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LAW OFFICES OF `i
Eckherg, Lammers, Briggs, Wolff & Vierling, P.L.L.P.
1835 Northwestern Avenue
Lyle J. Eekberg Stillwater. Minnesota 55082
Susan D. Olson
James F. Lammers (612) 439-2878 David K. Snyder
Robert G. Briggs** FAX (612) 439-2923
Mark J. Vierling* Direct Dial (612) 351-2118 Paul A Wolff
Gregory G. Galley (1911-1996)
Kevin K. Shoeberg *Qualified Xeutral Arbirator& Mediator
Thomas J. Weidner October 7, 1996 *Qualified Neutral Arbitrator
*Certified Real Estate Specialist
WASHINGTON COUNTY COURT ADMINISTRATOR
CIVIL COURT DIVISION
WASHINGTON COUNTY GOV'T CENTER
14900 61ST STREET NORTH
STILLWATER MN 55082
RE: In the Matter of the Condemnation of Certain Lands in
the City of Oak Park Heights
Court File No. C6-96-1745
Dear Administrator:
Enclosed herewith for filing please find Notice of Entry and
Filing of Report of Commissioners together with our Affidavit of
Service in regards to the above-referenced matter. Also enclosed
please find the proposed Final Certificate which we would ask that
you forward to Judge Eggleston for his approval.
If you have any questions or concerns regarding this, please
feel free to contact me directly.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson � ~
Mr. Karl Ranum
' i e .
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No. C6-96-1745
municipal corporation,
Petitioner,
NOTICE OF ENTRY AND
vs. FILING OF REPORT OF
COMMISSIONERS
Allan A. Connel, Jr. and
Geraldine Connel, husband and wife,
Respondent .
•
TO: Allan A. Connel, Jr. and Geraldine Connel, husband. and wife,
and their attorney, Karl Ranum, 104 North Main Street,
Stillwater, MN 55082
PLEASE TAKE NOTICE that in the above-entitled matter, the
Report of the Commissioners, which is attached hereto, was filed
with the Washington County Court Administrator' s Office.
The award of the Court-Appointed Commissioners may be appealed
to the District Court by any party having any interest in the
subject property if the award is considered to be unsatisfactory.
If an appeal is taken, it must be filed with the Clerk of
District Court within forty (40) days from the date the Report is
entered, and must conform with all of the requirements as set forth
in Minnesota Statutes Chapter 117.
If you do not wish to appeal the award and wish payment of the
award prior to the expiration of the forty (40) day appeal period,
you may request a waiver of appeal form from our office.
If no appeal is taken by either the Petitioner or any of the
other parties in interest, and a waiver of appeal form is not
a . •
executed, the Petitioner will, within approximately two (2) weeks
after the expiration of the forty (40) day appeal period, deliver
a check payable to Allan A. Connel, Jr. and Geraldine Connel,
husband and wife in the amount of the award, less amounts
previously paid, plus interest as set forth in Minnesota Statutes
Chapter 117, to the following person: Karl A. Ranum, Attorney At
Law, addressed to him at 104 N. Main Street, Stillwater, MN 55082 .
The check must be endorsed by all parties named on the face of
the check.
Dated this 7th day of October , 1996 .
ECKBERG, LAMMERS, BRIGGS, WOLFF
& VIERLING, P.L.L.P.
/s/ Mark J. Vierling
Mark J. Vierling
Attorneys for Plaintiff
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
Attorney I .D. 112823
• •
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No. C6-96-1745
municipal corporation,
Petitioner,
REPORT OF COMMISSIONERS IN
vs. THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS IN THE CITY
Allan A. Connel, Jr. and OF OAK PARK HEIGHTS
Geraldine Connel, husband and wife,
Respondent.
The undersigned, WILLIAM A. SCHWAB, Chairman, JAMES K. MUGG
and CLIFFORD N. ADKINS, Commissioners duly appointed by the above
Court to ascertain and report the amount of damage that will be
sustained by the above-named owner of the land described in the
Petition on file herein by reason of taking by condemnation of that
certain parcel of land described as follows :
SEE ATTACHED
hereby report as follows :
That the Commissioners, having qualified as required by law,
having viewed the premises taken and having heard the testimony
relative thereto, hereby assess and award the following damages for
the taking of the real property interests described therein:
Damages for the taking are assessed in the amount of
$ ,2E)/, lsz ca (*) •
The undersigned further report that they have spent the number
of days shown below in the discharge of their duties as
Commissioners, and ask as their fees the amounts hereinafter stated
. ,
• 111
for the performance of said duties as Commissioners in accordance
with the provisions of the Order by which they were appointed as
follows :
WILLIAM A. SCHWAB
Fees at $ /5-60• " per day for days .
$ 7 5b, C'c,
JAMES K. MUGG
Fees at $ /.j o, v° per day for `T" days.
CLIFFORD N. ADKINS
Fees at $ /60. C c' per day for days.
$ G00. C'
The undersigned, in their discretion, allow and show
separately in addition to the above award of damages, reasonable
appraisal fees in the amount of $ 500. Con
Dated this off"---;- day of 9��,� �-�c ' ' ,
Penfield, Inc. 10010 60th Str. No,Stillwater, MCI 55032 WILLIAM A. SCHWAS
.4tYl..ta, k
Woodland Acres 10336 Jody Amin No, Stillwater, MST 55082 MMES K. MUGG Cf
Adkins Appraisal Service 2227 Lake Flip Ave No, CL I FE RD N. ADKINS
Take Elan, NN 55042
. .
EXHIBIT A
All that part of the South 225 .00 feet of the Northeast
Quarter of the Northwest Quarter of Section 4, Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows :
Beginning at the point of intersection of the northerly line
of said South 225 .00 feet with the easterly line of the West 332.00
feet of said Northeast Quarter of the Northwest Quarter; thence
easterly along said northerly line 209.79 feet, more or less, to
Y ,
the easterly li ne
of that particular parcel as
described on
Certificate of Title Number 3188, as the same is on file and of
record in the office of the Registrar of Titles in and for said
Washington County, Minnesota; thence southerly along said easterly
line 223 .35 feet, more or less, to a point 1.73 feet northerly, as
•
measured along said easterly line, from the southerly line of said
northeast Quarter of the Northwest Quarter; thence westerly in a
direct line to a point in said easterly line of the West 332 .00
feet of the Northeast Quarter of the Northwest Quarter distant 0 .57
feet northerly, as measured along said easterly line, from said
southerly line of Northeast Quarter of the Northwest Quarter;
thence northerly alon g said easterly line to the point of
beginning.
Parcel contains 1.0781 acres, more or less.
Subject to easements and agreements of record.
Subject to and together with any other valid easements,
reservations or restrictions.
•
co ej,„11 •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF Sc VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G. GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118 SUSAN D.OLSON
MARK J.VIERLING _... ■ulp K a NYI7R�....,..__
September 10, 1996 1T
SEP 1 21996
MR ROGER ROHRER ?... .- _.....
BETTENDORF ROHRER KNOCHE & WALL INC --
SUITE 314
1600 UNIVERSITY AVENUE
ST PAUL MN 55104
RE: In the Matter of the Condemnation of Certain Lands
in the City of Oak Park Heights
Dear Roger:
For what it is worth, I am forwarding you a copy of the
appraisal that was prepared on the Connel property by Curt
Remington as directed by attorney Karl Ranum. The hearing in this
matter, as you know, is set f
y t or September 20, 1996, I believe that
you have all the documents with regard to surveys and other matters
that have been prepared in this matter to date, but if not, please
let me know and we will forward them to you.
Also, I trust that you have calendared out the Commissioner' s
hearing date and plan to attend.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael J. Robertson
bps : Please also calendar this time on your calendar as well . We
will need your testimony at the same time.
•
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No. C6-96-1745
municipal corporation,
Petitioner,
FINDINGS OF FACT, CONCLUSIONS
vs . OF LAW AND ORDER APPOINTING
COMMISSIONERS
Allan A. Connel, Jr. and
Geraldine Connel, husband and wife,
Respondent .
IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE
COUNTY OF WASHINGTON, STATE OF MINNESOTA, FOR PARK USE, BIKE AND
WALKWAY UTILIZATION, TO THE ABOVE-NAMED RESPONDENT (S) :
The above-entitled matter came on for hearing before the
undersigned Judge of the above-named Court on the 7th day of
August, 1996, at the Washington County Government Center in the
City of Stillwater, on the Petition of the City of Oak Park
Heights, a municipal corporation under the laws of the State of
Minnesota, for an Order of this Court adjudging that the proposed
taking by condemnation of that certain parcel of land in the City
of Oak Park Heights, Washington County, Minnesota, described as
follows :
SEE ATTACHED
for park use, bike and walkway utilization purposes, is a public
use, is authorized by law and is necessary; appointing
Commissioners to appraise the damages occasioned by such proposed
taking, fixing the time and place of the first meeting of
Commissioners and providing for said Commissioners' compensation.
. •
James F. Lammers, of Eckberg, Lammers, Briggs, Wolff &
Vierling, P.L.L. P. , Stillwater, Minnesota, appeared as counsel on
behalf of the Petitioner, City of Oak Park Heights .
Karl M. Ranum appeared on behalf of the Respondent.
Petitioner thereupon offered in evidence the Petition in the
above-entitled proceedings, together with notices in the
proceedings and proof of service of the notices, which Petition,
Notices and proofs of service were received and admitted into
evidence . Evidence was thereafter received as to the necessity for
the taking.
The Court, having heard all competent evidence in support of
the granting of the Petition and there being no evidence offered in
opposition to the granting of the Petition, finds as follows :
FINDINGS OF FACT
I.
That the notice of the object of the Petition and of the time
andplace of the hearing, as required by law, was duly served upon
the Respondents herein, as appears more fully by the Affidavits of
Service on file.
II.
That the Court has jurisdiction over the subject of the
proceedings and of the land described in the Petition.
III.
That the City of Oak Park Heights is a municipal corporation
created and existing under the laws of the State of Minnesota.
4 s
Iv.
That the proposed taking is necessary, is for public use and
is authorized by law.
The Court further finds as :
CONCLUSIONS OF LAW
That the proposed taking, insofar as this parcel is concerned,
is necessary and as such is authorized by law.
IT IS THEREFORE ORDERED, that Clifford N. Adkins
William A. Schwab and James K. Mugg
and Norman Davis and John T. Kenna as
alternates, each of whom is a disinterested person and resident of
Washington County, Minnesota, are hereby appointed as Commissioners
to ascertain and report the amount of damages that will be
sustained by the respective owners of the parcel of land described
in the Petition herein, on account of such taking.
IT IS FURTHER ORDERED, that the first meeting of said
Commissioners shall be heard in the offices of the Court
Administrator of Washington County, in the County Government Center
at Stillwater, Minnesota on the 14th day of August, 1996 , at 9 : 00
o' clock a.m. , on that date; that the compensation of each of said
Commissioners shall be, and hereby is, fixed at the sum of One
Hundred Fifty Dollars ($150 . 00) per day for each and every day
served by him in the performance of his duties as a Commissioner.
IT IS FURTHER ORDERED, that the estate acquired by Petitioner,
its successors and assigns, in the parcel more particularly
described in the Petition on file herein, shall be a partial or a
• •
permanent taking of said parcel of land as designated in the
Petition for park use, bike and walkway utilization purposes.
Dated this 7 day of 4,, , 1996 .
Ju•ge of District a -like
411 411
EXHIBIT A
All that part of the South 225 . 00 feet of the Northeast
Quarter of the Northwest Quarter of Section 4, Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows :
Beginning at the point of intersection of the northerly line
of said South 225 . 00 feet with the easterly line of the West 332 .00
feet of said Northeast Quarter of the Northwest Quarter; thence
easterly along said northerly line 209 .79 feet, more re or less, to
the easterly line of that particular parcel as described on
Certificate of Title Number 3188, as the same is on file and of
record in the office of the Registrar of Titles in and for said
Washington County, Minnesota; thence southerly along said easterly
line 223 . 35 feet, more or or less, to a point 1.73 feet northerly, as
measured along said easterly line, from the southerly line of said
northeast o"uarter
Q of the Northwest uarter; thence westerly y in a
direct line to a point in said easterly line of the West 332 . 00
feet of the Northeast Quarter of the Northwest Quarter distant 0 . 57
feet e northerly, as measured along said easterly line, from said
southerly line of Northeast Quarter of the Northwest Quarter;
thence northerly along said easterly line to the .
Y 4 y point of
.
be innin
4 4
Parcel contains 1. 0781 acres, more or less.
Subject to easements and agreements of record.
Subject to and together with any other valid easements,
,
reservations or restrictions.
i •
C(11 'y
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF $c VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118 SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYDER
July 30, 1996
WASHINGTON COUNTY COURT ADMINISTRATOR
CIVIL COURT DIVISION
WASHINGTON COUNTY GOV' T CENTER
14900 61ST STREET NORTH
STILLWATER MN 55082
RE: In the Matter of the Condemnation of Certain Lands in
the City of Oak Park Heights
Court File No. C6-96-1745
Dear Administrator:
Enclosed herewith for filing please find Proposed Commissioner
Nominees together with our Affidavit of Service in regards to the
above-referenced matter.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson
•
LAW OFFICES OF Lid ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
(612)439.2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G.CALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118 SUSAN 0.OLSON
MARK J.VIERLING DAVID K.SNYDER
July 30, 1996
MR ALLAN A CONNEL JR
MS GERALDINE CONNEL
14303 N 60TH STREET
OAK PARK HEIGHTS MN 55082
MR KARL M RANUM
ATTORNEY AT LAW •
104 NORTH MAIN STREET
STILLWATER MN 55082
RE: Connel Park Acquisition
Dear Mr. and Mrs. Connel and Mr. Ranum:
Enclosed herewith and served upon you by U. S . Mail please
find Proposed Commissioner Nominees in regards to the above-
referenced matter.
Yours very truly,
s/I
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson
! •
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No.
municipal corporation,
Petitioner,
PROPOSED
vs. COMMISSIONER NOMINEES
Allan A. Connel, Jr. and
Geraldine Connel, husband and wife,
Respondents .
IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE
COUNTY OF WASHINGTON, STATE OF MINNESOTA.
TO: DISTRICT COURT above-named, Washington County Government
Center, 14900 61st Street North, Stillwater, MN 55082 ; and
RESPONDENTS above-named,
The Petitioner above-named, through the undersigned,
their attorney, respectfully nominate for appointment as
Commissioners to ascertain and report the amount of damages that
will be sustained by them as a result of the taking by Petitioner
above-named, the following competent and disinterested residents of
Washington County, to-wit:
Nominee Address
James Mugg Real Estate Appraiser
10336 Jody Avenue North
Stillwater, MN 55082
Michael E. Muske ERA Muske Company
840 West Broadway
Forest Lake, MN 55025
Peter Thompson Thompson Property, Inc.
6888 65th Street South
Cottage Grove, MN 55016
r . .
The undersigned, on behalf of said Petitioner, represent
to the Court that they have no relationship, business or otherwise,
to any of the nominees above-named and know of no interest in these
pending proceedings which may constitute a conflict of interest or
which may create the appearance of impropriety should any of the
above nominees be appointed.
' Dated this 12th day of July ,, 199. .
ECKBERG, LAMME" , BRIGGS,
WOLF: & VI. ' ING, P.L.L.P.
By -�„�.
Mark J. Vierling
Atto ey I .D. #112823
Attor y for Petitioner
1835 No thwestern Avenue
Stillwater, MN 55082
(612) 439-2878
411 411
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF Direct Dial (612) 351-2118 SUSAN D. OLSON
MARK J.VIERLING DAVID K. SNYDER
July 12, 1996
MR MICHAEL J ROBERTSON
CITY ADMINISTRATOR JUL CITY OF OAK PARK HEIGHTS ,� `UL 1 51996 H,
P 0 BOX 2007 I'
14168 57TH STREET NORTH '1
OAK PARK HEIGHTS MN 55082 -
RE : Connel Park Acquisition
Court File No. C6-96-1745
Dear Mike :
Enclosed herewith please find an Amended Notice in the Matter
of the Condemnation of Certain Lands in the City of Oak Park
Heights, Petition and Notice of Lis Pendens in the above entitled
matter.
This matter is set before Judge Eggleston on -•ust 1996 at
9 : 00 a.m. and I am requesting that you be press t at than time to
testify. I will be on vacation at that t ' e, howev , I have
arranged for Jim Lammers to take my place .
