The URL can be used to link to this page

Home My WebLink About1999-08-09 MFRA Ltr. to OPH Re Vacation RequestsMFRA McCombs Frank Roos Associates, Inc. August 9, 1999 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 412278 Dear Mr. Melena: Engine g Planning • Surveying 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 Lot 1, Block 2, and Outlot B. Valley View Estates plat. MFRA is in the process of re- platting Lot 1, Block 2 and Outlot B into Lot 1 and Lot 2, Block 1, Valley View Estates 4th Addition. We will be dedicating new utility and drainage easements to replace the old underlying 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 easements 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 5 8th Street North. The City may as well vacate this easement 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 burdening the property. There are no utilities located in this roadway easement. We are also requesting the City to vacate an easement for municipal utilities, water, sewer and storm sewer. The City of Oak Park Heights reserved this easement unto itself when that part of the unopened 57th Street, located between Osgood Avenue and Osman Avenue, was vacated by Resolution #93-06- 31 dated June 28, 1993 and recorded August 17, 1993 as Document No. 1028279. There is an existing sanitary sewer line in the easement that will be re-located to allow for the construction of the proposed apartment building. We will dedicate a new easement for the relocated sanitary sewer line. 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 612/476-6010 • fax 612/476-8532 e-mail• mtra@mfracom 9 _� f 75 Mr. Tom Melena August 6, 1999 Page 2 I am enclosing a copy of the plat of Valley View Estates and a copy of Doc. No. 1 028279 and Doc. No. 1028280. If you have any questions or need additional information, please contact us. Sincerely, McCOMBS FRANK RODS ASSOCIATES, INC. Paul A. Johnson RLS s .CYZ��'.�C iT..��...c:Sac•J • PAJ:aam cc: Greg Johnson, Carriage Homes, Inc. Enclosures e :\main :112278: lme l en a7 -15 w "vs r t OCT -27- -1 998 11:44 THIS INDENTURE, made this 22nd day of 1993, by and between MORRIS A. BREKKE, Trustee under Declaration of Trust dated April 17, 1980, Party of the First first Part , and the CITY OF OAX PARK HEIGHTS, a Municipal corporation, ,� ion, Washington County, Minnesota, Party of the Second Part. WITNESSETH: and 4 ot - , o r' PERMANENT EASEMENT FOR ROAD PURPOSES /v E V401 rE June WHEREAS, the above - named Party of the First Part is s tale owner in fee simple of the real estate hereinafter described: Tract D, Registered Land Survey No 69. Washington County, Minnesota and Tract I , Registered Land Survey No. 69, Exce P tin l therefrom the Plat . of Hrekke Heights, o ghts , also excepting the Plat of Brekke Heights No. 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 which i.s hereby acknowledged, the Party of the First Part has this day bargained and sold, and by these presents does bargain, g sell and transfer unto the City of Oak Park Heights, its successors ccessors and assigns the following: A perpetual easement for public roadway purposes over, V under and across the south 60 feet of Tract D, Registered Land Survey No. 69, Washington County, Minnesota A perpetual easement 60 feet in width for public roadway over, under and across y Tract I , Registered Land Surrey 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 l 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 P.02/13 OCT -27 -1995 11: 44 easterly, northeasterly and northerly 155.41 feet along a tangential curve concave to the n a northwest . having a central angle of 91 degrees 39 minutes 16 seconds and a radius of 97.15 feet; thence North 2 degrees 12 minutes 40 seconds g hest 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 o the he 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 hereinbef care described at any time that the City of Oak Park r Heights nay see fit, and construct maintain and repair any lines, y .ivies, equipment, materials, or other items of the municipal street, utilities and storm water drainage area, for the ur p ose � p 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 g" and refill ditches andfor 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 HAVE 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 y g possess marketable title to and are lawfully seized and possessed of the real estate above described. 