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SAV94-04 . �„ CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VACATION APPLICATION FORM PROPERTY INFORMATION - site lan required for submittal; see attached �-' ( � � S� ��- Address: �. � � G Cc�� 7 1 � � Property Identification Number(PIN) I �.� C� Z4 � i d � ( 2 Legal description: , 1� '� Lot � Block � Tract/Addition �� 7�� T.egal description of easement to be vacated: � �- U� � Current zonin � ;�;�1-�� Square footage/acreage g: �� -� r � � - Reason for vacation:' Have you operated a business in a city which required a businesst cense? ., Yes No_�_ If yes, which city? If yes, what rype of business? Was that license ever denied or revoked? Yes No�_ FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME �--la N 1V �"�l��,t�fi�1C_ ADDRESS��L � {��k 1 C>�1»l�ll� �L G'1�'1� (�C DAYTIME PHONE�� SIGNATURE � DATE ( � PETITIONER INFORMATION NAME� �1,� T � ADDRESS 6 �- �1--� V� ` ! �� DAYTIME PHONE '��j� -I�1�-I SIGNATURE � �. DATE I Z q� Fee: $250.00 Permit SAV#�" Receipt# �O� y Application received by: Scheduled Planning Commissio date: � � � �;� �`.�- �� Scheduled City Council date: ` � �` .�� (, � y, CITY OF FRZDLEY PL�N RBVIBA CHECRLIBT B. Site Plan: Applicante for vacations must submit the legal description of the parcel (easement, atreet, etc.) to be vacated. 1. Property line dimensions, location of all exietinq and Com lete site proposed structures with distance from bo�ndaries, p plans, siqned by a registered architect, civil distance between structures, buildinq dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: A. General: 2• Grading and drainage plan showinq existing natural features (topography, vetlands, vegetation, etc.) as well as proposed qrade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. Legal description (certificate of survey may be required) 3. All existing and proposed points of egress/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existing and proposed median cuts', and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoninq and land use traffic flow, and traffic-control devices ( 7. Tabulation box indicating: 5. Landscapinq Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash enclosures (ii) Gross floor area of buildings 7. Location and screening detail of rooftop equipment (iii) Percent of site covered by building B. Building elevations from all directions (iv) Percent of site covered by impervious surface 9. Utility plan identifyinq size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of hydrant to proposed b�ilding (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Heiqht of all buildings and structures and number of stories � _ _ C�TY OF FR!DLEY FRIDLEY MUNIC[PAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 5543?• (6121 571-3450• FAX (612)571-I?87 December 23, 1994 TO Tn7HOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a vacation request, SAV #94-04, by Ceann Haluptzok, to vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2, Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, January 18, 1995 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7:30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3592. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than January 11, 1995. DAVID NEWMAN CHAIR PLANNING COMMISSION . , .�� >-(� L� " ! 7� Minnegasco has no facilities within the above described area and has no objection to its vacation. Thank you for the advance notice. � :*-----. �'��( �',�: c�-� �.�'�=-�- �'L Steven Von Barge Real Estate Specialist Minnegasco � � I � �� Ro `� `�' '� c'N, c'�, ad iv1� � � u~� 15es C.,�� , 1578 c u=) � u � 7671 7671 7661 ( �� ) � �� ( �� 1 ( f0 f � 7695 lu�) � 4f � 1624 ( 41 ) 1645 7651 76�p ( 4� ) 7651 7�p � � ) (tos) ( tu) ( tt�) � � ]�8 16 ( so1 � s� � � 3 7G?I 7630 ( �2 ) l�1 I S '�S i�i r w icra ii�I 76Z5 7600 � � � ( _� � � _� � �� c�� ; � �j � �u � 76th Avenue N.E. � � � '16t3 7614 ( f4 ) (��t) ( u I � ( ttt 1 ( �t�) (�1 (i�st�) (� ts s-. a� � � � 7585 � ,c�,Uu ( �sl ( �ot) ( u ) � � � n�� " � ��1 0 7581 75'!4 �� ` �� , � 'ti5 R" � ( „ 1 (u�)� -- � � , � � c c � (�� i �� f�) (�) � 7560 z -d 7547 ( i� ) a � � � -� � �� ( s� ) ( tt�) 7551 753! �p c�a ��1 a.�'� (��l � �� t �� 1 � a 7550 (w 7a35 � � u � (u�1 t +s 1 �� :� � � f��) � � �s � �!a 7� ?524 � �ui) � ��75ZS �'7�1 i u�) ( s ) (u�) ( to�� > > �� ?513 �� I � � � ( 4 ) c�f c�� c�� c'�a c�i c�, c�0� i�� c�� c� ( 6 ) 75th Avenue NE. � i i The property owner of 7580 Brigadoon Place N.E. has requested to vacate a small portion of the drainage and utility easement al�ng the south side of their property. If approved, this wfll vacate the portion of the easement where the garage encroaches. � LOCATION MAP SAV ��94-04 Ceann Haluptzok \- � ! � �� [Qa ; �1� ' c u,, c'�� c';;4, d �V1 � ises L�� 1578 c U2� t �+ ) 7671 76?1 7561 ( t� ) 16'�'9 ( n ) ( �o ) ( 133) � �� ( 131 J 1624 ( �+ ) 164b 7651 �64Q ( 41 ) 7651 7�p � � 1 (tos� c �u� � ��>> 1 �� i�s is � � ( 3 t ) ( 3 I � 12 � (�� ' ��1 i�1 rw itwt iG4Y � � ( u ) li� ) ( t�) �� {�� ; � �J � i�3� 76th Avenue N.E. 7fi13 7614 I (�) (rui�) � ( m 1 ( U4) ?591 1620 1$40 ( � � � ( J= � ( �� 3/ ) . � � ��1 � (�) � �� ( j 1 � � (u�s) � � 75'14 �� n , (7ii5) 0 �`" � ( K l (a��: ._ � .. 75'10 � a (�J ( �i 1 w `7�� t7563� ( m ) t�1 (�1 � 75so z -b 7547 ( t� } � ?�6 � I -� � �� ( t� 1 ( n�� ?551 7531 -� 75l8 �7549'� ( �� t ) ��0� ,a ( �� ) � � `�O �S � � N � �k�� s) �� ,s � 7525 ?�( �� t u�j �� u�) ( �a�� ( u�1 � s� 1 ?519 ?513 ( �� i � � � �� ( { 4 , (�) (�1 (�) (�l f�1 (�1 (�) �� 16l5 (�l (� ( 6 j 75th Avenue N.� � 1 The property owner of 7580 Brigadoon Place N.E. has requested to vacate a small portion of the � drainage and utility easement along the south side of their property. If approved, this will vacate the portion of the easement where the garage encroaches. � 12.os LOCATI�N MAP SAV ��94-04 Ceann Haluptzok � � I � I � ,� �� R� i c � � u�� cu� c�, d ; ises 1578 c u:1 � a� ) ('ii) ( �1�9� (�) (�) ,� 'r645 1 u�) � }� � iGL4 ( 41 ) 1646 7651 7640 ( 41 ) Y651 7650 ( �� 10°� ( �u) ( m) � � s�o � �1�� 13 7631 7G�0 �, � ( ti ) (104) I �u) ( n�) 7609 ]6Z1 1641 '�6't5 76pp ( t� 1 ( s� 1 f n 1 '�j 7� ( 13 ) (113) ��=a� c +�, 76th Avenue N.E. � r�o a� '�613 7614 ( �4 ) �tet ( ut 1 ( n+) � '�591 15L0 18l0 l :: ) � ( JS ) ( i1 ) ( 31 ) � � � � 7585 � � �7600� � ( �s } � �o�) � � � =j � �ui 1 0 75Q1 '�574 l t4 ) � �� l�) �'" � ( „ l (ue�: ,� � � (�) � t� � w � ( :e ) `'�, �� 7571' �� (�1 � '�a'i6 ,� =N �� ( s� 1 ( tu � 7551 7531 � � � �7547� � ( �� ) ( » ) (?�� ,� ( t� ) � �7541� (�il � +d � � � 7535 � � � � 7529 (ts�) ( �s � � � 7521 �� 532 � t j 1 (u�) (to�� (u�) ( a�i ) Iu�� 7519 ( �41 t��) �� (�1 (�1 l�l l�l i�l (�1 (�) `�� ]6!5 I�1 (� � � e � 75th Avenue N�. � i � The property owner of 7580 Brigadoon Place N.E. has requested to vacate a small portion of the drainage and utility easement along the south side of their property. If approved, this will vacate � the portion of the easement where the garage encroaches. I � � LOCATtON .�AAP � . � SAV �#94-04 Mailing List Mailed: 12/23/94 Ceann Haluptzok 2/ 10/95 Ceann Haluptzok Jack & Penny Broden Linda Seviola 7580 Brigadoon Place NE 7535 Arthur Street NE 7547 Arthur Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Dean & Leslye Bodem Rennaker/Nevala Thomas & Diane Working 7563 Arthur Street NE 7601 Arthur Street NE 7613 Arthur Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Alvin & Shirley Madison Stephen/Jeannette Hayden Strangis/Hanson 1460 - 76th Avenue NE 1474 - 76th Avenue NE 1490 - 76th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Jon & Margaret Strasser Scott/Andrea Strangeland Raymond & Paula Haynus 7508 Arthur Street NE 7516 Arthur Street NE 7627 Bacon Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Deann Sharp Ellwyn & Victoria Healy Walter & Leann Beneke 7613 Bacon Drive NE 7601 Bacon Drive NE 7600 Arthur Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gregory & Patricia Kline Terrance/Jackie Dingman Judith Meyer 7612 Arthur Street NE 7626 Arthur Street NE 7638 Arthur Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Lawrence & Cheryl Schatz Janet Cisewski Leo & Darlene Heyne 7528 Arthur Street NE 1559 - 75th Avenue NE 7550 Lakeside Road NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Patricia Leners Ray & Joyce Lassi John & Debra Kirk 7521 Arthur Street NE 7625 Arthur Street NE 7637 Arthur Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James & Marlene Krantz Darrell & Mary Zolnowsky Raymond Williams 7651 Arthur Street NE 7650 Brigadoon Place NE 7638 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 � . � Leonard & Madolyn Rence Kenneth & Patricia Olson Harold & Sharon Tieden 7628 Brigadoon Place NE 7614 