HomeMy WebLinkAbout2635-21 - ADMIN Ordinance - City Council - 2022/04/04ORDINANCE NO. 2635-21
ORDINANCE CORRECTING ORDINANCE NOS. 2532-18 AND 2635-21 REGARDING VACATING
RIGHT-OF-WAY
9808 AND 9920 WAYZATA BOULEVARD
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
WHEREAS, the City Council previously approved Ordinance 2532-18 on March 19, 2018
and Ordinance 2635-21 on November 1, 2021 vacating a right-of-way as part of the land use
applications for redevelopment of property located at 9808 and 9920 Wayzata Boulevard; and
WHEREAS, land use applications, including a preliminary and final plat for
Bereks Addition, for a revised redevelopment proposal of the properties above, have
been submitted to the City by ESG Architects on behalf of SLP Park Ventures. Certain
public utility mains that would have been relocated from the vacated right-of-way based on
previous plans will now remain in place according to the revised plans; and
WHEREAS, neither Ordinance 2532-18 or Ordinance 2635-21 have been recorded and,
therefore, have not yet taken effect because conditions of approval have not yet been satisfied;
and
WHEREAS, one of the conditions of approval to relocate public utilities mains from the
right-of-way to be vacated is no longer applicable; and
WHEREAS, the City of St. Louis Park proposes to correct Ordinance 2532-18 and
Ordinance 2635-21 to vacate the right-of-way and the application has been duly filed. The
notice of the application was published in the St. Louis Park Sailor on October 7, 2021 and
the City Council has conducted a public hearing upon said petition and has determined that
the right-of-way is not needed for public purposes, and that it is in the best interest of the
public that said right-of-way be vacated; and
WHEREAS, the right-of-way as now dedicated and laid out within the corporate limits of
the City of St. Louis Park to be vacated is legally described on the attached Exhibit “A”;
NOW, THEREFORE BE IT RESOLVED that the following amendments shall be made to the
City Code:
Section 1. Section 4 of Ordinance 2532-18 is hereby amended by deleting strikethrough
text and adding the following underlined text: This Ordinance shall take effect upon relocation of
the public utilities and recording the final plat of Bereks Addition, and not sooner than fifteen
days after its publication.
Section 2. The City Clerk is instructed to record a certified copy of this Ordinance in the
Office of the Hennepin County Recorder / Register of Titles as the case may be.
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Section 3. This Ordinance shall take effect fifteen days after its publication.
Reviewed for administration: Adopted by the City Council April 4, 2022
__________________________________ __________________________________
Kim Keller, city manager Jake Spano, mayor
Attest:
____________________________________
Melissa Kennedy, city clerk
Approved as to from and execution:
_____________________________________
Soren M. Mattick, city attorney
First reading March 7, 2022
Second reading April 4, 2022
Date of publication June 23, 2022
Date ordinance takes effect July 8, 2022
Ordinance No. 2635-21 Page 2
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EXHIBIT “A”
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 described as follows:
Beginning at right of way Boundary corner B3; thence on an assumed azimuth of 1 degree 05
minutes 15 seconds along the boundary line of said plat a distance of 86.85 feet to Right of Way
Boundary Corner B4; thence deflect to the right 83.74 feet along a non-tangential curve concave
to the northwest and passing through Right of Way Boundary Corner B5, having a radius of
2083.24 feet, central angle of 2 degrees 18 minutes 11 seconds, chord azimuth of 48 degrees 18
minutes 24 seconds and chord distance of 83.73 feet; thence on an azimuth of 91 degrees 27
minutes 32 seconds a distance of 98.89 feet; thence southwesterly deflecting to the right on a non-
tangential curve concave to the northwest having a radius of 788.53 feet, delta angle of 15 degrees
42 minutes 58 seconds, and a chord azimuth of 229 degrees 07 minutes 59 seconds and chord
distance of 215.62 feet to the East line of parcel 44 as shown on said plat 27-23; thence north along
said East line of Parcel 44 to the point of beginning.
AND
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 which lies southwesterly and southerly
of Line 1, said Line 1 being described as follows:
Line 1:
Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence
Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the West line of the boundary
of said Plat No. 27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the
point of beginning of the line being described; thence Easterly on an azimuth of 101 degrees 20
minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right
of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds
93.00 feet; thence deflect to the left 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 No. 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 said Parcel 44; thence on an azimuth of
01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said
Plat No. 27-23 and there terminating.
And northerly of the following described line and its easterly extension:
Commencing at the point of intersection of the West line of the Southeast Quarter of the Northeast
Quarter of said Section 1 with the most southerly line of Lot 1, Block 7, SHELARD PARK; thence
on an assumed bearing of South 0 degrees 39 minutes 11 seconds West along said West line a
distance of 187.99 feet to the point of beginning of the line being described; thence along a non-
tangential curve concave to the northeast having a radius of 788.53 feet, central angle of 7 degrees
43 minutes 57 seconds, chord bearing of South 78 degrees 42 minutes 56 seconds East to its
intersection with the most westerly extension of the southerly line of said Parcel 44; thence easterly
along said extension of the most southerly line of said Parcel 44 to its intersection with Line 1
described above, and said line there ending.
Ordinance No. 2635-21 Page 3
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