If you have any questions, please feel fr-e to contact my
office .
Yours v-ry uly,
Mar J. Vierling --
MJV/smp
Enclosures
411
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No. C6-96-1745
municipal corporation,
Petitioner, AMENDED
NOTICE IN THE MATTER OF
vs . THE CONDEMNATION OF CERTAIN
LANDS IN THE CITY OF OAK
Allan A. Connel, Jr. and PARK HEIGHTS
Geraldine Connel, husband and wife,
Respondent.
TO: Allan A. Connel, Jr. and Geraldine Connel, husband and wife,
14337 60th Street North, Oak Park Heights, MN 55082
You are hereby notified that on the 7th day of August, 1996,
Y Y g
at 9 : 00 o' clock a.m. , or as soon thereafter as Counsel can be heard
in the Washington County Government Center in Stillwater,
Minnesota, Petitioner will present to the District Court, Tenth
Judicial District, a Petition, a copy of which is served herewith
for the condemnation of certain lands to be used for park use, bike
and walkway utilization.
The object of said Petition is to acquire real property for
park use, bike and walkway utilization of the land described as
follows :
SEE ATTACHED EXHIBIT A
Also Petitioner will ask the Court to appoint Commissioners to
ascertain and report the amount of damage that will be sustained by
the Respondent land owner and encumbrances on account of such
taking.
The lands and rights proposed to be so taken are situated in
.
the City of Oak Park Heights, County of Washington, Minnesota, are
described and the names of all persons appearing on record known to
Petitioner to be the owner of said lands or having any rights or
interest therein, including all whom your Petitioner has been able
to discover by inquiry or investigation, together with the nature
of ownership of each as nearly as can be ascertained, are set forth
as follows :
Allan A. Connel, Jr.
Geraldine Connel
Dated this 12th day of July, 1996 .
ECKBERG, ERS, BR S, WOLFF
& VIERLD , P.L - .P.
Mar J. Vierling
At■orneys for Petitioner
Ci. of Oak Park Heights
1835 orthwestern Avenue
Stillwater, MN 55082
(612) 439-2878
Attorney I .D. 112823
• •
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a
municipal corporation,
Petitioner,
PETITION IN THE MATTER OF
vs . THE CONDEMNATION OF CERTAIN
LANDS IN THE CITY OF OAK
Allan A. Cannel, Jr. and PARK HEIGHTS
Geraldine Connel, husband and wife,
Respondent.
Petitioner, the City of Oak Park Heights, alleges as follows :
I .
That the Petitioner is duly incorporated City organized and
existing under and by virtue of the laws of the State of Minnesota,
and as such is authorized to exercise the right of eminent domain
pursuant to the provisions of Chapter 117 of Minnesota Statutes.
II .
The City of Oak Park Heights held a regular meeting of the
City Council of the City on April 8, 1996, said City Council
determined it to be necessary and proper for the City to acquire
access rights to the land described as follows :
SEE ATTACHED EXHIBIT A
all of which is located in said City, County, and State, and the
names of all persons appearing of record or known to be the owners
of said lands or interested therein, including all those whom
Petitioner has ascertained by investigation and inquiring, together
with the nature of the ownerships and interests, as nearly as can
S •
be determined are hereinafter set forth:
III .
That none of said lands are presently devoted to public use
except as hereinafter expressly stated.
WHEREFORE, Petitioner, City of Oak Park Heights, prays:
a. That such proceedings may be had as is provided by law
and that Petitioner acquire by condemnation the interests for the
purposes hereinabove stated in said lands as against Respondents as
hereinafter set forth;
b. That it be adjudged and determined that the use for which
such lands are sought to be taken as a public use and that this
g P
taking is authorized by law;
c . That three competent and disinterested persons who are
residents of Washington County, Minnesota, be appointed as
Commissioners to ascertain and report the amount of damages that
will be sustained by the owners and other persons interested in
said land;
d. That the Court fix the time and place of the first
meeting of such commissioners and prescribe compensation;
e . That the Commissioners be directed and instructed by the
Court to proceed according to law and to make a fair and impartial
assessment and award of damages sustained by Respondent herein by
reason of Petitioner' s taking of the lands hereinafter described
and to report the same to the Court, and in all cases where, for
any reason, it shall be doubtful to whom the award shall be paid,
that such amount be paid to the Clerk of Court to be paid out by
2
• o
him under the direction of the Court;
f . And for such other and further relief as may be
appropriate in the premises.
Dated this 7717 day of _- / , 1996 .
ECKBERG, RS, BRI : , WOLFF
& VIE- 'G, P.L.L
Miark J. Vierlincf
• Attgxneys for Petitioner
City of Oak Park Heights
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
Attorney T.D. 112823
3
• s
EXHIBIT A
All that part of the South 225 .00 feet of the Northeast
Quarter of the Northwest Quarter of Section 4, Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows:
Beginning at the point of intersection of the northerly line
of said South 225 .00 feet with the easterly line of the West 332 . 00
feet of said Northeast Quarter of the Northwest Quarter; thence
easterly along said northerly line 209 . 79 feet, more or less, to
the easterly line of that particular parcel as described on
Certificate of Title Number 3188 , as the same is on file and of
record in the office of the Registrar of Titles in and for said
Washington County, Minnesota; thence southerly along said easterly
line 223 . 35 feet, more or less, to a point 1. 73 feet northerly, as
measured along said easterly line, from the southerly line of said
northeast Quarter of the Northwest Quarter; thence westerly in a
direct line to a point in said easterly line of the West 332 . 00
feet of the Northeast Quarter of the Northwest Quarter distant 0 .57
feet northerly, as measured along said easterly line, from said
southerly line of Northeast Quarter of the Northwest Quarter;
thence northerly along said easterly line to the point of
beginning.
Parcel contains 1.0781 acres, more or less.
Subject to easements and agreements of record.
Subject to and together with any other valid easements,
reservations or restrictions.
• .
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
HELD: April 8, 1996
Pursuant to due call and notice thereof, a regular meeting of
the City Council for the City of Oak Park Heights, Washington
County, Minnesota was duly held at the City within said City- on the
8th day of April, 1996, at 7 :00 o'clock p.m.
The following members were present:
Mayor: Barbara H. O'Neal
Councilperson: David Schaaf
Councilperson: Dean Kern
Councilperson: Mark Swenson
The following members were absent:
Councilperson: Janet Robert
Member Schaaf introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 96-04-10
CITY OF OAR PARK HEIGHTS
RESOLUTION AUTHORIZING THE INITIATION OF
EMINENT DOMAIN PROCEEDINGS AND/OR NEGOTIATION
OF ACQUISITION OF PARKLAND/WALKWAY AND BIXEPATE
EASEMENTS AFFECTING THE ALLAN A. CONNEL, JR.
AND GERALDINE CONNEL PROPERTY
WHEREAS, the City wishes to acquire real property for the
purpose of locating park improvements and/or bike and walkway
improvements necessary for the development of the City- park system
serving all residents within the City of Oak Park Heights with such
acquisitions being areas adjacent to and over lands owned by Allan
A. Connel, Jr. and Geraldine Cannel, husband and wife; and,
WHEREAS, the City has determined that the required
improvements are necessary to provide for a reasonable park system
and provide for the public welfare and safety of the residents of
the City of Oak Park Heights.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights, Washington County, Minnesota as follows :
•
• •
1. That staff and legal counsel are hereby authorized to
•
initiate condemnation/eminent domain proceedings to acquire real
property for park use, bike and walkway utilization over and
affecting property owned by Allan A. Cannel, Jr. and Geraldine
Cannel, husband and wife so as to secure such property to
facilitate the development of park properties within the City of
Oak Park Heights and to serve existing park structures and park
improvements adjacent to said property as the same is affected
thereby with such property being legally described in Exhibit A and
annexed hereto and incorporated herein by reference.
2. That the staff and legal counsel are authorized to take
all necessary steps to acquire possession of the subject property
pursuant to Minnesota Statutes §117.01 et seq.
3 . That pursuant to this Resolution duly adopted by the City
Council and in the interest of public safety and welfare, it is
understood that the City employees and agents may be required to
enter upon the lands as may be necessary to perform surveying and
appraisal activities related to the improvements to be constructed
thereon.
