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HomeMy WebLinkAbout2619-21 - ADMIN Ordinance - City Council - 2021/07/06Elliott B.Knetsch Joel J.Jamnik Andrea McDowell Poehler Soren M.Mattick David S.Kendall Henry A.Schaeffer,III Alina Schwartz James J.Monge,III Jerome M.Porter Leah C.M.Koch Meagan K.Kelley Benjamin J.Colburn Jared D.Shepherd Thomas J.Campbell Roger N.Knutson Retired Grand Oak Office Center I 860 Blue Gentian Road Suite 290 Eagan,Minnesota 55121 Main:651-452-5000 Fax:651-234-6237 www.ck-law.com CAMPBELL KNUTSON PROFESSIONAL ♦ASSOCIATION July 6,2022 Mr.Chase Peterson-Etem City of St.Louis Park Office ofthe City Clerk 5005 Minnetonka Blvd St.Louis Park,MN 55416 Re:Miscellaneous Recordings Dear Mr.Peterson-Etem: Please find enclosed,for the City's files,the following documents which were e- recorded with Hennepin County: •Ordinance No.2635-21 recorded June 30,2022 with the office of the Registrar ofTitles,Hennepin County,as Torrens Document No.T5956561. Please note,that since this document was e-recorded,it is our policy to staple the recorded document to the original you provided our office for recording. If you have any questions regarding the above,please give me a call. Very truly yours, CAMPBELL KNUTSON Professional Association By:Is/Stuart M.Teigen Stuart M.Teigen Legal Assistant Enclosures RECEIVED JUL 06 2022 OFFICE OF THE CITY CLERK 204894vl9 1111 111111111111111 I II LAND TYPE Torrens (T) DOC NUM 5956561 Certified,filed and/or recorded on Jun 30,2022 12:12 PM Office of the Registrar of Titles Hennepin County,Minnesota Amber Bougie,Registrar of TitlesMarkChapin,County Auditor and Treasurer Deputy 26 Pkg ID 2462504E Existing Certs 1541468 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 DocuSign Envelope ID:28D90954-3044-41C0-B64A-A7458614318B I St.Louis ParkJisot» STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) The undersigned hereby certifies the following: Administration Office 5005 Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 "CITY COUNCIL ORDINANCE" 1)The attached is a full,true and correct copy of the original Ordinance No.2635-21 adopted April 4,2022,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. •a.,SEAL .,> ,3.+"¢YEP CO' LOoc..Slgned by::iy ,':';·-,;__ 2ECE537c£50439 Melissa Kennedy City Clerk Date:6/13/2022 DocuSign Envelope ID:28D90954-3D44-41C0-B64A-A745861A318B ORDINANCE 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. DocuSign Envelope ID:28D090954-3D4441C0-644-A745861A4318 Ordinance No.2635-21 Page 2 Section 3.This Ordinance shall take effect fifteen days after its publication. First reading March 7,2022 Second reading April 4,2022 Date of publication June 23,2022 Date ordinance takes effect July 8,2022 Reviewed for administration: Kim Keller,city manager Attest: Melissa Kennedy,city clerk 220802vl Adopted by the City Council April 4,2022 _QDocuSigned by:9 ec18599E88Cc234F0-.Jake Spano,mayor Approved as to from and execution: Soren M.Mattick,city attorney 2 DocuSign Envelope ID:28D90954-3D44-41C0-64-A745861A318B Ordinance No.2635-21 Page 3 EXHIBIT "4" 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 ofsaid plat a distance of 86.85 feet to Right of Way Boundary Comer 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 Comer B5,having a radius of 2083 .24 feet,central angle of 2 degrees 18 minutes l 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 of98.89 feet;thence southwesterly deflecting to the right on a non- tangential curve concave to the northwest having a radius of788.53 feet,delta angle of 15 degrees 42 minutes 58 seconds,and a chord azimuth of 229 degrees 07 minutes 59 seconds and chord distance of215.62 feet to the East line ofparcel 44 as shown on said plat 27-23;thence north along said East line of Parcel 44 to the point ofbeginning. 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 I: Commencing at Right of Way Boundary Comer B212 as shown on said Plat No.27-23;thence Northerlyon an azimuth of00 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 ofWay Boundary Comer Bl;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 of26 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 Comer B3 as shown on said· Plat No.27-23 and there terminating. And northerly ofthe 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 I with the most southerly line ofLot 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 of7 degrees 43 minutes 57 seconds,chord bearing of South 78 degrees 42 minutes 56 seconds East to its intersection with the most westerly extension ofthe 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 l described above,and said line there ending. 3 220802v1 DocuSign Envelope ID:28D90954-3D44-41C0-B644-A745861A4318B IfSt.Louis ParkIIsson» -ricne LIFE in the fr Administration Office 5005 Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST.LOUIS PARK ) )ss ) "CITY COUNCIL ORDINANCE" The undersigned hereby certifies the following: 1)The attached is a full,true and correct copy of the original Ordinance No.2635-21 adopted April 4,2022,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. Melissa Kennedy City Clerk Date:6/13/2022 DocuSign Envelope ID:28D90954-3D044-41C0-B64A-A745861A4318 ORDINANCE 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. DocuSign Envelope ID:28D90954-3D44-41 C0-B64A-A745861 A318B Ordinance No.2635-21 Page 2 Section 3.This Ordinance shall take effect fifteen days after its publication. First reading March 7,2022 Second reading April 4,2022 Date of publication June 23,2022 Date ordinance takes effect July 8,2022 Reviewed for administration: Kim Keller,city manager Attest: [:'""•·~·,ul 2 <-rddNk«co,,,'u 2Ee57ef5t049.-Melissa Kennedy,city clerk 220802vl Adopted by the City Council April 4,2022 Jake Spano,mayor Approved as to from and execution: [sDocuSigned by: ~~~Q~ckSorenM.Mattick,city attorney 2 DocuSign Envelope ID:28D90954-3D44-41C0-B64A4-A7458614318B Ordinance No.2635-21 Page 3 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 comer 83;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 Comer 84;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 of215.62 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 Comer 8211 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 ofWay Boundary Comer B 1;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 of763.94 feet,a delta angle of26 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 ofthe 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 O 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 ofthe 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. 3 220802vl