.00,
now therefore
BE IT RESOLVED by the City Council of St. Louis Park that the
City of St. Louis Park purchase from James M. Maloney and Myrna M.
Maloney, husband and wife, and easement for highway purposes and a
temporary construction easement to the following described property
in Hennepin County, Minnesota, to -wit:
An easement for highway purposes over the following described property:
Par 1: All that part of North East Quarter of South East Quarter
of Section 6, Township 28, Range 24 West of the 4th Principal
Meridian described as follows to -wit: Commencing at the point of
intersection of the center line of Excelsior Road with the center
line of France Avenue as said road and avenue are located and
shown on the plat of Mendoza Park; thence running Southwesterly
along said center line of said Excelsior Road to a point made by
the intersection of said center line of said Road and the center
line of Evergreen Avenue (said center line of said Evergreen
Avenue shall be a line parallel with Southwesterly line of Block
15, said Mendoza Park and 40 feet Southerly measured at right
angles from Southwesterly line of said Block 15) extended North-
westerly to make said intersection with center line of said
Excelsior Road; thence running Southeasterly along said center
line of said Evergreen Avenue until it intersects center line of
France Avenue; thence Northerly along center line of said France
Avenue to point of commencement;
Par 2: That part of the Northeast Quarter of the Southeast
Quarter of Section 6, Township 28, Range 24, West of the 4th
Principal Meridian described as follows: Commencing at a point
made by the intersection of the center line of Excelsior Road and
the center line of Evergreen Avenue (said center line of said
Evergreen Avenue shall be a line parallel with the Southwesterly'
line of Block 15 of Mendoza Park and 40 feet Southerly measured at
right angles from the Southwesterly line of said Block 15) extended
Westerly to make said intersection with the center line of said
Excelsior Road; thence running Southeasterly along said center
line of said Evergreen Avenue until it intersects the center line
of France Avenue; thence Southerly along the center line of France
Avenue to a point made by the intersection of the said center line,
of France Avenue with a line perpendicular to the center line of
Excelsior Road and intersecting the said center line of Excelsior
Road at a point of 315.5 feet Southwesterly from the point of
intersection of the said center line of Excelsior Road with the
East line of said Section 6, Township 28, Range 24, thence'
Northwesterly to a point in the center line of Excelsior Road
315.5 feet Southwesterly from the intersection of said center line
of said Excelsior Road, with the East line of said Section 6,
Township 28, Range 24; thence Northeasterly along the center line -
of said Excelsior Road to the point of beginning.
Subject to easements of the public in France Avenue and
Excelsior Road; (as to Pars 1 and 2)
Which lies east of a line drawn parallel to and 33 feet west of this
east line of Pars 1 and 2.
A temporary construction easement over the west 3 feet of the east
36 feet of the following described property:
Par 1: All that part of North East Quarter of South East Quarter
erection 6, Township 28, Range 24 West of the 4th Principal
Meridian described as follows to -wit: Commencing at the point of
intersection of the center line of Excelsior Road with the center
line of France Avenue as said road and avenue are located and
shown on the plat of Mendoza Park; thence running Southwesterly
along said center line of said Excelsior Road to a point made by
the intersection of said center line of said Road and the center
line of Evergreen Avenue (said center line of said Evergreen,
Avenue shall be a line parallel with Southwesterly line of Block'
15, said Mendoza Park and 40 feet Southerly measured at right,
angles from Southwesterly line of said Block 15) extended North-
westerly to make said intersection with center line of said
Excelsior Road; thence running Southeasterly along said center
line of said Evergreen Avenue until it intersects center line of
France Avenue; thence Northerly along center line of said France
Avenue to point of commencement;
Par 2: That part of the Northeast Quarter of the Southeast
Quarter of Section 6, Township 28, Range 24, West of the 4th
Principal Meridian described as follows: Commencing at a point
made by the intersection of the center line of Excelsior Road and
the center line of Evergreen Avenue (said center line of said
Evergreen Avenue shall be a line parallel with the Southwesterly
line of Block 15 of Mendoza Park and 40 feet Southerly measured at
right angles from the Southwesterly line of said Block 15) extended
Westerly to make said intersection with the center line of said
Excelsior Road; thence running Southeasterly along said center
line of said Evergreen Avenue until it intersects the center line
of France Avenue; thence Southerly along the center line of France
Avenue to a point made by the intersection of the said center line
of France Avenue with a line perpendicular to the center line of
Excelsior Road and intersecting the said center line of Excelsior
Road at a point of 315.5 feet Southwesterly from the point of
intersection of the said center line of Excelsior Road with the
East line of said Section 6, Township 28, Range 24, thence
Northwesterly to a point in the center line of Excelsior Road
315.5 feet Southwesterly from the intersection of said center line
of said Excelsior Road, with the East line of said Section 6,
Township 28, Range 24; thence Northeasterly along the center line
of said Excelsior Road to the point of beginning.
Easement shall expire November 4, 1988.
and the Mayor and City Manager are hereby authorized to execute any
and all instruments necessary to complete the purchase of said easement
for highway purposes and the City Manager is hereby authorized and
directed to accept delivery of the deed and to pay the sum of $3,822.00
from the Special Assessment Construction Fund to said James M. Maloney
and Myrna M. Maloney, husband and wife, as the purchase price of said
easement upon the delivery to them of a Quit Claim Deed to said property
accompanied by an Owner's Certificate of Title showing good and market-
able title of record to said property, together with an opinion of
the Law Department of the City of St. Louis Park approving the execution
of the deed and the seller's certificate.
Adopted by the City Council August 4, 1986.
P.
Attest:
y ier
Reviewed for administration: Approved as to form and legality:
or
*Agaber �� i y Attorney