Brigadoon Place NE 7600 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Daniel & Angela Richey Gary & Gail Brisbin Arnold & Anita Rosentha 7570 Brigadoon Place NE 7560 Brigadoon Place NE 7550 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Alfred & Nancy Yee Bradley & Cari Dennis Heinz Volker 7540 Brigadoon Place NE 7532 Brigadoon Place NE 7526 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Berner/Wolters Donald & Evelyn Dykhoff Susan Sweet 7630 Lakeside Road NE 7600 Lakeside Road NE 7590 Lakeside Road NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Lloyd & Clementine Mielke Calvin/Constance Thompson Mark Garfield 7580 Lakeside Road NE 7574 Lakeside Road NE 7531 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Stanley Radosevich Bruce & Ann Frederickson Alan & Jolene Johnson 7551 Brigadoon Place NE 7571 Brigadoon Place NE 7581 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 William & Mary Turnquist Thomas & Susan Anderson Robert & Joann McNeil 7601 Brigadoon Place NE 7613 Brigadoon Place NE 7625 Brigadoon Place NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David & Michelle Sampson Mark & Susan Nyvold Farrel & Winifred Maki 7631 Brigadoon Place NE 7651 Brigadoon Place NE 7520 Lakeside Road NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Lee & Sandra Desantell Jerry & Sandra Skog Kurt Jones 1525 - 75th Avenue NE 1501 - 75th Avenue NE 1545 - 75th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mary Anderberg David Newman City Council Members 7570 Lakeside Road NE Planning Comm. Chair Fridley, MN 55432 7635 Alden Way NE Fridley, MN 55432 � _ C��OF FRI DLEY FR[DLEY MUNICIPAL CENTER •643( UNIVERSITY AVE. N.E. FR[DLEY, MN 55432• (61 Z)571-3450• FAX(6l2)571-1287 COVER SHEET TO: �� `� FROM: Barbara Dacy, Community Development Director DATE: I �- c� � �--_- PAGES: (including cover sheet) � � � � . _ � REMARKS: Q�,/�Z� s Q��;� � � � i� �,� _ 1�� '- S �5� � -� -�x � �_ � -� � �� ?� �' �.-� � ...�� - � ,� � . 1`�/ �,� �`. f'1 -�f,n��.; ��°'�-��`��` �.�."�� .�j� � 4� _ � �� + y �� t f � �'' ....,_._ ,- 4f�, **If at 572-3590** � w- • _ � C�TY OF FRIDLEY FRIDLEY MUNICIPAL CENTGR •6�31 UN(VERSITY AVE. N.E. FRIDLEY, MN 55432 • (61'_1 571-3450• FAX (612)571-1287 December 14 , 1994 Ceanne Haluptzok TO BE PICRED IIP 7580 Brigadoon Place N.E. Fridley, NIN 55432 Dear Ms. Haluptzok: You requested that I write a letter to outline the easement vacation process and required fees to vacate a small portion of the drainage and utility easement along the south side of your property. On December 13 , 1994, you completed a vacation application form and provided the $250. 00 application fee. The Planning Commission will consider this item at its January 18, 1995 meeting. The Planning Commission makes a recommendation to the City Council as to whether the easement should be vacated. At the February 13 , 1995 City Council meeting, the City Council will establisfi a public hearing to consider the matter at its February 27, 1995 meeting. The City Council will conduct a public hearing on February 27, 1995 to solicit comment regarding the vacation. On March 20, 1995, the City Council will approve for first reading an ordinance to vacate the portion of the easement where the garage encroaches. On April 10, 1995, the City Council will approve the ordinance for second and final reading. At that time, the City will record a copy of the ordinance at the Anoka County Recorder's Office, at which point the portion of the easement will be officially vacated. Certified copies of the ordinance may be obtained from the City Clerk's office should your title company require it. The reason the process takes several' weeks is that the City Charter requires a public hearing to be conducted for vacation requests. Also, the City Charter requires that an ordinance be "read" at two separate City Council meetings; thus, the necessity to approve the ordinance on March 20 and April 10, 1995. - The cost to complete the process includes the $250. 00 application fee and whatever costs you would incur hiring a surveyor to / � � ` . Ceanne Haluptzok December 14 , 1994 Page 2 legally describe the portion of the easement which is to be vacated. On December 13 , 1994 , I contacted Randy Kurth of Kurth Surveying in Columbia Heights. He advised me that this cost should be less than $200. To conclude, I certify that you have initiated the vacation process by receipt of your application and fee as of December 13 , 1994 . The expenses that you will incur to complete this process should not exceed $450. 00. The process is expected to be completed in April 1995 . Should you or the title company have any questions, please do not hesitate to contact me at 572-3590 or Michele McPherson at 572- 3593.. Sincerely, Barbara Dacy, =_IC? Community Develop.lent Director BD/dw C-94-347 cc: Michele McPherson, Planning Assistant : � ti > _\ .�f!/"�// � �� A G R E E M E N T ��-'� � This Agreement, dated this day of _ �(T'_/ by and between , a single indiv referred to as "the owner") , and the City of Fridley (hereinafter referred to as "the City") . WHEREAS, the owner owns residential real estate in the City located at 7580 Brigadoon Place N.E. and is legally described as follows: Lot 7, Block 2, Blomberg Estates (subject to easement of record) . WHEREAS, said property includes a ten foot drainage and utility easement along the entire south property line; and WHEREAS, a small portion of the drainage and utility easement has been vacated to accommodate a garage whose foundation was erroneously placed within the easement; and WHEREAS, the City has agreed to vacate said portion of the drainage and utility easement allowing the structure to remain upon certain conditions. NOW, THEREFORE, in consideration of vacating a portion of the drainage and utility easement, Ceann Haluptzok, her heirs, successors, and assigns hereby covenant and agree as follows: �.�7 � i i i Haluptzok Agreement - Page 2 1. Ceann Haluptzok shall provide a legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Ceann Haluptzok shall provide verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. 3 . Ceann Haluptzok shall hold the City harmless for any injuries or damages to property by reason of her construction of a garage within the City's drainage and utility easement. 4 . Ceann Haluptzok, her heirs, successors, and assigns shall defend the City against any and all claims arising as a result of construction within the drainage and utility easement. The City may defend and charge the costs of such defense against Ceann Haluptzok, her heirs, successors, and assigns, and assess such costs against the subject property if adequate and timely defense is not commenced on the City's behalf. 5. Ceann Haluptzok, her heirs, successors, and assigns agree to promptly pay any sums due under this agreement. 1.08 , ' Haluptzok Agreement - Page 3 The City may pursue judgments to collect the amounts owing under this agreement, and if said sums are not promptly paid, the City may assess the costs against the subject property. CITY OF FRIDLEY By: William W. Burns Its City Manager �a��--I�a�ttg��-ok STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by �-e��-�txp�-$�k; a single individual. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by William W. Burns, City Manager of the City of Fridley. 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' '_....__ ._.. ....... .. .....__""_ � ' .✓ ._... .f.� ;:I�.. �c, T• ..[1.t...Li.. ...�. J w�� . .. . . . . , . ; ' � u r .`-`�`.•' _ " '':�� -L'� ... .� � �.. —. - � . „ , `" _ _' '` \ A SAV ��94-0� . . � Ceann Haluptzok . �� I - - - - - - - - - - --- - - - - - - -- - - -� �Q P�� - --____.-_ .. � - - - - - - - - -- - � - - - - - -- -- - - - - - - �' �(:c _ — . . . ' ' .- , • " i � . !f 7 i Rlv ' • a Q � _ < '• o - o � � J � : � U W O Z V Q 'R V " a � .'. �� < `. a _ � Z �n, n:e � + �� o 0 < „ �� Z �� r �� - �(��;,��' O � ; W o Q I I�' � � ti,. N �' � � a � � �� a �� r I �J W � �� W _ I � Z 7 : i� �1 � V �5 '� avE � I W ��• ' e 24 : ----- �2 � n o w ��R S JnivE � z fiRf510( o � ' < �. i � m r 1 � � . � . -- �'4 E E 7 ' r---�' - W t `�_'�Q �2. h W q -�D O M �, I z J r ;_ �j i 2 2 t2� u N J �_..__ _^ � A• Jf � � ---• -- - i �� 2� � � '? ;z avE --�_1 4 > _ W �wr, 3a.. . ��" _.E•'��-`. �e" �Z. an T � �a• � •� � .. �e" �a" ,Z• n.. � . i �2.. i2« ..I• . 21 �A , 1 a 2�` 12•' � 72N0. �y- � � �2.• PRIV4TE :+NE� Y 12� W W t r u , o . . I ( -- ^ �e.. L_J � r�� aoa-crv _.�v �F � , f� _ W 'l' ��F < ., y�hNEs ,a • � � . �� 12.08 �� , f,�, (\ � I \� �Sf r. ^------ �C]E�8�' I l� I �A 7C lE �D]� ��J 1E3�"]E�' ]Ei"�� CLl�.tyN. I�la.