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Home My WebLink About1998-12-23 MFRA Ltr to OPH requesting vacations Engineering * Planning • Surveying ,� ►` McCombs Frank Roos ��'�'1 NI Associates,Inc. ii I( � t December 23, 1998 - ___ Mr. Tom Melena City of Oak Park Heights P.O. Box 2007 Oak Park Heights,Minnesota 55082-2007 SUBJECT: Valley View Estates 4th Addition MFRA#12278 Dear Mr. Melena: On behalf of our client, Carriage Homes,Inc.,we are requesting that the City Council of the City of Oak Park Heights take formal action to vacate all of the utility and drainage easements that were dedicated over Outlot B, Valley View Estates plat. MFRA is in the process of re-platting Outlot B into Lot 1,Block 1,Valley View Estates 4th Addition and we will be dedicating new utility and drainage easements to replace the old easements. We are also requesting the City to vacate a public roadway easement dated June 22, 1993 and recorded August 16, 1993 as Document No. 1028280. There are two roadway easements described on this document. The first roadway easement description is for the south 60 feet of Tract D,Registered Land Survey No. 69. Tract D,RLS No. 69 was platted as Outlot A,Valley View Estates and the south 60 feet of Tract D was dedicated as 58th Street North. We don't need this roadway vacated, however the City may as well vacate it since it is now covered by the above dedication. The second roadway easement starts at Osgood Avenue North and upper 56th Street North and curves north across the middle of Outlot B, and intersects at Osman Avenue North. We can not develop this property with this roadway easement crossing it. 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 612/476-6010 • fax 612/476-8532 e-mail.•mfra@mfra.com Mr. Tom Melena December 23, 1998 Page 2 I am enclosing a copy of the plat of Valley View Estates and a copy of Doc.No. 1028280. If you have any questions or need additional information,please contact us. Sincerely, McC BS FRANK ROOS ASSOCIATES,INC. Paul A. Johns ,RLS PAJ:aam cc: Greg Johnson, Carriage Homes, Inc. e:\main:\12278:\melenal2-23 DCT-27-1998 11:44 P.02/13 • ,Da(. /V°, /0a8a 87 PERMANENT EASEMENT FOR ROAD PURPOSES THIS INDENTURE, made this 22nd day of June 1993, by and between MORRIS A. BREKKE, Trustee under Declaration of Trust dated April 17, 1980, Party of the First Part; and the CITY OF OAR PARK HEIGHTS, a Municipal corporation, Washington County, Minnesota, Party of the Second Part. WITNESSETE: WHEREAS, the above-named Party of the First Part is the owner in feesimple of the real estate hereinafter described: Tract D, Registered Land Survey No. 69, Washington County, Minnesota and Tract I, Registered Land Survey No. 69, Excepting therefrom the Plat . of. Brekke Heights, also excepting the Plat of Brekke Heights No. 2, also excepting the Plat of Sunview Addition. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is • hereby acknowledged, the Party of the First Part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for public roadway purposes over, under and across the south 60 feet of Tract. D, Registered • Land Survey No. 69, Washington County, Minnesota and A perpetual easement 60 feet in width for public roadway purposes over, under and across Tract. I, Registered Land Survey No. 69, Washington County, Minnesota. The centerine of said perpetual easement is described as beginning at a point on the west line of said Tract I distant 450.27 feet south from the northwest corner thereof, said west line has an assumed bearing of South 2 degrees 12 minutes 40 seconds East; thence North 89 degrees 26 minutes 36 seconds East 90.59 feet; thence w , OCT-27-1998 11:44 P.03/13 easterly, northeasterly and northerly 155.41 feet along a tangential curve concave to the northwest' having a central angle of 93. degrees 39 minutes 16 seconds and a radius of 97.15 feet; thence North 2 degrees 12 minutes 40 seconds West and. tangent to said curve 64.78 feet to the south right of way line of 57th Street North as dedicated in Sun View Addition, according to the recorded plat thereof and said centerline there terminating. Except that part taken for County Road No. 67. A permanent easement with the right