Whereupon said Resolution was declared duly seconded by member
Kern and upon vote being taken thereon, the following voted via
voice:
Four
•
And the following voted against same:
None
Whereupon said Resolution was declared duly passed and
adopted.
•
r f •
STATE OF MINNESOTA
COUNTY OF WASHINGTON ) ss .
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated insofar as such minutes of a meeting of
the City Council of said City, duly called and held on the date
therein indicated insofar as such minutes relates to the resolution
of the City of Oak Park Heights authorizing the initiation of
Eminent Domain/Condemnation proceedings and/or the negotiation of
easements affecting the Allan A. Connel, Jr. and Geraldine Connel
property.
WITNESS my hand and the seal of said City this 7 day of
4/o4../ 192.L.
r
Michael Ro•er son
(SEAL) City Administrator
•
f + 411 •
86102
STA'E OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No.
municipal ,corporation,
`-1
Petitioner,
vs . NOTICE OF LIS PENDENS
Allan A. Connel, Jr. and
Geraldine Connel, husband and wife,
Respondent's.
NOTICE IS HEREBY GIVEN, that an action has been commenced
in the above-named Court against the Respondents in the action
above described, said Respondents being the owners of certain lands
in said City of Oak Park Heights described as follows:
• SEE ATTACHED
The purpose of said action is for the condemnation of said lands
for park use, bike and walkway utilization; that the Petitioner is
to take the access to the lands described herein and have exclusive
control of the same, that upon appointment of the Commissioners to
ascertain and report the amount of damage that will be sustained by
the respondents in the action above described, Petitioner will, at
the earliest time authorized by law, take possession of the
premises affected by this action, which premises are situated in
the County of Washington, State of Minnesota, said lands being
described as follows :
SEE ATTACHED
i
Dated this Q Z' day of 49,-r."/ , 1996 .
ECKBERG, ERS, BRIGGS,
WOLFF VIE NG, P.L.L. P.
By. Avp■
Mask J. Vierling
Attorneys for Petitioner
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
This instrument was drafted by:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
•
EXHIBIT A
All that part of the South 225 . 00 feet of the Northeast
Quarter of the Northwest Quarter of Section 4 , Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows :
Beginning at the point of intersection of the northerly line
of said South 225 . 00 feet with the easterly line of the West 332 . 00
feet of said Northeast Quarter of the Northwest Quarter; thence
• easterly along said northerly line 209 .79 feet, more or less, to
the easterly line of that particular parcel as described on
Certificate of Title Number 3188, as the same is on file and of
record in the office of the Registrar of Titles is and for said
Washington County, Minnesota; thence southerly along said easterly
line 223 . 35 feet, more or less, to a point 1 . 73 feet northerly, as
measured along said easterly line, from the southerly line of said
northeast Quarter of the Northwest Quarter; thence westerly in a
direct line to a point in said easterly line of the West 332 . 00
feet of the Northeast Quarter of the Northwest Quarter distant 0 . 57
feet northerly, as measured along said easterly line, from said
southerly line of Northeast Quarter of the Northwest Quarter;
thence northerly along said easterly line to the point of
beginning.
Parcel contains 1 . 0781 acres, more or less .
Subject to easements and agreements of record.
Subject to and together with any other valid easements,
reservations or restrictions.
•
Sheet 2 of 2 Sheets
CERTIFICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN. 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel. No. 439-5630
SURVEY MADE EXCLUSIVELY FOR: The City of Oak Park Heights , c/o Mark Vierling , Attorney ,
1835 Northwestern Avenue , Stillwater , Minnesota 55082
DESCRIPTION: All of the following described parcels are part of an overall parcel as desc .
on Cert. of Title No . 3188, fee owner : Allan A. and Geraldine F . Connell .
Proposed Description of portion of N-S-P Easement Contained in Cert . Title No . 3188 :
All that part of the South 225 .00 feet of the Northeast Quarter of the Northwest
Quarter of Section 4 , Township 29 North , Range 20 West , Washington County , Minnesota ,
described as follows :
Beginning at the point of intersection of the northerly line of said South 225 . 00 feet
with the the easterly line of the West 332 .00 feet of said Northeast Quarter of the
Northwest Quarter ; thence easterly along said northerly line 209 . 79 feet , more or less , to
the easterly line of that particular parcel as described on Certificate of Title Number 3188 ,
as the same is on file and of record in the office of the Registrar of Titles in and for
said Washington County , Minnesota ; thence southerly along said easterly line 223 . 35 feet ,
more or less , to a point 1 .73 feet northerly , as measured along said easterly line , from
0 the southerly line of said Northeast Quarter of the Northwest Quarter ; thence westerly in a
direct line to a point in said easterly line of the West 332 .00 feet of the Northeast Quarter
of the Northwest Quarter distant 0 . 57 feet northerly , as measured along said easterly line ,
from said southerly line of Northeast Quarter of the Northwest Quarter ; thence northerly
along said easterly line to the point of beginning .
Parcel contains 1 . 0781 acres , more or less .
Subject to easements and agreements of record .
Subject to and together with any other valid easements , reservations or restrictions .
Proposed Public Walkway Permanent and Temporary Easement Description :
A 10 .00 foot wide Permanent Easement and a 20 .00 foot wide Temporary Construction
Easement, all for Public Walkway purposes , over , under and across all that part of the South
225 .00 feet of the Northeast Quarter of the Northwest Quarter of Section 4 , Township 29 North ,
Range 20 West , Washington County , Minnesota , the common centerline of both easements being
described as follows :
Beginning at point in the easterly line of the West 332 , 00 feet of said Northeast
Quarter of the Northwest Quarter , distant 182 .00 feet southerly , as measured along said
easterly line , from the northerly line of said South 225 . 00 feet of the Northeast Quarter of
the Northwest Quarter ; thence easterly in a direct line , along said common centerlines , 209 . 93
feet, more or less , to a point in the easterly line of that particular parcel as described on
Certificate of Title Number 3188, as the same
>. s on file and of record in the office of the
Registrar of Titles in and for said Washington County , Minnesota , said point being 186 .00
feet southerly , as measured along said g d easterly line , from said northerly line of the South
225 .00 feet of said Northeast Quarter of the Northwest Quarter , said oint also being the
P 9
end of the common centerlines being described . The sidelines of said Permanent 10 . 00 foot
wide Easement , and the sidelines of said 20.00 foot wide Temporary Construction Easement
being shortened or prolonged as to terminate on said easterly line of the West 332 .00 feet
of the Northeast Quarter of the Northwest Quarter , and being shortened or prolonged as to
terminate on said easterly line of said parcel described on Certificate of Title Number
Subject to easements and agreements of record .
Subject to and together with any other valid easements , reservations or restrictions .
Proposed Tennis Court Encroachment Easement Parcel :
An easement for Public Tennis Court ur oses over , under and across all that part of the
South 225 .00 feet of the Northeast Quarter of the Northwest Quarter of Section 4 , Township 29
North , Range 20 West, Washington County, Minnesota , described as follows :
Commencing at the point of intersection of the northerly line of said South 225 .00 feet
of the Northeast Quarter of the Northwest Quarter , with the easterly line of that particular
parcel as described on Certificate of Title Number 3188 , as the same is on file and of record
in the office of the Registrar of Titles in and for said Washington County , Minnesota ; thence
South 01 degree 04 minutes 15 seconds East, assumed bearing , along said easterly line , 41 . 00
feet to the point of beginning of the easement being described ; thence North 89 degrees 39
minutes 32 seconds West 17 . 00 feet ; thence South 00 degree 20 minutes 28 seconds West 129 .00
feet; thence South 89 degrees 39 minutes 32 seconds East 20 . 18 feet , more or less , to said
easterly line of the parcel described on Certificate of Title Number 3188 ; thence North 01
degree 04 minutes 15 seconds West, along said easterly line, 129 .04 feet , more or less ,
to the point of beginning . ,
Easement contains 2398 square feet, or 0 .0551 acre , more or less .
Subject to easements and agreements of record .
Subject to and together with any other valid easements , reservations or restrictions .
NOTES :
Note 0. 28 ' t description gap between the e ' ly . line of
the parcel described of Cert. of Title
No. 3188 , and
p � I hereby certify that this
survey, Il an, or rc F
„rt «a5
the westerly lin e
of Reg . Land Survey No. 76 , which prepared by me or under m direct supervision and that
adjoins e 1 Fee owner of P P Y Y E
0 this S desc . I am a duly Registered or under he lau s of
J Y • gap area not y g Land Survey t
known or ascertained in the course of this survey . the State of Minnesota.