�--UP��01� KURTH SURVEYING. INC. I HEREBY CER7IFY THAT THIS SURVEY. PLAN OR kEPORT 40uZ JEFFERSON ST. N.E. YAS PREPAREO BY A1Y OR txJDER IAY D 1 RECT SURYERV I S I ON COLI�I A hIE I OHTS, I,N, 33421 M1D THAT I MI A DULY REOISTERED 1�1ND SURVEYOR UPDER �et7) 780-o70Y FAX I814) 700-7001 vs oF E ST TE qF uirr�� DATE ��C.i�, 1`Z`i� / .u�. scALE r ' - 2r>� I NNESO A REG i STRAT I ON NO.1..o z�a o � I RON MONUMENT �ovM� ��.i�C_1'"(.. ., Hl.l: i�N .'1¢� a`-tiiU1''�u`) �JRTUN� � 58�' SG1� 5�.�� ::� `-- -' 13-1 ,l j - - � � � � ~ �. 3 I � I�� ' �� ► � � � � �.- Q � ►_;1 �- � z J �r�--�--r-Tn—T � � \J ,= � ( 'v �� .�' ' I �� `J ;J �' ."� � � � r ,�� , � ► z � i� � �� a � `� ,�� --.— L � `f' J � � � � � 5 J� p - `��I p I CQ � � �..� � Q T ��f\ /_ �� L � ^ Q I ,�v, �- �� ' �/ J X� `� /\'!v� I � -) O � `i p� �'n , U`�.�� }- �� O f� \ ( I ti.i��t^�� O � /� �� I 2S •`I z,� �,� `�i%,,�� =�` � � \ + � 1 � ,� Z(o,� �°�L Sj � p - - _ -- - - , �<< -�-- - �/J -x"'_."�(_/'_._. ....._,x...Y_'-j�.�."\. __I ^l_ -_ _ ` _._ _ _ _ _�` // GNAIN �.�NF�. FC�UC,U �S I, . �>q,riiS � o.�' c`�aa-oc=��N� J � \ ��— K ---iF- r _ _._ -t��:� _ _ _ i> `_ I 2�,'l � O,L-1 1- - � \ `o /r Ci (I.'---- Q� f^ {� V�.�l ___'______'__— L.1/ ��0�� Sq� �� --� � �� J ---� / SURVEY OF THE SOUfiH LINE OF LOT 7, BLOCK 2, BLOMBERG ESTATES, ANOKA COUNTY, MINNESOTA Legal Description for Proposed Drainaqe and Utility Easement Vacation The north 2.8 feet of the west 30.4 feet of the east 63.9 feet and the north 1.2 ! feet of the west 25.7 feet of the east 89.6 feet of Lot 7, Block 2, BLOMAERG ESTATES, Anoka County, Minnesota. i �' SAV ��94-04 � � Ceann Haluptzok � � _ � . . � � �� - � � �. � � � � L � j `V � `' n 1 " -^ ' . � , . . . � _ � ---�, f 37. 1 �-- � ;L ��- �`J � I� W `\� ,�t R. � �`.'1\, �-- _ ` X�� , r._�� . � ' � W �- _� �t' v' ,, � 2�. �( 4 ~ - - - , � Z � `� • 3 �;, � ' � ~ � � . y � �' G � � � , �J - v o � � ' , }� , -'o -_ , ` c� CJ �� O r `� � �f j '_/� �t �+ - _, ; =� ``> � .� ��D � —f--� - - -4 � �J _ �� 1\ ' � '� (� �f� __.� � `': � '�7 � �i i ��, � I � Q - , � -- ' � l � _ rH ,./� �, �- ----- � `� , � f� U� � -� � �� ' a1�UM iN0 s W U\ - ' � � � � X ;� � �ss � .. ; �, � ^ � 1��1V` -' ., � .� t �� c �' 1 ' {� . � �c � - --- - -- - - Zc � - _ _ _ �#� ---- - � - a ASEMENT � � � - � -- - ; � � l --- ,3 �� _ci � i ` ; - � �' , � �J � ��vn � assume� . , �� U�� nfi. 3.04 � ENLARGED VIEW OF ENCROACHMENT �� - . _. . a�....... .. . .; .la. . _:r.; 2_ _ �v._ a. _,.t ;'�+ ... . � . _ ,. � .. � ..�_. . �:_.:._"' • � • .i.. ,. , ". -. _.r , . .,...::..�.. .. . . . . �� . . , .•.�.-, l�`i'�'.��_.:!j.' _ c ., _ . _ � 1 - 11 T . . _ .y.,,.�,�i. . � ' ---- - ------- � .. --__ .__ __ _. �L \ -- . , _ .._ �_ . _ SAV -��94=fl�+-- ___ __- ---- — � Ceann Haluptzok - - - - - � __ __ - - - - - - - - - --- - - - - - - -- -- - - - - - - - - - - �- - - - - : -- - - - -- - - • �1 - - _ �. � o�c--- �-- al O � .. � I� —�� ouivt Q , O -____.- "' �--.- ..�^ - I iy� �� V _.� �_-.__. ��I �� ;1 L O ] � t 1 i i: a o W � � / . 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TY IS NOi RESPCNSIBLE FOR ANY!N C/T Y OF FR/OL E Y ACCURACIES HEREIlJ CONTAINEO. 539/2 �� °� � 2 , �� ae,o•«r ��no. .�.o .�. .a i�� «�� G ' �AKE �� SPR�N NECORNER SEG./2 N � ER .• --��aa usi �e� (U �p�.. SE l . �. ---�;� B -E.�ko..; n. 4. ..., :-k•. 4 ' .n v .� u ry� ' „� "`�,wi. �'�'e% _ .oCI7Y It�1TS� so ,:,.,. U' � " "e .rsn �9� �� lii� tJ1z..° " �^�)r%t" e„ �r,l,; zi �'� i�, ,,,,"''\`�'�i ,s � M /O // W� � `p E l�l Z �K; ~ t � () ."� ~(9Jo'Z , 4 5 6 � B �j •�'�j7 l� �-- Q , �Z�;3� `.7 ';. �. �Z�SFRI EY i%� i 24 �30,�: 2i��zo i9 "ia �� ic° l�5 ,�� ;�elw)6 ��a'� Z��ny 3e ►�,:. ��KE�E�' •4�p '`� �e' ,�~-y_ ,a JDER ON - �, �� . o�.. � Y , ,>> , � � . .� .,, °�"�Zsr �'�;,u DRIVE � <l+'�is '� ��t � a�* c- _ ��9 c�pR� k'� K Yr� � ' '' Iy �a �� p�p �� > �i ��,, ,. �_ ::s ` �r) �f� ��> �� L�1 M7 �• � ��Y ;�C��¢ b`� � �"i�� .`�ie� . 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Npq.YE� P � 5J' l) �� . �°: 9 2/ _ .. . _M�7NOR w��WALNUT l� 3 �� 3su�B�ivislioN ��',/IM� --,�->-,�� _ � auo� '� " 7� , � �R. . . W `, D�T/ N �d � , 2r CGIT/ON° 'A � '22 24 26: 2g , B , ` ,z ,..o`- �. � � �,r �a � � ,_ , i , - , ax Y 35�� , 9<.�U�p�j �Z� S= ''Q* � ,F 8 : 'S, ��t,, � - � � �.. �� ;� - " '� . - :„i 7 �� ,.` 6�-- 7li)�G,> >> �+'• �;i� � I „ .., � � �o� 34 � � -- ��-, ' 73 1/2 Vc � � :. ;re� � � � �� '!'r�� .. � � , ��.� •,n' � �� 9 ' �, �I a e�pe`,��d�� ¢ r.xe�� `� ""', � � .� ,��}(�J i a � � 1 z i�" '� e�� _ Ss) i 'Q y t- � � ' � � �o i�., a o� � �,� ,�� ,, �� >„ �ESTATES ° �" Wj� ,k � .��i ,n j��t� . � �I,�;f •.�M �s�' F ..,,.. ' ° � 2�_, 2'3 :, 25 _ 2729 ,� ': ;3�„ ..• s.� , �� Ila`-' w.r,n Il l M �3i' � ..'� ��a � w� , �� I I ly�"� �s�" ��i � r;ue�r�i�,i�.>.� �' �� v N0. I 129� � .a i � i� F S 4 �pW: � I:, NO �a,�ri �n i1 l�'. �� C' I � <<2 �`,'.:/, � � �.= � .':- . 'L'."`-`"'- „ .-,+ i, � � In� _ - .l4� �Y'1 �M � I .. � .. . — _ . . � E//I COBN� ' � I1�E@ttifFY-�9�frTE-h1D++tGHWkY�I��--_u..----=«„� --�1lVE:--N:-�---- sec�z aCEN�EN IEC./2' / 13 14 I i�� I�� ROLAND W. ANDERSON COUNTY SUkVEYOR ANOIfA CWM�Y, AVNNFSOlA SAV ��94-04 tzok , �usuRe�H n,�,,,� ,�,�� ,ec,�e � NOINEERINO ',rn�r.raw��A1�nnrw a�55137 ��. iNc . _ -- — _ _ _ _ _ —._. - — _ __ . _ - - : - — - - — 'i � ��So � ,�n�c� R90661G � � ,, i ii �,q C ,: �. 6 1l�.n.��r•�;!nR�n�.�„n��.�,.. l..i��y�(,.ind�uri r�inR�l.u�d I':anrunR :,,tl s �. M..� .-.�in 5�.1,3' v�� , � . '� Certificate of Survey for (-�A.e,JAC I,ON'�! �� F . . � , � � , _��, \. ', I i � •, z s . i ! I j N 88'S9 53��W ' I - --�f 37.f 5 - � W � � �/ �p r N t i � �`� W � �y)fiIRE�lAC6 C�-X�o� �q I LL iW f � ,4S ��r� � d 26.3 _ bfA~--- � � ! J � '� a 5 � IZJa 9 � O � �V i � 1 U ' I � , � �� ' � � �' � � � I L O �P '.� Zd, ,� � Q� I `t ((1 `l�s u �'oo �- � SbD �-•�.,�-e--, I �N ; (� � ,�� _�4 a- �= 0 �' D 4 �o � � iv 0� , • 10.Z� ----1- I�o . ( �� o � � � iG I� , 156r I , � o„ &NM�S I -Z O 1 ,.,h 26J5 0 i ----; - --- -- ----- , - - 3- -_ � Q ; �I , � � , . . + , _ _ , , _ - s .�, � � � . ___.. . ._ q ..� , � ; _ !3 . _ - . nG �; ��3�� 1 � m �i - � � � i , � � i � i : � � ' ' � ZS j t' ' i � � -- - -— Bear�in,gs shown cxssumed. ° �eno�es `►ron umenfi. � � �inch �4�et cale�. ►—= 7 � ; Lo� �loc� 2 g�omber �s�a�es , , � , Anoka Covnty Minnesofia S�bjecfi to easemenfi reco�c�ed or unrecorded. i h�r�br c�rl�lr lhof tl�is i• 0 1ru• ond corr�tf iepr�f�n►afion o1 a •urv�y o1 th• boundari�� o/ �h• obov• d��cribad lond, and of tY�• locatio� 01 0ll buildinys,�h�r�on� ond aII ;N�¢�• e��roochm�nts� if onr, from o�•on said land. Aa w••�r�d br m• th�s I�_doy ol �,t_.`/ A.D. 1�� SUdURS�N �N NEERINfs', INC. tny�n��rK f� 30rwyon . � r� _ 1 L ��` ,' rr- y�� . � Not Publ�shed: All R�ghts Reserved �� 1 . r�../^ � �� . . . . . . . . . .� .�. . .,.�.. �.�.�....�.��..�. . . . . . . . . . � �.�, PLANNING COMMISSION MEETING, FEBRUARY 1, 1995 PAGE 3_ Planning Commission if the use or the name changes. MOTION by Mr. Saba, seconded by Ms. Savage, to close t�ae public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NL`F1MAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLO$ED AT 7:40 P.M. MOTION by Mr. Saba, seconded by Mr. Oquis�k,� to concur with staff recommendation that it is not necessary,�or the Planning Commission to take action; but in the ,alternative, if the City Council does want to take action, we �aould recommend approval with the following stipulations: 1. Vinyl slats shall be instailed for screening purposes. 2 . The fence shall be no higher than 8 feet tall as outlined by the Zoning Code. 3 . The sod shall be removed and replaced with class 5 gravel and a liner or barrier to protect the ground from leakage. 4 . This speci�l use permit applies solely to MAACO Auto Painting and Bodyworks. In the future, the special use permit- does not need to be reviewed by the Planning Com�,a'ssion unless both the tenant and the name under which tY3e� do business change. UPONlA VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED T�£ MOTION CARRIED UNANIMOUSLY. 