HomeMy WebLinkAbout2005-04-13 WC Ct. File No. F9-04-1303 - Discharage of Lis PendensSTATE OF MINNESOTA
COUNTY OF WASHINGTON
City of Oak Park Heights, a
municipal corporation,
vs
Petitioner,
Wal -Mart Stores, Inc. and
Retail Trust IV, a Delaware
corporation,
Respondents.
Q' 8
DISTRICT COURT
CIVIL COURT DIVISION
TENTH JUDICIAL DISTRICT
Condemnation
Court File No. F9 -04 -1303
DISCHARGE OF LIS PENDENS
KNOW ALL BY THESE PRESENTS, that the undersigned, does hereby certify
that a certain Notice of Lis Pendens, in the above entitled action, which has been pending in the
above named Court, and which affected, involved and brought in question the real estate,
situated in the County of Washington and State of Minnesota, described as follows, to -wit:
A perpetual easement 80.00 feet in width for public roadway, drainage and utility
purposes over, under and across Lots 3 and 4, Block 1, Wal -Mart Addition,
Washington County, Minnesota. The centerline of said perpetual easement is
described as commencing at the southwest corner of Wal -Mart Addition,
Washington County, Minnesota, thence on an assumed bearing of North 1 degree 52
minutes 03 seconds West along the west line of said Wal-Mart Addition 40.03 feet
to the point of beginning of the centerline to be described; thence South 89 degrees
36 minutes 19 seconds East 38.45 feet; thence southeasterly 476.29 feet along a
tangential curve concave to the southwest having a central angle of 53 degrees 30
minutes 33 seconds and a radius of 510.00 feet and said centerline there terminating
and which was filed for record in the office of the Registrar of Titles of said County of
Washington on the 24 day of February, 1999, and recorded as Document No. 1 07827 is hereby
discharged and said action has been dismissed so far as it pertains to the above - described real
property. And the 'Registrar of Titles of said County is hereby authorized and directed to
discharge the same upon the record thereof, according to the statute in such case made and
provided.
IN TESTIMONY WHEREOF, the undersigned has hereunto set their hand this
day of April, 2005.
� Y
ECKB . ' , LAMMERS, BRIG
LFF & VIERLING, P.L.
Mark J. Vierling
ttorneys for Pets--e-i-7
1 orthwestern Avenue
Stillwater, Minnesota 55082
(651) 439 -2878
Attorney I.D. 112823
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
On this 13c day of April, 2005, before me a Notary Public within and for said
County, personally appeared Mark J. Vierling, to me known to be the person described herein,
and who executed the foregoing instrument as attorney for Petitioner, and acknowledged that he
executed the same as his free act and deed on behalf of Petitioner.
Drafted By:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, PLLP
1835 Northwestern Avenue
Stillwater, Minnesota 55082
1c
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
Mark J. Vierling, upon being first duly sworn on oath, deposes and states that he was
the attorney for the City of Oak Park Heights and was City Attorney as of October 21, 1992 when
that certain subdivision document, being referenced as Document No. 1021637, was filed of record
in and for the office of the Registrar of Titles in and for Washington County, Minnesota affecting a
proposed minor subdivision affecting part of Lot 2, Block 1, Wal -Mart Addition. That pursuant to
the recorded document filed of record as Document No. 1021637, the same referenced that the
subdivision permission granted by the City of oak Park Heights was conditional upon six
conditions being met as outlined in the City Attorney's letter dated October 21, 1992. Your affiant
affirms that all six conditions were satisfied by the permit holder.
FURTHER YOUR AFFIANT SAYETH ; T .
Subscribed and sworn to before me this
r day of April, 2005.
ary
AFFIDAVIT OF MARK J. VIERLING
Mar J. Vierling
•
To: 50C S i/ PV
From: fet
Re: 6i
CC:
Notes:
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Notes:
facsimile transmittal
Pages:
City of Oak Park Heights
14168 Oak Park Blvd.
Box 2007
Oak Park Heights, MN 55082
Phone (651) 439-4439
Facsimile (651) 439-0574
Fax ce -
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—IND. XMT JOURNAL— DATE MAY-04-2005 ***w* TIME 12/35 ********
DATE/TIME = MAY-04-2005 12:33
JOURNAL No = 51
COMM.RESULT = OK
PAGE(S) = 005/005
DURATION = 00
FILE No = 193
MODE = MEMORY TRANSMISSION
DESTINATION = 6124927077
RECEIVED ID = / Fredrikmon & Byron
RESOLUTION = STD
—OAK PARK HEIGHTS CITY
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