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AMENDED RESOLUTION NO 06-0 4-18
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING AND DIRECTING
THE SALE OF REAL PROPERTY OWNED BY THE
CITY OF OAK PARK HEIGHTS TO GREEN TWIG, LLC, A MINNESOTA LPMTED
LIABILITY COMPANY, VALLEY SENIOR SERVICES ALLIANCE, A NIINNESOTA
NON - PROFIT CORPORATION, AND CSM EQUITIES, L.L.C.,
A DELAWARE LBHTED LIABILITY COMPANY
WHEREAS, the City of Oak Park Heights acquired a certain road and utility
easement dedicated by Quit Claim Deed to the City dated October 26, 1990 and filed of record
October 26, 1990 as Document No. 1005324 in the office of the Registrar of Titles in and for
Washington County, Minnesota, described as follows:
Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990,
filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles,
Washington County, Minnesota, described as follows:
•
A permanent easement for road and utility purposes over, under and across the South
40.00 feet of the following described tract of land: All that part of the North Half of
the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows: Beginning at the Northwest corner of the
East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of the Northeast Quarter; thence South 0l
degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof,
a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05
feet to the west line of the East 1013.00 feet of said North Half of the Northeast
Quarter, as measured at a right angle to said east line and a point hereinafter referred
to as Point "A"; thence South 01 degree 52 minutes 14 seconds East along said
westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13
seconds West 49.31 feet; thence South 01 degree 52 minutes 08 seconds East 363.61
feet to the southerly line of said North Half of the Northeast Quarter; thence South 89
degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence
North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter
referred to as Point `B" which bears North 89 degrees 51 minutes 37 seconds West
from the before mentioned Point "A"; thence South 89 degrees 51 minutes 37
seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the
intersection with the westerly line of the East 1193.00 feet of said North Half of the
• Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West 633.29 feet
to the northerly line of said North Half of the Northeast Quarter; thence South 89
degrees 43 minutes 00 seconds East along said northerly line a distance of 100.07
feet to the point of beginning;
Also, an 80.00 foot wide permanent easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
side of the above - mentioned Line "AB" from Point "A" to Point "B" (collectively,
"Easement Area V); and,
WHEREAS, the City of Oak Park Heights acquired a perpetual easement for
roadway and drainage and utility purposes by Warranty Deed dated February 24, 1996, filed of
record on March 6, 1996 as Document No. 876327 in the office of the County Recorder in and for
Washington County, Minnesota affecting real property described as follows:
A perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest corner of said Southeast
• Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the
southwest having a central angle of 38 degrees 25 minutes 36 seconds and a
radius of 400.00 feet; thence South 51 degrees 52 minutes 14 seconds East and
tangent to said curve 84.22 feet; thence easterly 279.25 feet along a tangential
curve concave to the north having a central angle of 40 degrees 00 minutes and a
radius of 400.00 feet; thence North 88 degrees 07 minutes 46 seconds East and
tangent to last described curve 113.00 feet to a point on the east line of said North
Half of the Southeast Quarter of the Northeast Quarter distant 440.00 feet north
from the southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
May 19, 2000, as Document No. 3104763, Office of the County Recorder,
Washington County, Minnesota;
(`Basement Area 2 "); and,
WHEREAS, The City of Oak Park Heights is the fee owner named on Certificate of
Title No. 40499, Office of Washington County Registrar of Titles, regarding land described as
follows:
•
• "That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, which lies north of the following- described line:
Commencing at the northwest corner of the East 1093.00 feet of said North Half
of the Northeast Quarter, as measured at a right angle to the east line of said
North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14
seconds East, assumed bearing, along the westerly line thereof a distance of
633.04 feet to the point of beginning of the line to be described; thence South 89
degrees 51 minutes 37 seconds East 80.05 feet to the west line of the East 1013.00
feet of said North Half of the Northeast Quarter, as measured at a right angle to