3 . VACATION REQUEST SAV #94-04 BY CEANN HALUPTZOK: To vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2 , Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. Mr. Hickok stated the request is to vacate a portion of an easement along the southern property line at 7580 Brigadoon Place. The house was constructed in a manner that the garage encroaches 6 inches over the 10-foot utility easement along the southern portion of the lot. This was not identified as an issue at the time of construction. When the survey came in, it indicated the structure would be 10 feet from the lot line. Sometime between the approval and construction, the foundation went over the line. The petitioner has discussed this with staff. Staff has discussed this with the Engineering Department and determined the favored option would be to sign a hold harmless agreement to release the City from responsibility in the event crews must get in to do work. It was the petitioner's choice to have that portion of the easement where the home sits . i � w PLANNING COMMISSION MEETING. FEBRUARY 1, 1995 PAGE 4 vacated. In discussing this further with the Engineering staff, staff did an analysis to see if there was anything below that easement to determine the risk. There is an 18-inch storm sewer that runs down the easement. There is also an 8-inch sanitary sewer line but not in the same easement which reduces the risk somewhat. The Engineering staff would be comfortable with the vacation of this portion because the encroachment is only 6 inches. Mr. Hickok stated staff are requesting a legal description of the vacated area be submitted before the request goes before the City Council. This will allow staff to more easily identify where the vacated easement is located. Staff recommends approval of the request with the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. Mr. Saba asked, if the easement is vacated, what could happen if the City must dig along the sewer and it undermines the foundation to the garage. Mr. Hickok stated the petitioner was concerned about that, but as long as it was only 6 inches or less, staff felt they could work around that. The vacation is only along the length of the garage foundation. Mr. Saba asked if the City felt comfortable without a hold harmless agreement. Mr. Hickok stated he thought the vacation is the next step and, in lieu of the hold harmless agreement, it is the next alternative. Mr. Newman asked what utilities are there and at what depth are they located. Mr. Hickok stated there is an 18-inch storm sewer about 5 feet below the surface. Ms. Haluptzok provided Mr. Hickok with the legal description as requested in stipulation #1. She had no additional comments. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to the City Council approval of Vacation Request, SAV #94-04, by Ceann ♦ s PLANNING COMMISSION MEETING, FEBRUARY 1, 1995 PAGE 5 Haluptzok, to vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2, Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. , with the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. Mr. Newman expressed concern about the precedent the Planning Commission might be setting. However, the Commission has taken into consideration the depth of the existing utilities, the amount of slope and amount of work area needed to service the utilities, the fact that the amount being requested is substantially less than one foot and limited only to the actual area of encroachment which is the length of the garage foundation and not the entire length of the lot. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would review this request at their February 13th meeting. 4. CONSIDER RESOLUTION FOR EXPANDING REDEVELOPMENT PRQ��CT AREA, AND CREATING TIF DISTRICT #13 Ms. Dacy stated State law requires that the P rining Commission evaluate expansion of a redevelopment area nd the creation of a TIF district before the City Council ho� s a public hearing and gives subsequent approval. The Plan�xng Commission is to review the consistency between the Compre�Y'e'nsive Plan and what the proposed TIF district and redev�iopment area is to accomplish. Ms. Dacy stated the City has worked hard on the Southwest Quadrant. Recently, the City Council and the HRA directed staff to initiate the process to expand the project area to include the apartment buildings and relocate the tenants in order to enlarge the site and maximize the value of the development. Ms. Dacy stated she went through the Comprehensive Plan and identified pertinent parts. She recommends the Planning Commissi�n approve the expansion because, in her findings, it is consistent with some of the goals established in the Compgehensive Plan. There is no specific reference to the City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 27, 7995 at 7:30 p.m. for the pur- pose of: Consideration ot a vacation request,SAV N94-04, by Ceann Haluptzok, to vacate a amall portion of a drainage and utility ease- ment on the south property line o(Lot 7, Block 2, Blomberg Estates, in order to cor- rect a garage encroachment, generally located at 7580 Brigadoon Place N.E. Hearing impaired peroons planning to attend who nesd an interpreter or other per- sons with disabilities who require euxiliary aids ahould contact Roberta Collina at 572�500 no later than February 20,1995. Any and ail peraons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to thia item may be refened to tha Fridiey Community Development Department at 572-3592. WILLIAM J.NEE MAYOR (February 14, 21, 1995) Fridley Focus Newa • PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 27, 1995 at 7: 30 p.m. for the purpose of: Consideration of a vacation request, SAV #94- 04, by Ceann Haluptzok, to vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2, Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 20, 1995. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3592. WILLIAM J. NEE MAYOR Publish: February 14, 1995 February 21, 1995 r \ �] STAFF REPORT � Community Development Department Appeals CotYimission Datc Planning Commission Date : January 18, 1995 City Council Date : February 27, 1995 APPLICATION NUMBER: Vacation, SAV #94-04 PETITIONER• Ceann Haluptzok, Owner, 7580 Brigadoon Place LOCATION• Lot 7, Block 2, Blomberg Estates Subject to Easement of Record. Generally located on Brigadoon Place North of 75th Avenue N.E. REOUEST• To vacate approximately 6" of a 10 ' utility easement along the southern property line. BACRGROUND: site Blomberg Estates was platted in December of 1980. At that time, a 10 ' drainage and utility was recorded to allow an 8" sanitary and 18" storm sewer to cross Lot 7, Block 2 . During October 1983 , a building permit was issued for a home on Lot 7, Block 2 , Blomberg Estates. That permit was for a 48 'x 26 ' home with a 24 'x 26 ' attached garage. Attached to the permit application was a survey, modified by adding a simple inked-in sketch of how the home would sit on the property. The 10 ' easement was clearly illustrated on the diagram and a front yard setback dimension was indicated, but a dimension from garage to the south property line was not included. It is the contractor's responsibility to insure the home is to be properly constructed. An as-built survey was prepared by Suburban Engineering, once the home was completed. That survey indicated that the attached garage had been constructed in a manner that encroached on the City's drainage and utility easement along the entire length of the garage. The encroachment was identified as part of a title search when the petitioner was preparing to sell the property. , 1.04 � . Staff Report VAC #94-04, by Ceann Haluptzok Page 2 Staff suggested that the property owners submit a hold harmless agreement as a solution to the encroachment. This hold harmless agreement would indemnify the City of responsibility if the garage were damaged by utilization of the easement for purposes in which it was intended. The Title Company declined to pursue this option, opting for the vacation process as the "cleanest" option to rectify the title problem. Prior to application, the petitioner was advised about the necessity to have a survey identifying the precise description of the area to be vacated. **Stipulation** A leqal description of the area to be vacated shall be submitted to the City prior to recordinq the vacation at Anoka County. ANALYSIS On at least one other occasion a garage encroachment has caused a situation were the owners were required to provide an indemnification document to the City. In that instance a garage was straddling a 6 ' utility easement. Discovery of the easement came after that garage was in place. In the current situation the importance of the easement, combined with the request to vacate, has caused the Engineering staff some concern. Typically, when the combination of storm sewer and sanitary sewer lie within a 10 ' utility easement, all of the 10 ' would be required to provide the necessary space to make repairs on the utility lines. Therefore, their recommendation was to vacate only the portion of the easement beneath the garage encroachment. This vacation, though not ideal, will leave about nine feet six inches of easement. Other utilities, including the power and gas companies have been notified. As of yet, there has not been a response regarding this matter from those utilities. **Stipulation** Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recordinq this vacation with the Anoka County Recorder�s Office. