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Home My WebLink About12-080 - ADMIN Resolution - City Council - 2012/06/18RESOLUTION NO. 12-080 RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS, the Chief Building Official of the City of St. Louis Park has attempted without success to have the owner of certain property remedy the hazardous condition of the commercial building and structure situated on property at 9920 Wayzata Boulevard, St. Louis Park, Minnesota; and WHEREAS, the City Council has determined that the building on the property constitutes a hazardous building and is a health, safety and fire hazard within the meamng of Minnesota Statutes § 463.15, Subd. 3, and Minnesota Statutes § 463.25; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. Pursuant to Minnesota Statutes § 463.16 et sec ., the City hereby adopts and approves the Demolition Order for Removal of Hazardous Building attached hereto as Exhibit "A". 2 The City of St. Louis Park finds that the condition of the property located at 9920 Wayzata Boulevard, St. Louis Park, Minnesota, is a health and safety hazard and contains a hazardous building within the meamng of Minn. Stat. § 463.15, Subd. 3. 3. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes § 463.15 et Leg. OPTED this 18th day of June, 2012, by the City Council of the City of St. Louis Park, Mi esota. Revs iewe • fi ministration City M Attest: City Clerk la' Adop by the City Council June 18, 2012 Mayor % M. I �11(-1 Resolution No. 12-080 STATE OF MINNESOTA COUNTY OF HENNEPIN -2- IN RE: The Matter of a Hazardous Building Located at 9920 Wayzata Boulevard, City of St. Louis Park, Hennepin County, Minnesota DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. DEMOLITION ORDER FOR REMOVAL OF A HAZARDOUS BUILDING TO: Owners and lienholders of the above real estate: 9920 Hotels, LLC, a Minnesota limited liability company, 9920 Wayzata Boulevard, St. Louis Park, Minnesota 55426; Anthony's Shopping Center Partnership, LLP, a Minnesota limited liability partnership, 9920 Wayzata Boulevard, St. Louis Park, Minnesota 55426; Anthony Nicklow, 1300 Technology Drive, Eden Prairie, Minnesota 55344; William A. Nicklow, 5376 Waters Edge Drive, Minnetonka, Minnesota 55343; Premier Bank Rochester, a Minnesota corporation, 421 First Avenue SW, Rochester, Minnesota 55902; and Polo of Minnesota, Inc., a Minnesota corporation, 2741 Foxgate Drive, Minnetonka, Minnesota 55305. PLEASE BE ADVISED that pursuant to order of the St. Louis Park City Council and by authonty of Minnesota Statutes § 463.15 et m., you have twenty (20) days from the date of service of this Order upon you, to remedy the health and safety hazard and the hazardous condition of the building situated on property at 9920 Wayzata Boulevard, City of St. Louis Park, County of Hennepin, State of Minnesota, and legally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, Hennepin County, Minnesota, described as beginning at a point on the most Southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along the most Southerly line of said Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a beanng of South 1 degrees 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 114.56 feet; thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. [Torrens Certificate No. 1212398] Resolution No. 12-080 -3- AND That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, Hennepin County, Minnesota, descnbed as beginning at a point on the most Southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4 said Block 7; thence South 02 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4, a distance of 119.74 feet; thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. [Ton -ens Certificate No. 1335184] Together with the adjacent portion of that part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117 North, Range 20 North, shown as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 27- 3, lying Northerly of Line 1 descnbed as follows: Line 1: Beginning at Right of Way Boundary Corner B211 as shown on said Plat No. 27-23; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said plat of 214.28 feet to Right of Way Boundary Corner Bl; then continue on an azimuth of 101 degrees 20 minutes 23 seconds for 93.00 feet; thence deflect to the left for 350.87 feet on a non-tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of Tract A hereinbefore described; thence on an azimuth of 01 degree 05 minutes 15 seconds for 7.37 feet to the Right of Way Boundary Corner B3 as shown on said plat No. 27-23 and there terminating. [Abstract property] The Environmental Health Specialist and the Building Official for the City of St. Louis Park have inspected the above referenced property. The inspection revealed that the commercial building as presently situated on the property constitutes a hazardous condition pursuant to Minn. Stat. § 463.25 and is a health, safety, and fire hazard to the residents of the City of St. Louis Park. All personal property and fixtures shall be removed from the building within twenty (20) days from the date of service of this Order. Resolution No. 12-080 -4- If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes §463.19 unless you remedy the situation within said twenty (20) day period or unless an answer is filed within twenty (20) days of service of this Order upon you. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minnesota Statutes § 463.21. Dated: , 2012 CAMPBELL KNUTSON Professional Association By: Soren M. Mattick, #27785X City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 1 ACKNOWLEDGMENT The City of St. Louis Park, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.21, Subd. 2. Dated: , 2012. Soren M. Mattick, #27785X