III (see Sheet 1 of 2 Sheets for details of desc . gap) /,:-
Date Jan . 23 , 1996 Re .No 13774
g
• • pyLAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
1612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG
GREGORY G. GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS
THOMAS WEIDNER
PAUL A.WOLFF
Direct Dial (612) 351-2118
SUSAN O..OLSON
MARK J.VIERLING DAVID K.SNYDER
April 12, 1996
MR KARL M RANUM
ATTORNEY AT LAW
• 104 NORTH MAIN STREET
STILLWATER MN 55082
•
RE: Connel Park Acquisition
Dear Mr. Ranum:
Enclosed herewith and served upon you by U. S. Mail please
find Petition in the Matter of Condemnation of Certain Lands in the
City of Oak Park Heights, Notice in the Matter of Certain Lands in
the City of Oak Park Heights and Notice of Lis Pendens in regards
to the above-referenced matter. Also enclosed please find an
-Acceptance of Service form which we would ask that you sign and
return back to our office as soon as possible.
If you have any questions regarding this, please feel free to
contact me directly.
Yours very truly,
X71
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson - . _ _
• •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
'835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SMOEBERG
ROBERT G. BRIGGS Direct Dial (612) 351-2118 THOMAS J.WEIONER
PAUL A.WOLFF SUSAN 0. OLSON
MARK J.VIERLING DAVID K. SNYDER
April 12, 1996
MR ROGER ROHRER
BETTENDORF ROHRER KNOCHE & WALL INC
SUITE 314
1600 UNIVERSITY AVENUE
ST PAUL MN 55104
RE: In the Matter of the Condemnation of Certain Lands
in the City of Oak Park Heights
Dear Roger:
Enclosed herewith please find documents regarding the
acquisition of certain lands in the City of Oak Park Heights for
parkland, bike and walkway use. Please review same and contact me
so that we may coordinate timing as it relates to Commissioner
hearings, reports, etc.
Yours very truly,
(7/
Mark J. Vierling
MJV/smp
Enclosures
cc: Mr. Michael J. Robertson "�
• •
` ,
LAW OFFICES OF ,F /-
ECKBERG, LAMMERS, BRIGGS, WOLFF $c VIERLING, P.L.L.P. Lf( 117
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D.OLSON
MARK J. VIERLING DAVID K.SNYDER
April 12, 1996
WASHINGTON COUNTY RECORDER
WASHINGTON COUNTY GOV'T CENTER
14900 61ST STREET NORTH
STILLWATER MN 55082
RE: In the Matter of the City of Oak Park Heights vs.
Allan A. Cannel, Jr. and Geraldine Connel, husband and wife
Court File No. C6-96-1745
Dear Madam:
Enclosed herewith for recording please find Notice of Lis
Pendens together with our firm check in the amount of $19 .50 to
cover the cost of the recording fee in this regard.
If there is anything additional that is required, please feel
free to contact my office.
•
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson "�
• •
r73 V
LAW OFFICES OF C Ii
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF Direct Dial (612) 351-2118
SUSAN O.OLSON
MARK J.VIERLING DAVID K.SNYDER
April 9, 1996
• WASHINGTON COUNTY COURT ADMINISTRATOR
CIVIL COURT DIVISION
WASHINGTON COUNTY GOV'T CENTER
14900 61ST STREET NORTH
STILLWATER MN 55082
RE: In the Matter of the Condemnation of Certain Lands in
the City of Oak Park Heights
Dear Administrator:
Enclosed herewith for filing please find Petition in the
Matter of the Condemnation of Certain Lands in the City of Oak Park
Heights together with our firm check in the amount of $132 . 00 to
cover the cost of the filing fee in this regard.
Please put this matter on for judicial assignment as soon as
possible and notify my office of same so that I may schedule this
matter for hearing.
If there is anything further that you require, please feel
free to contact my office.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosures
cc: Mr. Michael Robertson
.
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a
municipal corporation,
Petitioner,
PETITION IN THE MATTER OF
vs . THE CONDEMNATION OF CERTAIN
LANDS IN THE CITY OF OAK
Allan A. Connel, Jr. and PARR HEIGHTS
Geraldine Connel, husband and wife,
Respondent.
Petitioner, the City of Oak Park Heights, alleges as follows:
I.
That the Petitioner is duly incorporated City organized and
existing under and by virtue of the laws of the State of Minnesota,
and as such is authorized to exercise the right of eminent domain
pursuant to the provisions of Chapter 117 of Minnesota Statutes.
II .
The City of Oak Park Heights held a regular meeting of the
City Council of the City on April 8, 1996, said City Council
determined it to be necessary and proper for the City to acquire
access rights to the land described as follows :
SEE ATTACHED EXHIBIT A
all of which is located in said City, County, and State, and the
names of all persons appearing of record or known to be the owners
of said lands or interested therein, including all those whom
Petitioner has ascertained by investigation and inquiring, together
with the nature of the ownerships and interests, as nearly as can
' • •
be determined are hereinafter set forth:
III .
That none of said lands are presently devoted to public use
except as hereinafter expressly stated.
WHEREFORE, Petitioner, City of Oak Park Heights, prays:
a. That such proceedings may be had as is provided by law
and that Petitioner acquire by ire b condemnation the interests for the
purposes hereinabove stated in said lands as against Respondents as
hereinafter set forth;
b. That it be adjudged and determined that the use for which
such lands are sought to be taken as a public use and that this
taking is authorized by law;
c. That three competent and disinterested persons who are
residents of Washington County, Minnesota, be appointed as
Commissioners to ascertain and report the amount of damages that
will be sustained by the owners and other persons interested in
said land;
d. That the Court fix the time and place of the first
meeting of such commissioners and prescribe compensation;
e . That the Commissioners be directed and instructed by the
Court to proceed according to law and to make a fair and impartial
assessment and award of damages sustained by Respondent herein by
reason of Petitioner' s taking of the lands hereinafter described
and to report the same to the Court, and in all cases where, for
any reason, it shall be doubtful to whom the award shall be paid,
that such amount be paid to the Clerk of Court to be paid out by
2
•
him under the direction of the Court;
f . And for such other and further relief as may be
appropriate in the premises.
Dated this
r day of 10 "- / , 1996 .
l
ECKBERG, RS, BRI : , WOLFF
& VIER 1G, P.L.L ' .
M-rk J. Vierli •
A. orneys for Petitioner
City of Oak Park Heights
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
Attorney I .D. 112823
3
4 •
EXHIBIT A
All that part of the South 225 . 00 feet of the Northeast
Quarter of the Northwest Quarter of Section 4 , Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows :
Beginning at the point of intersection of the northerly line
of said South 225 . 00 feet with the easterly line of the West 332 . 00
feet of said Northeast Quarter of the Northwest Quarter; thence
easterly along said northerly line 209 . 79 feet, more or less, to
the easterly line of that particular parcel as described on
t 1
Certificate of Title Number 3 88, as t he same is on file and of
record in the office of the Registrar of Titles in and for said
Washington County, Minnesota; thence southerly along said easterly
line 223 . 35 feet, more or less, to a point 1 .73 feet northerly, as
measured along said easterly line, from the southerly line of said
northeast Quarter of the Northwest Quarter; thence westerly in a
direct line to a point in said easterly line of the West 332 .00
feet of the Northeast Quarter of the Northwest Quarter distant 0 .57
feet northerly, as measured along said easterly line, from said
southerly line of Northeast Quarter of the Northwest Quarter;
thence northerly along said easterly line to the point of
beginning.
Parcel contains 1. 0781 acres, more or less.
Subject to easements and agreements of record.
Subject to and together with any other valid easements,
reservations or restrictions.
S •
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, WASHINGTON COUNTY, MINNESOTA
HELD: April 8, 1996
Pursuant to due call and notice thereof, a regular meeting of
the City Council for the City of Oak Park Heights, Washington
County, Minnesota was duly held at the City within said City on the
8th day of April, 1996, at 7:00 o' clock p.m.