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7 , Block 2 , Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1.05 Staff Report VAC #94-04, by Ceann Haluptzok Page 3 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. PLANNING COMMISSION RECOMMENDATION: The Commission concurred with staff's recommendation of approval with two stipulations. However, The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that if this request had been made for an area larger than the 6" (+/-) they would not support such a vacation. PUBLIC HEARING COMMENTB: The Public Hearing for this item was held on February 27, 1995. Virgil Herrick recommended that a hold harmless agreement be attached as a third stipulation. 3 . The Petitioner, her heirs, successors and assigns shall hold harmless for any injuries or damages to property by reason of the construction of a garage within the City' s drainage and utility easement. STAFF RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission and City Attorney' s recommendation and approve the vacation with the three, previously stated stipulations. 1.06 ` w i � Community Development Department � PLANNING DIVISION � City of Fridley � � DATE: Februar 8, 1995 II� y I T0: William Burns, City Manager �� i FROM: Barbara Dacy, Community Development Director � Scott Hickok, Planning Coordinator i � SU&TECT: Request to establish a public hearing to vacate a � portion of the easement at 7580 Brigadoon Place N.E. in order to correct a garage encroachmente i � While having title work done on their home, the residents at 7580 , Brigadoon Place N.E. discovered that their garage had been constructed approximately 6" over a drainage and utility easement ' that exists on their south property line. Staff discussed a hold harmless agreement as a possible solution to this encroachment. The homeowners opted to pursue a vacation of the portion of the easement that exists below the foundation. The City's engineering staff determined that there is an 18" ' storm sewer pipe approximately 5 ' below the surface. The hold harmless option was suggested once again by the engineering , staff. As an alternative, the engineering staff stated they would be in agreement with vacation of onlv the 6" (+/-) along the length of the garage. PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with staff's recommendation to approve the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by ' the existing garage encroachment subject to the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that i ��-�------ --- ---____ ----- _ i , . t Haluptzok February 8, 1995 PAGE 2 if this request had been made for an area larger than the 6"+/- they would not support such a vacation. STAFF RECOMMENDATION: Staff recommends that the City Council establish February 27, 1995 as the public hearing date to consider this item. 3.02 � w� � Community Development Department C� PLANNING DIVISION City of Fridley DATE: February 23 , 1995 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Public hearing to vacate a portion of the easement at 7580 Brigadoon Place N.E. in order to correct a garage encroachment. � While having title work done on their home, the residents at 7580 Brigadoon Place N.E. discovered that their garage had been constructed approximately 6" over a drainage and utility easement that exists on their south property line. Staff discussed a hold harmless agreement as a possible solution to this encroachment. The homeowners opted to pursue a vacation of the portion of the easement that exists below the foundation. The City's engineering staff determined that there is an 18" storm sewer pipe approximately 5 ' below the surface. The hold harmless option was suggested once again by the engineering staff. As an alternative, the engineering staff stated they would be in agreement with vacation of onlv the 6" (+/-) along the length of the garage. Originally, the petitioner submitted a survey describing the area under the overhang as well as under the foundation. Because the overhang would require a vacation of of 2 '-10", staff asked the petitioner to have the survey corrected to describe only the portion below the foundation. The petitioner agreed to do so. PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with staff's recommendation to approve the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies �2.�� . � '- Haluptzok February 23, 1995 PAGE 2 submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that if this request had been made for an area larger than the 6"+/- they would not support such a vacation. STAFF RECOMMENDATION: Staff recommends that the City Council open the public hearing to receive comment. SH/ M-95-130 12.02 � � [� Community Development Department � PLANNING DIVISION City of Fridley DATE: March 2, 1995 � TO: William Burns, City Manager� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: First reading of an ordinance to vacate a portion of the easement at 7580 Brigadoon Place N.E. in order to correct a garage encroachment. . While having title work done on their home, the residents at 7580 Brigadoon Place N.E. discovered that their garage had been constructed approximately 6" over a drainage and utility easement that exists on their south property line. Staff discussed a hold harmless agreement as a possible solution to this encroachment. The homeowners opted to pursue a vacation of the portion of the easement that exists below the foundation. The City's engineering staff determined that there is an 18" storm sewer pipe approximately 5 ' below the surface. The hold harmless option was suggested once again by the engineering staff. As an alternative, the engineering staff stated they would be in agreement with vacation of onlv the 6" (+/-) along the length of the garage. Originally, the petitioner submitted a survey describing the area under the overhang as well as under the foundation. Because the overhang would require a vacation of 2 ' -10", staff asked the petitioner to have the survey corrected to describe only the portion below the foundation. The petitioner agreed to do so. PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with staff's recommendation to approve the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies 1.01 , � 't Haluptzok March 2, 1995 PAGE 2 submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that if this request had been made for an area larger than the 6"+/- they would not support such a vacation. PUBLIC HEARING COMMENTB: The Public Hearing for this item was held on February 27, 1995. City Attorney, Virgil Herrick recommended that a hold harmless agreement be attached as a third stipulation. 3 . The Petitioner, her heirs, successors and assigns shall hold harmless for any injuries or damages to property by reason of the construction of a garage within the City's drainage and utility easement. STAFF RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission and City Attorney's recommendation and approve the vacation with the three, previously stated stipulations. SH/ M-95-137 1.02 � � � Community Development Department � Pr�vrnNG D�SION City of Fridley DATE: March 16, 1995 n. ,�r� T0: William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Second reading of an ordinance to vacate a portion of the easement at 7580 Brigadoon Place N.E. in order to correct a garage encroachment (SAV #94-04) . . Staff recommends approval of the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with staff's recommendation The Commission did express concern about setting a precedence and asked that the minutes reflect that concern and recognition that if this request had been made for an area larger than the 6"+/- they would not support such a vacation. PUBLIC HEARING COMMENTS: The Public Hearing for this item was held on February 27, 1995. City Attorney, Virgil Herrick recommended that a hold harmless agreement be attached as a third stipulation. 3 . The Petitioner, her heirs, successors and assigns shall hold harmless for any injuries or damages to property by reason of the construction of a garage within the City's drainage and utility easement. a copy of the hold harmless document has been attached for your 1.01 1 � Ceann Haluptzok March 16, 1995 PAGE 2 review. STAFF RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission and City Attorney's recommendation and approve the final reading of the vacation with the three, previously stated stipulations. SH/ M-95-172 1.�� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1995 PAGE 2 3 . ESTABLISH A PUBLIC HEARING FOR FEBRUARY 27 , 1995, FOR CONSIDERATION OF A VACATION REQUEST, SAV #94-04 , BY CEANN HALUPTZOK TO VACATE A SMALL PORTION OF A DRAINAGE AND UTILITY EASEMENT IN ORDER TO CORRECT A GARAGE ENCROACHMENT, GENERALLY LOCATED AT 7580 BRIGADOON PLACE N.E. . (WARD 2) : Mr. Burns stated that this request is to vacate a small portion of a drainage and utility easement at 7580 Brigadoon Place. PUBLIC HEARING SET FOR FEBRUARY 27, 1995. 4 . SPECIAL USE PERMIT RE4UEST, SP #94-20, BY JOHN WUCHKO OF MAACO ; AUTO PAINTING AND BODYWORKS, TO ALLOW OUTDOOR STORAGE OF'� MATERIALS AND EOUIPMENT, GENERALLY LOCATED AT 148 OSBORNE ROAD N.E. (WARD 3) : Mr. Burns stated that this is a request for a special use permit by John Wuchko for the outside storage of materials. He stated that Council approved a special use permit for MAACO on May 15, 1990, and one of the stipulations was that it applied solely to MAACO Auto Painting and �odyworks and could not be transferred to a future tenant without approval of the Planning Commission and City Council. He stat�3 that this Special Use Permit would extend the permit to the new owner of MAACO with no changes in the original stipulations. APPROVED. 5. APPROVE 1995 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRANT AND APPLICATION• This item was removed from the consent agenda and placed on the regular agenda. 6. APPROVE CHANGE ORDER' NO. 2 TO LOCKE LAKE DAM RESTORATION, PROJECT NO. 211• This item was removed from the consent agenda and placed on the regular agenda. 7. RECEIVE BID AND AWARD CONTRACT FOR ASPHALT POTHOLE PATCHER: Mr. Burns stated that the cost of equipment covered in this item, as well as in Items 8 and 9, is about $3 , 000. 00 over budget. However, bids were under budget for the dump truck, so the savings from the truck would cover the overage on these three items. RECEIVE BID AND AWARD CONTRACT FOR AN ASPHALT POTHOLE PATCHER /�' TO RUFFRIDGE JOHNSON EQUIPMENT COMPANY FOR $30,472 .85. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 13, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:43 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: � Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: � COUNCIL MEETING, JANUARY 23 , 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Councilman Billings requested that Items l, 5 and 6 be removed from the consent agenda and placed on the regular agenda. Mr. Burns, City Manager, briefly reviewed each consent agenda item. Mayor Nee asked for any comments from the public on the proposed consent agenda, and there was no response. MOTION by Councilwoman Jorgenson to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1. SECON� READING OF AN ORDINANCE UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (SOUTH 35 FEET OF 5720 POLK STREET N.E. ) (WARD 2) : This i�em was removed from the consent agenda and placed on the regular agenda. 2 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY l , 1995: � RECEIVED. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 , 1995 PAGE 9 school district. She stated that she is interested in obtaining input from seniors if they believe a senior center should be located in a particular school and checking available o tions. Councilwoman Jorgenson stated that she has discusse with the City staff the option of space at Islands of Peace but as not discussed this with the rest of the Council. She stated at she wanted the seniors to know that the City is checking al options and would be working with them on this issue. Mayor Pro Tem Schneider stated that e appreciated the seniors coming in this evening. He stated at he knows things sometimes do not happen as they would like but he would agree the seniors have outgrown their facility. e stated that the Council is aware of their concerns and will co inue to look at various options and as well as keeping them in lved in this process. Councilwoman Bolkcom s gested that perhaps a meeting should be held with the senior , the City Council, and the School District so that everyone i kept informed. Mr. Lester Coy , 6271 6th Street, stated that he has lived in Fridley sinc 1959. He stated that one of the complaints he has is when the have scheduled games and have as many as forty or more persons. ometimes the space they intended to use is occupied, and they en up in a small room which is inadequate for their needs. He fe that the Council should try to keep a senior center in Fri ey. He stated that a lot of seniors objected to the New B ghton site and would just as soon not have a regional senior center. PUBLIC HEARING• 12 . PUBLIC HEARING ON VACATION REOUEST SAV #94-04 BY CEANN HALUPTZOK, TO VACATE A SMALL PORTION OF A DRAINAGE AND UTILITY EASEMENT IN ORDER TO CORRECT A GARAGE ENCROACHMENT GENERALLY . LOCATED AT 7580 BRIGADOON PLACE N.E. (WARD 2) • MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8: 30 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request to vacate a portion of a drainage and utility easement at 7580 Brigadoon Place. He stated that this vacation request was a result of a recent title search on this property where it was determined that a portion of the attached garage encroached over a ten foot easement on the south side of the property line. Mr. Hickok stated that the petitioner asked what measures could be taken to correct this error, and staff's recommendation was for a FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 . 1995 PAGE 10 hold harmless agreement. He stated that the title company, however, was not interested in this solution and asked that the City consider a vacation. Mr. Hickok stated that the Planning Commission reviewed this vacation request and recommended approval on the basis that the encroachment be only for the six inches or so along the length of the garage. He stated that the petitioner had originally submitted a survey describing the area under the overhang. Because the overhang would require a vacation of ten inches to two feet, the petitioner was asked to have the survey corrected to describe only the portion below the foundation. Mr. Hickok stated that the Planning Commission also recommended two stipulations, which he outlined. He stated that the Commission had some concern about setting a precedent; however, because this was such a minor encroachment, they were comfortable with it. Mr. Hickok stated that in a review of this vacation request by the City Attorney' s office, they would like a hold harmless agreement, as well as the vacation. He stated that there is an 18 inch storm sewer located in the easement approximately five feet below the surface on this site. He stated that it is not common, but not impossible, that the City may have to access this area. He stated that if Council requires a hold harmless agreement, it should be added as a stipulation to this vacation request. Mr. Herrick, City Attorney, statad i:hat the City has no obligation to vacate this portion of the easement. He stated that in appro- ving the vacation, the City would be removing a "cloud" on the title. He stated that if the City has to do some excavating in the easement and in doing so the foundation of the garage sinks, he did not think that because the contractor misplaced the garage, that � the City should be under any obligation. He stated that it is his opinion that the City vacate the easement to clear the title, but in return, the City obtain a hold harmless agreement from the owner that would be applicable to the present owner, as well as future owners, in case the City has to do any work in the easement. He stated that he did not believe that the title company should be concerned with the hold harmless agreement. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8 : 37 p.m. 13 . SPECIAL USE PERMIT RE UEST SP 95-01 BY E N OIL PRODUCTS TO ALLOW CONSTRUCTION OF A MOT EHICLE FUEL DISPENSING SERVICE CONVENIENCE STORE AN AR WASH ON LOT 1 BLOCK 1 COMMERCE PARK GENERALLY LO ED AT 7600 LTNIVERSITY AVENUE N. .E (CONOCO� (WARD 3) : Mr. Hickok, Planning Coordi or, stated that this is a request for a special use permit to low the construction of a new motor fuel FRIDLEY CITY COUNCIL MEETING OF MARCH 6 1995 PAGE 2 PROCLAMATION: VOLUNTEERS OF AMERICA WEEK MARCH 5 THROUGH 1995: Mr. Burns, City Manager, read this procla ion outlining the services and programs of the Volunteers of A rica and declared the week of March 5 through 12, 1995 as Volu eers of America Week. Since no one was present to receive is proclamation, Mayor Pro Tem asked that it be forwarded to e appropriate persons. APPROVAL OF MINUTES: COUNCIL MEETING FEBR RY 27 1995: MOTION by Councilwom Jorgenson to approve the minutes as presented. Seconded y Councilwoman Bolkcom. Upon a voice vote, all voting aye, May Pro Tem Schneider declared the motion carried unanimously. APPROVAL OF OPOSED CONSENT AGENDA: Mr. Burns City Manager, briefly reviewed each item on the consent agenda. Cou ilman Schneider requested that the livestock license for tht F dley '49ers (C-R Pets) be removed from the consent agenda. 