2 P. 03/13 OCT -2? --1999 11:44 All setbacks shall be measured from ra ert p p y lines not from the easement line, and any permitted use of the property that would otherwise be allowed on the property will not disallowed be d,�sallowed 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 � f �rst above written. J PARTY OF THE FIRST PART IN PRESENCE OF STATE OF MINNESdTA j COUNTY OF WASHINGTON} On this .�2...2,24 day of ‘ e , 1993, before me a Notary Public, within and for said County and State � appeared Morris A � Brekke, ' persona ly p , Trustee under the De .. f Trust dated April 17, 1980 tp me known to be the execu e - on describ = • i who executed n and ted the foregoing instrument 4n. aoknowZe• -• that he executed the same as his free act and de MARK J. VI EKING NOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY My Commission Expires July 14,1 997 ur A (Notarial Seal) IN PRESENCE OF: It 3 BY: L- Morris A. Brekke Trustee PARTY OF SECOND PART: CITY OP OAK PARK HEIGHTS 1 1 l BY: arbara O'Neal, Mayor a onne wzlson, Clerk P.04/13 OCT --27 --1998 11:44 STATE OF MINNESOTA ) COUNTY OF WASHINGTON) On -t n thi day of / Notary Public, in and for " .,� �,• 3.993 � before �� a sal you R ty and State appeared Barbara O'Neal and LaVonrae Wilson, to me ers or�a first dul sw � p 1 �.y known, who being by me y orn, did say that they are respective) the . Y Mayor and Clerk of the City of Oak Park Heights, by authority of the City Council the City of Oak Park Heights and said acknowledge said instrument � ld Mayor and Clerk to be the free gct and deed ' City of Oak Park Heights. of said s AFFORD, A (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 . 112 823 ENTERED IN TRANSFER RECORD WAS INGTON COUNTY, MINNESOTA 'RMTREASUfRen DEPUTY 4 P.05/13 OCT -27-1995 11:45 STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) S.S. CITY OF OAK PARK HEIGHTS) I, La Vonne Wilson, the undersigned, 4ei.ng 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 o Y' of the City of Oak Park Heights acting '‘ a regular meeting City Zng a f the C� ty Council being duly called and held at the City Municipal ai B ' ' y p u �. l.d.i.n g in said City at 7 : o 0 p.m., did approve Resolution �� n #93 D6 3l VACATING A PORTION OF 58TH STREET NORTH, EAST OF OSGOOD AVENUE AND UNOPENED 57TH STREET BETWEEN OSGOOD AVENUE AND OS MAN AVENUE. NUE I further hereby certify that I have compared the attached foregoing with the original thereof on Zile in my office, , aI1d 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. �.rrdzcated Witness my hand and seal of said City, this llth y day of August, 1993. (seal) CLERK'S CERTIFICATION La Vonne Wilson City Clerk /Treasurer ENTERED IN TRANSFER RECORD WAS INGTON COUNTY, MINNESOTA 19 ORD, AUDIT R - -� ' AS Le P.07/13 OCT-27-1998 t 'v • 11:45 CO VD tra CD 0 'y N P.06/13 OCT-27-1998 11:45 j /Li') • RESOLUTION 12.1. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA / o r ( 71e F.8/13 A RESOLUTION VACATING A PORTION OF SSTH STREET NORTH, EAST OF OSGOOD AVENUE AND UNOPENED 57TH STREET BETWEEN OSGOOD AVENUE AND OMAN AVENUE WHEREAS, the City of Oak Park He±ghts entered into an agreement with affected property owners, Morris A. Brekke, Trustee of the Brekke Trust dated April 17, 1980, Nei1 and Carol Olsen, and Swager Bros., Inc. in calendar year 1990 to relocate a portion of 58th Street North located to the east of Osgood Avenue North; and, WHEREAS, the affected parties with the City of Oak Park Heights have agreed that the City. would vacate the former 58th Street, North surface that would no longer be needed with a new realignment of 58th Street North located to the east of Osgood Avenue; and, WHEREAS, the parties agreed to a relocation of a driving access on Upper 56th Street North located to the east of Osgood in exchange for which a portion of the unopened 57th Street would be vacated as the same is located between Osman and Osgood Avenues; and, WHEREAS, Morris A. Brekke, Neil Olseil and Carol Olsen are the owners of the real property affected by the relocation of 58th