The following members were present:
Mayor: Barbara H. O'Neal
Councilperson: David Schaaf
Councilperson: Dean Kern
Councilperson: w
ounce person: Mark Swenson
• The following members were absent:
Councilperson: Janet Robert
Member Schaaf introduced the following Resolution and moved
its adoption:
• RESOLUTION NO. 96-04-10
CITY OF OAK PARK HEIGHTS
RESOLUTION AUTHORIZING THE INITIATION OF
EMINENT DOMAIN PROCEEDINGS AND/OR NEGOTIATION
OF ACQUISITION OF PARKLAND/WALKWAY AND BIKEPATH
EASEMENTS AFFECTING THE ALLAN A. CONNEL, JR.
AND GERALDINE CONNEL PROPERTY
• WHEREAS, the City wishes to acquire real property for the
• purpose of locating park improvements and/or bike and walkway
improvements necessary for the development of the City park system
serving all residents within the City of Oak Park Heights with such
acquisitions being areas adjacent to and over lands owned by Allan
A. Connel, Jr. and Geraldine Connel, husband and wife; and,
WHEREAS, the City has determined that the required
improvements are necessary to provide for a reasonable park system
and provide for the public welfare and safety of the residents of
the City of Oak Park Heights .
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights, Washington County, Minnesota as follows :
• •
1 . That staff and legal counsel are hereby authorized to
initiate condemnation/eminent domain proceedings to acquire real
property for park use, bike and walkway utilization over and
affecting property owned by Allan A. Connel, Jr. and Geraldine
Connel, husband and wife so as to secure such property to
facilitate the development of park properties within the City of
Oak Park Heights and to serve existing park structures and park
improvements adjacent to said property as the same is affected
thereby with such property being legally described in Exhibit A and
annexed hereto and incorporated herein by reference.
2 . That the staff and legal counsel are authorized to take
all necessary steps to acquire possession of the subject property
pursuant to Minnesota Statutes §117.01 et seq.
3 . That pursuant to this Resolution duly adopted by the City
Council and in the interest of public safety and welfare, it is
understood that the City employees and agents may be required to
enter upon the lands as may be necessary to perform surveying and
appraisal activities related to the improvements to be constructed
thereon.
Whereupon said Resolution was declared duly seconded by member
Kern and upon vote being taken thereon, the following voted via
voice:
Four
And the following voted against same:
None
Whereupon said Resolution was declared duly passed and
adopted.
• 411 .
STATE OF MINNESOTA
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being the duly qualified and acting
Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that
the same is a full, true and complete transcript of the minutes of
a meeting of the City Council of said City, duly called and held on
the date therein indicated insofar as such minutes of a meeting of
the City Council of said City, duly called and held on the date
therein indicated insofar as such minutes relates to the resolution
of the City of Oak Park Heights authorizing the initiation of
Eminent Domain/Condemnation proceedings and/or the negotiation of
easements affecting the Allan A. Connel, Jr. and Geraldine Connel
property.
WITNESS my hand and the seal of said City this l9`5 day of
+as? , 1974 .
/51'7
Michael Ro•er son
(SEAL) City Administrator
.
•
•
0 Py's
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS Direct Dial (612) 351-2118 THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYGER
April 11, 1996
MR KARL M RANUM
ATTORNEY AT LAW
104 NORTH MAIN STREET
STILLWATER MN 55082
RE: Connel Park Acquisition
Dear Mr. Ranum:
Pursuant to my correspondence with you of April 3, 1996, I am
enclosing herewith the City' s check made payable to your office in
the amount of $300 . 00 . This is provided you pursuant to Minn.
Stat. §117 .232 as reimbursement per our agreement on the appraisal
that has been conducted by your office on behalf of Mr. and Mrs.
Connel.
Yours very truly,
5/
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson L
r t
411 110
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
City of Oak Park Heights, a Court File No. C6-96-1745
municipal corporation,
Petitioner,
NOTICE IN THE MATTER OF
vs. THE CONDEMNATION OF CERTAIN
LANDS IN THE CITY OF OAK
Allan A. Cannel, Jr. and PARK HEIGHTS
III
Geraldine Connel, husband and wife,
Respondent.
TO: Allan A. Connel, Jr. and Geraldine Connel, husband and wife,
14337 60th Street North, Oak Park Heights, MN 55082
You are hereby notified that on the 6th day of June, 1996, at
9 :00 o'clock a.m. , or as soon thereafter as Counsel can be heard in
the Washington County Government Center in Stillwater, Minnesota,
Petitioner will present to the District Court, Tenth Judicial
District, a Petition, a copy of which is served herewith for the
condemnation of certain lands to be used for park use, bike and
walkway utilization.
The object of said Petition is to acquire real property for
park use, bike and walkway utilization of the land described as
follows :
SEE ATTACHED EXHIBIT, A
Also Petitioner will ask the Court to appoint Commissioners to
ascertain and report the amount of damage that will be sustained by
the Respondent land owner and encumbrances on account of such
taking.
The lands and rights proposed to be so taken are situated in
•
411 110
the City of Oak Park Heights, County of Washington, Minnesota, are
described and the names of all persons appearing on record known to
Petitioner to be the owner of said lands or having any rights or
interest therein, including all whom your Petitioner has been able
to discover by inquiry or investigation, together with the nature
of ownership of each as nearly as can be ascertained, are set forth
as follows :
Allan A. Connel, Jr.
Geraldine Connel
Dated this 9j day of �4 ,�,.`/ , 1996 .
ECKBERG, RS, : `IGGS, WOLFF
& VIE' G, P. .P.
Ma } J. Vierling
Att., eys for Petition-r
City of Oak Park Heights
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
Attorney I .D. 112823
it
EXHIBIT A
All that part of the South 225 . 00 feet of the Northeast
Quarter of the Northwest Quarter of Section 4 , Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows :
Beginning at the point of intersection of the northerly line
of said South 225 .00 feet with the easterly line of the West 332 .00
feet of said Northeast Quarter of the Northwest Quarter; thence
easterly along said northerly line 209. 79 feet, more or less, to
the easterly line of that particular parcel as described on
Certificate of Title Number 3188, as the same is on file and of
record in the office of the Registrar of Titles in and for said
Washington County, Minnesota; thence southerly along said easterly
line 223 .35 feet, more or less, to a point 1.73 feet northerly, as
measured along said easterly line, from the southerly line of said
northeast Quarter of the Northwest Quarter; thence westerly in a
direct line to a point in said easterly line of the West 332 . 00
feet of the Northeast Quarter of the Northwest Quarter distant 0 .57
feet northerly, as measured along said easterly line, from said
southerly line of Northeast Quarter of the Northwest Quarter;
thence northerly along said easterly line to the point of
beginning.
Parcel contains 1.0781 acres, more or less.
Subject to easements and agreements of record.
Subject to and together with any other valid easements,
reservations or restrictions .
Page 2 - Minutej104/08/96
S rategic Planning Committee - Councilmember Schaaf reported on
the first Strategic Planning Committee meeting. The purpose of
the meeting was to explore the possibility for cost savings
through sharing joint services between the cities of Bayport and
Oak Park Heights and Baytown Township. The Committee will make
recommendations on this issue to the City Councils . Mayor O'Neal
noted the next meeting will be Thursday, June 6 at 7 : 00 p .m. at
Bayport Library.
Oak Park Heights Business Group - Councilmember Schaaf and
Administrator Robertson reported they met with the Stillwater
Area Chamber of Commerce to discuss the possibility of organizing
an Oak Park Heights business group as part of the Stillwater Area
Chamber of Commerce.
St . Croix River Bridge Meeting - Mayor O'Neal reported that she
and Administrator Robertson attended a MNDOT meeting regarding
the new St . Croix River bridge and viewed a computer simulation
of how the view would look driving across the bridge . Mayor
O'Neal said there were also representatives from the Bridge
Coalition, Chamber of Commerce, Sierra Club, and NSP at the
meeting.
Consent Agenda
• Approve Minutes - March 25, 1996
• Set Public Hearing Date - May 13, 1996 Request for Variance
- Robert and Lydia Wood - Construction of an Additional Garage
• Set Public Hearing - May 13, 1996 - Ordinance Amendment 96-
1016-01 - An Ordinance Amending the City Parking Ordinance
• Set Public Hearing - April 22, 1996 - Outdoor Recreation Grant
• Resolution 96-04-09 - A Resolution Authorizing Participation
in the 4M Money Market Fund
• Resolution 94-04-10 - A Resolution Authorizing the Initiation
of Eminent Domain Proceedings and/or Negotiation and
Acquisition of Parkland/Walkway and Bike path Easements
Affecting the Allan A. Connel, Jr. and Geraldine Connel
Property
Councilmember Schaaf, seconded by Kern, moved to approve the
Consent Agenda as presented. Carried 4-0 .