1. FIRST READING OF AN ORDINANCE UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #94-04 , BY CEANN HALUPTZOK) (WARD 2) : Mr. Burns stated that this is a first reading of an ordinance to vacate a portion of a drainage and utility easement at 7580 Brigadoon Place. He stated that there was an encroachment of a garage by six inches into this easement. The owner has agreed to sign a hold harmless agreement with the City. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 2 . ESTABLISH A PUBLIC HEARING FOR MARCH 20 1995 THE ESTA- BLISHMENT OF A SPECIAL TAXING DISTRICT F HE HARRIS POND TREATMENT PROGRAM (WARD 2) : Mr. Burns stated that the r ' ents abutting Harris Pond have been submitting annual quests for weed and algae treatment, and it has been s ested that a program be established. for this to be do automatically. He stated that if there is not a petition rom 100 percent of the property owners, a public hearing st be held on March 20, 1995. He stated that if 100 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 6, 1995 The Regular Meeting of the Fridley City Council was called to order at 7: 38 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider 1ed the Council and audience in th Pledge of A1legiance to the Flag. , - � ROLL CALL• MEMBERS PRESENT: Mayor Pro Tem Schneider, Counc' woman Jorgenson Councilman Billings, and Co cilwoman Bolkcom MEMBERS ABSENT: Mayor Nee Mayor Pro Tem Schneider stated that Mayor N e is recuperating after breaking several bones in his leg and ill be back in several weeks. CERTIFICATE OF APPRECIATION: MARY JANE SCHREINER PARKS & ECREATION COMMISSION: Mayor Pro Tem Schneider stated hat the City has several comm.is- sions and residents who serve on a volunteer basis making recom- mendations to Council in the area of their specialty. Mayor Pro Tem Schneider st�ted that Mary Jane Schreiner has served a number of years on th Parks and Recreation Commission, and he was pleased to present er with this certificate of appreciation for her services on e Commission from April, 1982 to January, 1995. � . Ms. Schreiner stat d that she was proud to serve on the Parks and Recreation Commis ion, and the City is fortunate to have Jack Kirk, Director of Rec eation and Natural Resources, on its staff. She stated that th Commission looked to him for input, both pro and con, so that ey could best serve the residents. She stated that the Commissi n has submitted many recommendations which the Council has not alw ys agreed with, but she was happy that the little brick structure n Riverview Heights Park would not be removed. Ms. Sch einer stated that she now lives in New Brighton, and that is th reason she left the Commission. She stated that she hoped to g t involved with the Parks and Recreation Commission in New Bri ton. � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 20, 1995 The Regular Meeting of the Fridley City Council was called to or er at 8: 38 p.m. by Mayor Pro Tem Schneider after a joint meetin ith the School Districts. : PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audienc in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Sc eider, Councilwoman Jorgenson, Councilma Billings, Councilwoman Bolkcom MEMBERS ABSENT: Mayor Nee Mayor Pro Tem Schneider state that Mayor Nee is still recup- erating after breaking severa ones in his leg but expects to be back shortly. APPROVAL OF MINUTES: COUNCIL MEETING RCH 6 1995: MOTION by Council n Billings to approve the minutes as presented. Seconded by Co cilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor o Tem Schneider declared the motion carried unanimously APPROVAI,�'`OF PROPOSED CONSENT AGENDA: � Mr. �tirns, City Manager, briefly reviewed each item on the consent agenda. OLD BUSINESS: 1. ORDINANCE NO. 1046 UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST SAV #94-04 , BY CEANN HALUPTZOK) (WARD 2) : Mr. Burns stated that this ordinance is to vacate a portion of a drainage and utility easement. He stated that as a result of title work by the owner, it was found that the garage was built six inches over this easement. H� stated it is recommended that Council approve this vacation, as the owner has agreed to sign a hold harmless agreement for any injuries or damages that may occur to the property as a result of this vacation. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 2 WAIVED THE READING AND ADOPTED ORDINANCE NO. 1046 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS• : 2 . FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 103 ENTITLED "DANGEROUS WEAPONS " BY ADDING SECTION 103 .06 "FEES " AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY AND AMENDING CHAPTER 11 "GENERAL PROVISIO AND FEES, " 103 , FOR FIREARMS: Mr. Burns said that the state statute authorizes mu 'cipa- lities to charge a $10. 00 fee for a permit to carry a eapon. He stated that this proposed ordinance would adopt his fee, along with an existing $25.00 fee, for a permit t discharge a weapon. He stated that a permit to discharge a lies to the testing or use of weapons for target practice. WAIVED THE READING AND APPROVED THE ORD ANCE ON FIRST READING. 3 . FIRST READING OF AN ORDINANCE REPEALIN CHAPTER 801 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY TITLED "CURFEW " AND ADOPTING A NEW CHAPTER 801 ENTITLED " URFEW: " Mr. Burns stated that this ordin nce repeals the previous curfew laws and establishes new ones. He stated that the ordinance also includes the le al definitions of terms and establishes new categories for outh under the age of sixteen and those sixteen and sevent en. He stated that the curfew for those under sixteen n Sunday through Thursday is 10: 00 p.m. to 5:00 a.m. d on Friday and Saturday it is 11: 00 p.m. to 5: 00 a.m. e stated that the curfew for those sixteen and seventeen on unday through Thursday is 11:00 p.m. to 5: 00 a.m. and on Fr'day and Saturday it is 12 : 00 midnight to 5: 00 a.m. Mr. Burns stated t t this ordinance is similar to one adopted in Hennepin Coun , and it is likely to be adopted by Anoka County. He sta ed that the goal is to have this new curfew in effect for e start of Project Safety Net. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4 . ESTABLI A PUBLIC HEARING DATE FOR APRIL 24 1995 FOR STREET IMPROV MENT PROJECT NO. ST. 1995-2: Mr. urns stated that Council should set a public hearing date f improvements on 68th Avenue and Arthur Street. PUBLIC HEARING SET FOR APRIL 24, 1995. City of Fridley ORDINANCE N0.1W6 AN ORDINANCE UNDER SECTION 12.07 OF THE CI7Y CHARTER TO VACATE STAEETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council ot the City of Fridley does hereby ordein as followa: SECTION 1. To vacate a smail portion of a drainage end utility easement on the south property line of Lot 7. Block 2, Blomberg Estates, in order to correct a garage encroachment,geaerally located et 7580 Brigadoon Place N.E. All lying m the North Half ot Section 12,T- 30,R- 24, City of Fridley, County ot Anoka, Minnesota Be and ia hereby vacated subject to the stipulations adopted at the City Councif meati�g oi Maroh 20,1995. SECTION 2. The said vacation has been made in conformance wilh Minnesota Statutes and purauant to Section 12.07 of the City Charter and Appendix C,of the City Code ahall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY OF MARCH,1995. WILLIAM J.NEE-MAYOR ATTEST: WIILIAM A.CHAMPA,CITY CLERK Public Hearing: Febtuary 27,1995 Firat Reading: March 6.1995 Second Reading: March 20,1995 (Merch 28,1995)Fridley Focus Newa ORDINANCE NO. 1046 AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2 , Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. Al1 lying in the North Half of Section 12, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of March 20, 1995. SECTION 2 . The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12. 07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY OF MAY, 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: February 27 , 1995 First Reading: March 6, 1995 Second Reading: March 20, 1995 Publication: March 28 , 1995 �; , _ CtTY OF FRIDLEY FRIDLEY MUNIC[PAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 23 , 1995 Ceann Haluptzok 7580 Brigadoon Place N.E. Fridley, MN 55432 Dear Ms. Haluptzok: On March 20, 1995, the Fridley City Council officially approved your request for a vacation request, SAV #94-04 , to vacate a small portion of a drainage and utility easement on the south property line of Lot 7 , Block 2, Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon Place N.E. Approval of this vacation request is contingent upon the following stipulations: 1. A legal description of the area to be vacated shall be submitted to the City prior to recording the vacation request at Anoka County. 