said east line and said line there terminate,
and is joining as a declarant in the proposed plat of OAK PARK COMMONS, in which said land
described in Certificate of Title No. 40499 is being dedicated as part of Lots 2 and 7, Block 1,
OAK PARK COMMONS, and Nova Scotia Avenue North; and
WHEREAS, the City of Oak Park Heights has been requested by Green Twig, LLC, a
Minnesota limited liability company, to be allowed to acquire from the City of Oak Park Heights
its interest in and to all of Easement Area 1 described above for the purpose of releasing the
easements created in Document No. 1005324, Office of Registrar of Titles, Washington County,
Minnesota; and
• WHEREAS, the City of Oak Park Heights has been requested by Valley Senior Services
Alliance, a Minnesota non - profit corporation, to be allowed to acquired from the City of Oak
Park Heights its interest in and to all of Easement Area 2 described above for the purpose of
releasing the easements created in Document No. 876327, Office of County Recorder, Washington
County, Minnesota; and
WHEREAS, the City of Oak Park Heights has been requested by CSM Equities, L.L.C., a
Delaware limited liability company, to be allowed to acquire from the City of Oak Park Heights its
interest in and to those portions of Lots 2 and 7, Block 1, of the proposed plat of OAK PARK
COMMONS, embraced within the land described in Certificate of Title No. 40499, and which is
described as follows:
"That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows:
Commencing at the northwest corner of the East 1093.00 feet of said North Half
of the Northeast Quarter, as measured at a right angle to the east line of said
North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14
seconds East, assumed bearing, along the westerly line thereof a distance of
497.04 feet to the point of beginning; thence southeasterly a distance of 141.46
feet along a tangential curve concave to the northeast having a radius of 326.00
feet and a central angle of 24 degrees 51 minutes 46 seconds, to the point of
intersection with a line drawn South 89 degrees 51 minutes 37 seconds East from
•
• a point on said westerly line of the East 1093.00 feet of said North half of the
Northeast Quarter as measured at a right angle to the east line of said North Half
of the Northeast Quarter, distant 633.04 South of the point of commencement
described herein, as measured along said westerly line; thence North 89 degrees
51 minutes 37 seconds West 30.23 feet, to said westerly line of said East 1093.00
feet; thence North 01 degree 52 minutes 14 seconds West, along said westerly
line, a distance of 136 feet, to the point of beginning. (the "Fee Area "); and
WHEREAS, the City of Oak Park Heights has conducted a public hearing held
before the City Council of the City of Oak Park Heights on February 7, 2006 to determine the public
interest and/or any objections to the sale of the aforementioned properties; and,
WHEREAS, no adverse public comment was received; and,
WHEREAS, the City Council for the City of Oak Park Heights hereby finds that
disposal or sale of the proposed lands has no adverse relationship or impact upon the City's
comprehensive plan; and,
WHEREAS, the City of Oak Park Heights has determined that the sale and
disposition of the above - described lands will facilitate economic development within the City of
Oak Park Heights, benefiting tax revenues and employment within the City of Oak Park Heights;
and,
• WHEREAS, the City of Oak Park Heights has obtained a real estate appraisal on the
above - described property by Raymond W. Kirchner, S.R.A., S.R.P.A., to determine the fair market
value of the above - described properties; and,
WHEREAS, based upon the aforementioned real estate appraisal and the competing
appraisal obtained by CSM Equities, L.L.C., the City Council for the City of Oak Park
Heights hereby determines that the fair market value of the lands above - described is in the amount
of $241,000.00; and,
WHEREAS, Green Twig, LLC (as to Easement Area 1), Valley Senior Services
Alliance (as to Easement Area 2), and CSM Equities, L.L.C. (as to Fee Area), have offered to
acquire said lands from the City of Oak Park Heights at its fair market value as determined by the
City Council for the City of Oak Park Heights; and,
WHEREAS, the City Council determines it to be in the best interest of the City of
Oak Park Heights to sell the aforementioned Easement Area 1 to Green Twig, L.L.C., and Easement
Area 2 to Valley Senior Services Alliance, and the Fee Area to CSM Equities, L.L.C., a Delaware
limited liability company, at fair market value as determined by the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Park Heights that the Mayor and City Administrator are hereby authorized and directed to
•