and 57th Street accordingly and have petitioned for said improvement; and, WHEREAS, The City had duly entered into an agreement to make said road relocation in calendar year 1990; and WHEREAS, such relocations have been completed as it affects 58th Street North. NOW, THEREFORE, EE IT RESOLVED that all that part of 58th Street North located.to the east of Osgood Avenue and described as folIows, be and the same is hereby vacated excepting that the City of Oak Park Heights does reserve unto itself easements for municipal utilities, water, sewer and storm sewer now in place in the areas described below. (This vacation is for street/roadway purposes only) : c' N e That part of Tract E,.Registered Land Survey No. 69, el \ Washington County, Minnpsota, which lies west of the east 60 feet thereof, except that part taken for County Road " ° r‘l No 67. o c\ ) OCT-27-1998 11:45 That part of 58th Street North as d q Johnson Estates, W dedicated in Raymie County, Minnesota which northerly and northwesterly � lies � �� a line described as commencing at the southwest corner of Lot 1, Block 1 said Raymie Johnson Estate: thence right +� f way line ' west along the north of said 58th Street North 142.82 fee to the point of beg�.rxnxn of t g the line to be described; thence westerly 99.41 feet along a tangential concave to the south having '� g nt�al curve having a central angle of 45 degrees 00 minutes and a radius of 126.57 7 feet and said line there terminating. 4 9- (1 BE IT FURTHER RESOLVED that all that part of the unopened 57th located between Osgood Avenue and O Scree locat ed between Osgood Avenue and sman Avenue ' �, � more fully described below, be and which is and the same is hereby vacated excepting that the City of Oak Park Heights does reserv► itself easements for municipal, es u tiliti a unto sewer now in place in the areas described i water water, surer and storm ibed below. (This vaca is f or street/roadwa purposes otion y �' �' onlY� Subject to Osgood Avenue that is � at part of Tract 1, Registered tered Land Survey No . 69 ,. Washington Minnesota �. �n within the � � � County, lying he following described lines: Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter of Section 4, o Townshi p 29 North, Range 20 West; thence N rth 2 �.egrees l2 K minutes 40 seconds West (assumed bearing) said along the West Zino of sa id Southeast Quarter of Northeast Quarter Q r f' kw. � distance of 1002.81 feet to the point of beginning p of the lines to be herein described, thence tontinuin, North � 'g 2 degrees 12 minutes 4 0 seconds West a distance of 60.44 feet; thence North 80 degrees 47 minutes 41 distance of 167 a seconds East V 1A3 . 75 feet to the West line of Osman Avenue North as platted in Sun View Addition; S outh 2 degrees � thence (a gr' . 12 minu 40 seconds East along the southerly extension of said lest line g one a distance of 60.44 feet to the South line of 57th Street North as �in S►u37V! �ew' Addition; South 80 d thence platted 47 minutes 41 seconds West along the southwester].. extension South line of 57th Street North a distance of said ance o f 167.75 feet to the point of beginning. BE IT FURTHER RESOLVED that the City Clerk shall Completion Y 11 prepare a Notice of tom p of these proceedings which shall contain the name of the City, the identification of the vacation statement the time of completion thereof and of a description of the real estate and land affected thereby . Such notice shall be presented County Auditor who shall � P nted to the 1l enter the same in his transferred records and note upon the instrument over his official signature the words, P.09/13 P • 1 OCT-27 --1995 11:46 • "entered in the transfer records". with the Count �❑❑r�s � The Notice shall then Recorder all as is required be filed e § 412.851. qu red 3�y Minnesota Statute Adopted by the City Cvurioil of the this 2 8th day o f city f yak Park Heights Y dune, 1993. �ghts Attest: onne City Clerk • 3 ar ■ara O'Neal, (ay❑r P.10/13 OCT-27 -1998 11:46 \\ (--) ‘ * 4)1 rr �. (D . "� 0 r n r 1 a , -1' 6 Zb = '""'� O • ffl co �' 0 co co to co 0 O CO 0 S. ZI T. r �� CO I W .... w ki:t C7 G.) K! t1) V2 m N 1- r Ln CO CA (11( ria .1 74- 0 ea W ze pi CA =0 wi v c'Q -n Ozmn .at rn x at 4 P. 11/13