to enter upon the real estate hereinbefore described at any time that the City of Oak Park Heights may see fit, and construct, maintain and repair any lines, equipment, materials, or other items of the municipal street, utilities and storm water drainage area, for the purpose of maintaining, repairing or replacing the said street, utilities and storm water drainage area over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches andjor trenches for the location of said municipal street, utilities and storm water drainage area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said municipal street, utilities and storm water drainage area. TO SAVE AND TO HOLD, said permanent easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. That Party of the First Part does hereby covenant with the City of Oak Park Heights that he possess marketable title to and are lawfully seized and possessed of the real estate above described. 2 , OCT-27-1998 1144 P.04/13 All setbacks :shall -be measured from property lines not from the easement line, and anypermitted permiuse of the property that would otherwise be allowed on the property will not be disallowed as a result of the existence of this easement. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. 4 IN PRESENCE OF: PARTY OF THE FIRST PART. ( ;:i -_..._ Morris A. Brekke, Trustee STATE OF MINNESOTA " ) )SS: COUNTY OF WASHINGTON) on this . ,21,c! day of t.c.ue , 1993, before me, a Notary Public, within and for said County and State, personally appeared Morris A. Brekke, Trustee under the De -. - - Trust dated April 17, 1980 to me known to be the • - -on describ= - in and who executed the foregoing instrument $n• acknowle• - that he executed the same as his free act and de- . . x ,�'� MARK J.VIERLING E_ NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY i� My Commission Expires July14.1997 Nota Public (Notarial Seal) IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS „ILL ABY: ar ara O'Neal Mayor _ �` ro - B a onne Wilson, Clerk 3 OCT-27-1998 11:44 P.05/13 . STATE OF MINNESOTA ) COUNTY OP' WASHINGTONjS5: On this � 7 day of �i , 1993, before me a Notary Public, in and for sai coudty and State appeared Barbara O'Neal and LaVonne Wilson, to me personally known, who bein first duly sworn, did say that they are respectively the Mayor anme d Clerk of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Clerk acknowledge said instrument to be the free fct and deed of said City of Oak Park Heights. 0 L IfOLST ;Jr ROTARY PUBLIC•M44g WASNINGTON OOlJN11r= wr Commtalen Expire I-1748 No P I iC/T . (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MN 55082 (612) 439-2878 ATTORNEY REG. NO. 112823 ENTERED IN TRANSFER RECORD WAS INGTON COUNTY. MINNESOTA & bel,/ 11,0 lea FORD.A DI 0R-TREASURen B DEPUTY 4 OCT-27-1998 11:45 P.07/13 STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) S.S. CLERK'S CERTIFICATION CITY OF OAK PARK HEIGHTS) • I, La Vonne Wilson, the undersigned, being the duly qualified and acting City Clerk/Treasurer for ,the City of Oak Park Heights, Washington County, Minnesota, do hereby certify that on the 28th day of June, 1993, the City Council of the City of Oak Park Heights acting 4-at a regular meeting of the City Council being duly called and held at the City Municipal Building in said City at 7:00 p.m. , did approve Resolution #93-06-31 VACATING A PORTION OF 58TH STREET NORTH, EAST OF OSGOOD AVENUE AND UNOPENED 57TH STREET BETWEEN OSGOOD AVENUE AND OSMAN AVENUE. I further hereby certify that I have compared the attached foregoing with the original thereof on file in my office, and that the same is a full, true and complete transcript of the content of said Resolution passed by the City Council of said City duly called and held on the date therein indicated. witness my hand and seal of said City, this 11th day of August, 1993. La Von Wi. son City Clerk/Treasurer " (seal) ENTERED IN TRANSFER RECORD WAS NGTON COUNTY. MINNESOTA //e0 18..2.2 4R. H ORO. AUDIT R-T R 9Y - OEPUTY 0CT-27-1998 11 45 P.06/13 t 1)\t'''' * • `1 M �p ; R l! .ti . 41Eig mr me 112"m" 4 • N Iboco co °' 0 0 c:: V O N . it.co • se t. ts f It • a iti=:.i • i:i14.4 .•i•..1r.:21 t°G(: 11r'frt!'i;A VII