execute all necessary documents to effect the sale and transfer for $241,000.00 representing the fair
market value of the following referenced properties to Green Twig, L.L.C., a Minnesota limited
liability company, as to Parcel 1, Valley Senior Services Alliance, a Minnesota non -profit
corporation, as to Parcel 2, and CSM Equities, L.L.C., a Delaware limited liability company, as to
Parcel 3, real property to be transferred and sold, as follows:
Parcel 1:
Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990,
filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles,
Washington County, Minnesota, described as follows:
A permanent easement for road and utility purposes over, under and across the South
40.00 feet of the following described tract of land: All that part of the North Half of
the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows: Beginning at the Northwest corner of the
East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of the Northeast Quarter; thence South 01
degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof,
a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05
feet to the west line of the East 1013.00 feet of said North Half of the Northeast
Quarter, as measured at a right angle to said east line and a point hereinafter referred
• to as Point "A "; thence South 01 degree 52 minutes 14 seconds East along said
westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13
seconds West 49.31 feet; thence South 01 degree 52 minutes 08 seconds East 363.61
feet to the southerly line of said North Half of the Northeast Quarter; thence South 89
degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence
North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter
referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West
from the before mentioned Point "A'; thence South 89 degrees 51 minutes 37
seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the
intersection with the westerly line of the East 1193.00 feet of said North Half of the
Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West 633.29 feet
to the northerly line of said North Half of the Northeast Quarter; thence South 89
degrees 43 minutes 00 seconds East along said northerly line a distance of 100.07
feet to the point of beginning
Also, an 80.00 foot wide permanent easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
side of the above- mentioned Line "AB" from Point "A" to Point "B ";
and
Parcel 2:
•
A perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest corner of said Southeast
Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the
southwest having a central angle of 38 degrees 25 minutes 36 seconds and a
radius of 400.00 feet; thence South 51 degrees 52 minutes 14 seconds East and
tangent to said curve 84.22 feet; thence easterly 279.25 feet along a tangential
curve concave to the north having a central angle of 40 degrees 00 minutes and a
radius of 400.00 feet; thence North 88 degrees 07 minutes 46 seconds East and
tangent to last described curve 113.00 feet to a point on the east line of said North
Half of the Southeast Quarter of the Northeast Quarter distant 440.00 feet north
from the southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
• May 19, 2000, as Document No. 3104763, Office of the County Recorder,
Washington County, Minnesota;
and
Parcel (3)- (Fee Area):
"That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows:
Commencing at the northwest corner of the East 1093.00 feet of said North Half
of the Northeast Quarter, as measured at a right angle to the east line of said
North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14
seconds East, assumed bearing, along the westerly line thereof a distance of
497.04 feet to the point of beginning; thence southeasterly a distance of 141.46
feet along a tangential curve concave to the northeast having a radius of 326.00
feet and a central angle of 24 degrees 51 minutes 46 seconds, to the point of
intersection with a line drawn South 89 degrees 51 minutes 37 seconds East from
a point on said westerly line of the East 1093.00 feet of said North half of the
Northeast Quarter as measured at a right angle to the east line of said North Half
of the Northeast Quarter, distant 633.04 South of the point of commencement
described herein, as measured along said westerly line; thence North 89 degrees
51 minutes 37 seconds West 30.23 feet, to said westerly line of said East 1093.00
feet; thence North 01 degree 52 minutes 14 seconds West, along said westerly
line, a distance of 136 feet, to the point of beginning."
WHICH WILL BE CONVEYED BY QUITCLAIM DEED RELEASING LOTS
2 AND 7 FROM ANY CLAIM OF THE CITY OF OAK PARK HEIGHTS
2006. Passed by the City Council for the City of Oak Park Heights this 25 . 1,
David Beaudet, Mayor
A T.
Eric o on
C inistrator