League of Minnesota Cities Leadership Seminar - Mayor O'Neal
distributed material she received at the Leadership Seminar. Any
questions regarding the material can be directed to Administrator
Robertson.
• ,
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. LLLIII
1835 NORTHWESTERN AVENUE
STILLWATER,MINNESOTA 55082
(612)439-2878
FAX(512)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118 SUSAN D. OLSON
MARK J. VIERLING DAVID K.SNYDER
April 3, 1996
MR KARL RANUM 1J 15
ATTORNEY AT LAW
104 NORTH MAIN STREET APR - 5
STILLWATER MN 55082
RE: Connel Park Acquisition
Dear Mr. Ranum:
I am in receipt of your appraisal that you obtained from Mr.
Remington. Pursuant to Minn. Stat. §117 . 232 I will advise the City
Council to authorize reimbursement for the appraisal fees incurred
up to $300 . 00 as you have proposed. That check will be directly
issued by the City of Oak Park Heights and forwarded to your
office.
Unfortunately, I cannot utilize Mr. Remington' s appraisal as
a basis of negotiation with the Connels in this matter inasmuch as.
Mr. Remington has neither noted nor has he accounted for the fact
that the area of the powerline easement is not buildable.
Nonetheless, he has assigned full value on a per square foot basis
for the powerline easement area as if it were buildable .
Consequently, the City will obtain its own appraisal on this matter
and proceed forward as time and process require that we do so.
Please advise us as to whether or not you will accept service of
the Petition for Condemnation on behalf of your clients .
Yours very truly,
Mark J. Vierling
MJV/smp
cc : Mr. Michael Robertson "
Mayor Barbara H. O'Neal
•
•
• • Enclosure 10
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-287B
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF SUSAN D.OLSON
MARK J.VIERLING DAVID K. SNYDER
Direct Dial (612) 351-2118
February 5, 1996
MR MICHAEL J ROBERTSON
CITY ADMINISTRATOR RNOTR
CITY OF OAK PARK HEIGHTS
P 0 BOX 2007
14168 57TH STREET NORTH °' 6I
OAK PARK HEIGHTS MN 55082
CITY OF
RE: City of Oak Park Heights OAK PARK HEIGHTS
Connel Park Acquisition
Dear Mike :
As you can see, the City has now received the Certificate of
Survey from Mr. Stack, I am asking that Mr. Stack' s bill be
authorized for payment and I, of course, have copied you on my
correspondence to Mr. Ranum.
My time table that I would propose to have this matter dealt
with would be for the City to complete its negotiations for
voluntary purchase from Mr. Connel on or before the end of
February, if Mr. Connel is not willing to conclude transactions
along those lines at that time, I would that I be authorized to
complete acquisition by way of eminent domain which, I believe, the
council previously authorized, but which I would like to have
reaffirmed at the 2nd meeting in February. There is also the need
to have an appraisal done on this property, but for purposes of
private negotiations with the Connels, I would prefer to see if we
could select a joint appraiser that everyone would agree with
before we go out and secure an appraisal for the condemnation
process, if that is necessary.
If you have any questions in this mat -r, p1-:se feel free to
contact me directly.
Yours ver ruly,
Maik J. Vier ing
MJV/smp
Enclosures
• •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
(612)439-2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G. GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118
SUSAN D.OLSON
MARK J. VIERLING DAVID K. SNYDER
February 5, 1996
MR KARL RANUM
ATTORNEY AT LAW
104 NORTH MAIN STREET
STILLWATER MN 55082
RE: Connel Park Acquisition
Dear Mr. Ranum:
Mr. Stack has now completed a survey with regard to the City' s
needs for parkland acquisition affecting the Connel property. At
the same time, I would propose that the City will rectify and
acquire that area necessary for the tennis court which is shown to
overlap upon the property as well .
It may also be an opportune time to meet with neighbors to
resolve the issues with regard to the southern portion of the
Connel property. One of the options that the City has before it,
it to basically acquire not only the walkway easements depicted but
the entirety of the area underneath the highline easement going to
the south of the Connel property boarder. That, of course, is an
option that the City is considering but I think it is appropriate
• that you and your client be aware that that matter is under
consideration. You will note that I have enclosed sheet 1 of 2 of
the Certificate of Survey completed by Mr. Stack, should you have
a need for the legal descriptions contained within sheet 2 of the
2, please advise .
Yours very truly,
el/
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson ✓v
Sheet 1 of 2 Sheets
CERTIFICATE OF SURVEY
. BARRETT M. STACK
STILLWATER, MINN. 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel. No. 439-5630
JOB N0: None
SURVEY MADEEXCLUSIVELY FOR: The City of Oak Park Heights , c/o Mr . Mark Vierling , Atty . ,
• 1835 Northwestern Avenue , Stillwater , MN 55082
DESCRIPTION: See Sheet 2 of 2 Sheets for overall and easement parcel descriptions :
NOTES :
Orientation of this bearing system is assumed .
o Indicates 1 /2" I . D. Iron Pipe set marked with a plastic plug inscribed RLS 13774 .
o Indicates iron pipe , found inplace as noted .
Note encroachments as shown and noted hereon .
Note description gaps and overlaps as noted hereon .
Proposed parcels and easements shown hereon are part of an overall parcel as described on
Certificate of Title No . 3188 , fee owner : Allan A. and Geraldine F . Connell .
The proposed permanent walkway easement contailns 2099 square feet , more or less .
The proposed temporary construction easement contains 2099 square feet , more or less .
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-327.4a- x 1 ` ! /{■ '_ dx 0± FR/V/yl I
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Fss'r' /ebt6s f Ov resuao MP.eV /i/f /i s lae. I ` !
G`r/L, e,02-.e:. Love. /rN0'.P, ,.+.r LINE /7 c.r, ime 4
/.R rr 'gN. oN 7A4/0 O.Fs.-/. 7 .
5 .c/.vs /✓o Esei oFE.,v.
DE�nve79. A/a. i/,,,o o,. I hereby certify that this survey, plan, or report was
.tts A/o.s3 repared by me or under my direct supervision and that
is soevwEO gam a duly Registered Land Surveyor under the laws of
aV 2`c.;. G.r"i✓z% ✓ .E'G -1 /✓�• .`-i MsNdM�Nnro the St* a of Minnesota. y
Q Q Date.. Re K'No 1-:2 3'�9.6
13774
9
ill
, LLAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1635 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
(612)439.2878
FAX (612)439-2923
LYLE J. ECKBERG GREGORY G. GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF Direct Dial (612) 351-2118
SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYDER
February 5, 1996
MR KARL RANUM
ATTORNEY AT LAW
104 NORTH MAIN STREET
STILLWATER MN 55082
RE: Connel Park Acquisition
Dear Mr. Ranum:
Mr. Stack has now completed a survey with regard to the City' s
needs for parkland acquisition affecting the Connel property. At
the same time, I would propose that the City will rectify and
acquire that area necessary for the tennis court which is shown to
overlap upon the property as well.
It may also be an opportune time to meet with neighbors to
resolve the issues with regard to the southern portion of the
Connel property. One of the options that the City has before it,
it to basically acquire not only the walkway easements depicted but
the entirety of the area underneath the highline easement going to
the south of the Connel property boarder. That, of course, is an
option that the City is considering but I think it is appropriate
that you and your client be aware that that matter is under
consideration. You .will note that I have enclosed sheet 1 of 2 of
the Certificate of Survey completed by Mr. Stack, should you have
a need for the legal descriptions contained within sheet 2 of the
2, please advise.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc : Mr. Michael Robertson
• • Enclosure 10
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K. SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAUL A.WOLFF - SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYDER
Direct Dial (612) 351-2118
February 5, 1996
MR MICHAEL J ROBERTSON
CITY ADMINISTRATOR @ 0
CITY OF OAK PARK HEIGHTS U5
P 0 BOX 2007
14168 57TH STREET NORTH F7 - 6 f _j
OAK PARK HEIGHTS MN 55082
CITY OF
RE : City of Oak Park Heights OAK PARK HEIGHTS
Connel Park Acquisition
Dear Mike :
As you can see, the City has now received the Certificate of
Survey from Mr. Stack, I am asking that Mr. Stack' s bill be
authorized for payment and I, of course, have copied you on my
correspondence to Mr. Ranum.
My time table that I would propose to have this matter dealt
with would be for the City to complete its negotiations for
voluntary purchase from Mr. Connel on or before the end of
February, if Mr. Connel is not willing to conclude transactions
along those lines at that time, I would that I be authorized to
complete acquisition by way of eminent domain which, I believe, the
council previously authorized, but which I would like to have
reaffirmed at the 2nd meeting in February. There is also the need
to have an appraisal done on this property, but for purposes of
private negotiations with the Connels, I would prefer to see if we
could select a joint appraiser that everyone would agree with
before we go out and secure an appraisal for the condemnation
process, if that is necessary.
If you have any questions in this mat -r, pl-=se feel free to
contact me directly.
Yours ver ruly,
Mark J. Vier ing
MJV/smp
Enclosures
• •
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
(612)439-2878
FAX(612)439-2923
LYLE J. ECKBERG GREGORY G.GALLER
JAMES F. LAMMERS KEVIN K.SHOEBERG
ROBERT G. BRIGGS THOMAS J.WEIDNER
PAULA.WOLFF Direct Dial (612) 351-2118
SUSAN D.OLSON
MARK J.VIERLING DAVID K.SNYDER
February 15, 1996
MR KARL RANUM {E C I5 OWE
��1
ATTORNEY AT LAW I ' +�
104 NORTH MAIN STREET
• STILLWATER MN 55082 FEB 16 1996
•
RE: Connel Park Acquisition
Dear Karl :
Enclosed herewith please find page two of Barry Stack' s
survey.
With regard to dealing with your appraiser as I mentioned, I
would suggest that you have appraisals prepared in the alternative,
i.e. , as follows :
(a) Appraise that area that the City wishes specifically for
bike/trailpath affecting your client' s property and the
area of encroachment of the tennis courts.
(b) Appraise the value of that entire area (subject to the
NSP highwire easement) from the North line of the NSP
highwire easement all the way to the South property line
of your client' s property.
• At this point in time, I would suspect it is the City' s desire
in order to deal with the multitude of issues on this property
•
between Mr. Connel and his neighbors and the City, that the City
•
would acquire the entirety of that strip of land lying between the
North line of the highwire and your client' s South boundary line.
I will withhold any action on my part ordering an appraisal of the
property pending receipt from you of Mr. Remington' s appraisal,
which I understand should be forthcoming shortly. As I mentioned
earlier, the City has a strong interest in acquiring this property
early for park development purposes in the spring of 1996 .
Consequently, we are anxious to conclude this matter.
Yours very truly,
Mark J. Vierling
MJV/smp
Enclosure
cc: Mr. Michael Robertson
Sheet 2 of 2 Sheets
CERTIFICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN. 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel. No. 439-5630
SURVEY MADE EXCLUSIVELY FOR: The City of Oak Park Heights , c/o Mark Vierling , Attorney ,
1835 Northwestern Avenue , Stillwater , Minnesota 55082
DESCRIPTION: All of the following described parcels are part of an overall parcel as desc .
on Cert. of Title No . 3188, fee owner : Allan A. and Geraldine F . Connell .
Proposed Description of portion of N-S-P Easement Contained in Cert . Title No . 3188 :
All that part of the South 225 . 00 feet of the Northeast Quarter of the Northwest
Quarter of Section 4 , Township 29 North , Range 20 West , Washington County , Minnesota ,
described as follows :
Beginning at the point of intersection of the northerly line of said South 225 . 00 feet
with the the easterly line of the West 332 . 00 feet of said Northeast Quarter of the
Northwest Quarter ; thence easterly along said northerly line 209 . 79 feet , more or less , to
the easterly line of that particular parcel as described on Certificate of Title Number 3188 ,
as the same is on file and of record in the office of the Registrar of Titles in and for
said Washington County , Minnesota ; thence southerly along said easterly line 223 . 35 feet ,
more or less , to a point 1 . 73 feet northerly , as measured along said easterly line , from
the southerly line of said Northeast Quarter of the Northwest Quarter ; thence westerly in a
direct line to a point in said easterly line of the West 332.00 feet of the Northeast Quarter
of the Northwest Quarter distant 0. 57 feet northerly , as measured along said easterly line ,
from said southerly line of Northeast Quarter of the Northwest Quarter ; thence northerly
along said easterly line to the point of beginning .
Parcel contains 1 . 0781 acres , more or less .
Subject to easements and agreements of record .
Subject to and together with any other valid easements , reservations or restrictions .
Proposed Public Walkway Permanent and Temporary Easement Description :
A 10 .00 foot wide Permanent Easement and a 20 .00 foot wide Temporary Construction
Easement , all for Public Walkway purposes , over , under and across all that part of the South
225 .00 feet of the Northeast Quarter of the Northwest Quarter of Section 4 , Township 29 North ,
Range 20 West , Washington County , Minnesota , the common centerline of both easements being
described as follows :
Beginning at point in the easterly line of the West 332 .00 feet of said Northeast
Quarter of the Northwest Quarter , distant 182 .00 feet southerly , as measured along said
easterly line , from the northerly line of said South 225 . 00 feet of the Northeast Quarter of
the Northwest Quarter ; thence easterly in a direct line , along said common centerlines , 209 . 93
feet, more or less , to a point in the easterly line of that particular parcel as described on
Certificate of Title Number 3188, as the same is on file and of record in the office of the
Registrar of Titles in and for said Washington County , Minnesota , said point being 186 . 00
feet southerly , as measured along said easterly line , from said northerly line of the South
225 .00 feet of said Northeast Quarter of the Northwest Quarter , said point also being the
end of the common centerlines being described . The sidelines of said Permanent 10 .00 foot
wide Easement , and the sidelines of said 20 .00 foot wide Temporary Construction Easement
being shortened or prolonged as to terminate on said easterly line of the West 332 . 00 feet
of the Northeast Quarter of the Northwest Quarter , and being shortened or prolonged as to
terminate on said easterly line of said parcel described on Certificate of Title Number
Subject to easements and agreements of record .
Subject to and together with any other valid easements , reservations or restrictions .
Proposed Tennis Court Encroachment Easement Parcel :
An easement for Public Tennis Court purposes over , under and across all that part of the
South 225 .00 feet of the Northeast Quarter of the Northwest Quarter of Section 4 , Township 29
North , Range 20 West, Washington County , Minnesota , described as follows :
Commencing at the point of intersection of the northerly line of said South 225 . 00 feet
of the Northeast Quarter of the Northwest Quarter , with the easterly line of that particular
parcel as described on Certificate of Title Number 3188 , as the same is on file and of record
in the office of the Registrar of Titles in and for said Washington County , Minnesota ; thence
South 01 degree 04 minutes 15 seconds East, assumed bearing , along said easterly line , 41 . 00
feet to the point of beginning of the easement being described ; thence North 89 degrees 39
minutes 32 seconds West 17.00 feet ; thence South 00 degree 20 minutes 28 seconds West 129 . 00
feet ; thence South 89 degrees 39 minutes 32 seconds East 20 . 18 feet , more or less , to said
easterly line of the parcel described on Certificate of Title Number 3188 ; thence North 01
degree 04 minutes 15 seconds West, along said easterly line, 129 .04 feet , more or less ,
to the point of beginning .
Easement contains 2398 square feet , or 0 .0551 acre , more or less .
Subject to easements and agreements of record .
Subject to and together with any other valid easements , reservations or restrictions .
NOTES :
Note 0 .28 ' ± description gap between the e ' ly . line of
the parcel described of Cert. of Title No . 3188 , and I hereby certify that this survey, plan, or report «as
the westerly l i n e of Reg . Land Survey No. 7 6 , which prepared by me or under my direct supervi' on and that
adjoins e ' ly . Fee owner of this desc . gap area not I am a duly Registered Land Surveyor under the laws of
known or ascertained in the course of this survey . the State of Minnesota.
( see Sheet 1 of 2 Sheets for details of desc . gap)
Date Jan . 23 , 1996 13774
Reg.No