2 . Verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. 3 . The petitioner, her heirs, successors, and assigns shall hold harmless for any injuries or damages to property by reason of the construction of a garage within the City's drainage and utility easement. If you have any questions regarding the above action, please call me at 572-3590. Ceann Haluptzok March 23, 1995 Page 2 � '�fice ely, Barbara Dacy, AICP Community Development i ector BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 6, 1995. Concur with action taken. ti � `t _ CITYOF � F[ZIDLEY FRIDLCY MUNIC[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-f217 COVER SHEET �� ,o-.,.v � • FROM: ,:�;�� 'J/Jr�� '`"�.�--i'' �'r� � i i / DATE: � y �s PAGES (Including cover sheet) : �' REMARKS : **NOTE�* IF ALL PAGES HAVE NOT BEE?� PROPERLY RECEIVED, PLEASE CALL SENDER. ` S�; ` S s ` "��42 STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT THIS AGREEMENT made and entered into this 30th day of September, 1991, by and between the City of Fridley, County of Anoka, Minnesota, a municipal corporation, hereinafter referred to as "City" , and , a corporation under the Laws of the State of Minnesota, hereinafter referred to as "Owner" . WHEREAS, there is an existing utility easement running north-south at or near the west line of Lot 3 , Block l, Parkview Oaks First Addition. (As noted on the attached corrected survey marked Exhibit A) . WHEREAS, the City issued a building permit in August 1967 for the construction of a garage on Owners property based on a survey not indicating the existing easement. The erroneous survey was dated November 9, 1962 and was performed by C.E. Coulter, Land Surveyor. WHEREAS, the Owner desires to construct a carport and canopy which will, along with the existing garage, encroach upon the above mentioned utility easement. THEREFORE, it is agreed the City will allow the existing garage encroachment and will authorize the construction of the carport and canopy encroachment. Said allowance and authorization being given upon the conditions and with the understanding that: 1) the above mentioned encroachments be subject to the rights of the City to use said property for the above described easement purposes, and 2) the City be released from liability for the constructed encroachments. FURTHER, IT IS MUTUALLY AGREED that should the above encroachments interfere with the use of said property as an easement for said purposes, the Owners shall be responsible for: 1) any additional costs, resulting from the said encroachments in the repairs, replacements, and maintenance of the utilities located within said easemenL, and 2 j any cosL oz reiocazion, repair, and/or repiacer�,enL of the above mentioned constructed encroachments, resulting from the repairs, replacements, and maintenance of the above mentioned utilities. BE IT FURTHER AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent Owners of the property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorder' s Office and made a part of and be binding upon the above-described property. IN WITNESS THEREOF, the parties have hereunto set their hands this 13th day of December , 1991 . . � , .� � a Mutual Agreement Page 2 This instrument drafted by: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 � by , its �� State of Minnesota ) ) ss County of Anoka ) On this ',`� day of jf � � ��-< �,.< , 1991, before me, a Notary Publi within and for said county, personally appeared II��„7i , to me personally know , who being by me duly sworn � did say that J;_., is the " �'� of the Orthodox Church of the Resurrection of Christ, Inc. , a Minnesota corporation named in the foregoing instrument, and said `;it_a_ acknowledged said instrument to be the free act and deed of said corporation. j , � � � , . ! ROB�RTA COLLy�f.g , , i'� .,• /� i ��r �. � �. /�._/.,_ -> �� NOTARY PUBLIC•Y9�tE90'TA v _ � L�}v, �wptu,�pt�tNTy Notary Public Mv co�.�p.or�.2t,tsss xrrm^rr-�----^^FvrvYrrv9wrirrwr� ��'" '�� '> City of Fridley ��J �!if'_,�'-�1s-vu._ �' � �,__ ��`�"�� William J. Nee �,%Mayor � i - _ ,� . _ William W. Burns - City Manager � ;.i • y r ♦ Mutual Agreement Page 3 State of Minnesota ) ) ss County of Anoka ) a On this j.. �r�` day of �:'-��-t'1?��,L-L-2_ ; , 1991, before me, a Notary Public within and for said County, personally appeared William J. Nee and William W. Burns, to me personally known, who being each duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and said William J. Nee and William W. Burns acknowledged said instrument to be the free act and deed of said municipal corporation. ; � � �.,��2 .� Notary Public e �� ROBERTA CGil1NS �.� NOTARY WBI.IC•IfPNE90TA � ANOiCA COUN7'Y 61r Cann.E�Oet!1.ti� r1►11�YririY� o;�,c�' . — - —- -- _— . � � C. E. COULTER & ASSOGIATES , INC. N �� JOHN A. PETERSON FRANK R. LENZ JR. � PROFESSIONAL REGISTERED SURVEYORS REGi3TERED IN MINNESOTA 8� WISCONSIN LICENSEO IN CITY OF MINNEAPOLI3 3300 LYNDALE AVE. S0. MINNEAPOLIS, MINN. 55408 TELEPHONE + 612- 824-0370 � � � ��9.49� � EXHI.BIT A , �--� ' _L ' �; _i I �.,, _� _ M � Te-6� , �DRb.11.1A66 8� Ll'TtLITY � EASEMENT M � � .1 , �'" M I n I � : �� Q � . � � _ �`'� J � �'� � I o � , ; � j � `� � � " I � �- �z , , . .� � ° � I t�- � �- �' � ni � � I F- Q . 3 . ; I- �� , . ', 6� � ` ! = NATNq y�AY ` ANE I hereby certify that this is a true and correct plat of a survey of: The West line of Lot 3, B1ock 1, PARKVIEW OAKS FIRST ADDITION, Anoka County, i:innesota and tne location of the �TLiii�y Ease:z2r.t ur.d garage o;� Lot 3 �.. relat�.o: to said West line of said Lot 3. I HERESY CERTIFY THAT THIs SURVEY, PLAN, OR REPORT WA3 PREPARED EY CUENT WAL'1'ER MAUREIZ I+IE OR UNDER MY DIRECT SUPERVI310N AND THAT I AM A DUI.Y REOISTEREO lANO SURVEYO NDER TNE � OF T ST Of MINNE80TA. J08 N0. 10,963 SCA�E 1" = 30' , ' � � BK./PG. 7?_8/3v SHEET 1 OF 1 DATE 2 REl1. N0. _ � � April 10, 1996 �� City of Fridley 13t1e Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 Attn: Michelle Re: Vacation Agreement 7580 Brigadoon Place NE, Fridley Our File No. 94-17680, 109740 Dear Michelle: This account has been referred to our office to obtain written authorization from our underwriter regarding the usage of their name on a Hold Harmless Agreement for a vacation of easement. First Security Title was authorized to draft the Hold Harmless Agreement in the name of Patrick J. Nolan, III, Vice President, Regional Counsel of Nations Title Insurance of New York, Inporporated. ; � i lf. i1 Ci �� L� � J , ie K. Kou al �; State of Minnesota) )ss County of Hennepin) The foregoing instrument was acknowledged before me this lOth day of April, 1996, by Julie K. Koukal, Priority Pro�ects Supervisor of First Security Title. x JENNY S.CAREY y � � � � NOTARY PUBLIC-MINNESOTA ` ' � ----� ' HENNEPIN COUNTY No� ry Pub c, State of Mi n sota My Commission Expnes Jan.31,2a�o , r � Patrick J. Nolan, III, Vice President, Regional Counsel of Nations �`i le Insurance of New York, Inc. , hereby agrees with the above st ement. ��c�►� ��L�� Patrick J. Nolan, III The forego, instrum nt was acknowledg�d before me this 10th day of April, 199 by t i � �:-- IZI, Vice President, Regional Counsel o��t � �'ff� 1 nsuran f New York, Inc. ' � ■ . '� HEATHER T.THOMPSON � Notar c, S in sota NOTAHY PUBLIC-r,��r.�csorn DAK�TA COUNTY 1� My Comm.Expires Jan.31 2000� . • ■ � Corporate Office 7550 France Ave.South •Edina,MN 55435 • (612)844-6200 •Fax(612)844-6322,844-6233,844-6244 Fiist SeCurity Title a division of Burnet Realty Inc LJ April 10, 1996 City of Fridley, Minnesota Fridley Municipal Center 6431 University Avenue Northeast Fridley, MN 55432 Attn: Mayor, City Council and Administrator Re: Garage Encroachment on Public Easement 7580 Brigadoon Place NE, Fridley, Minnesota Legal Description: Lot 7, Hlock 2, Blomberg Estates Our File No. 94-17680, 109740 Dear Ladies and Gentleman: The undersigned, authorized as an officer to bind Nations Title Insurance of New York, Inc. , in matters relevant herein, agrees on behalf of the Company to indemnify and hold harmless the City of Fridley, County of Anoka, State of Minnesota, from any and all claims arising as the result of an encroachment of a garage on the above described property into a public easement therein, and the vacation of a portion of that same easement for the purpose of accommodating, without claim, the location of that garage and excluding it from the public easement. Signed: Nati�ns Title Insurance Company , 13y: �� 11'��`�`-(�t�'._� ��`��. Patrick J. Nolan, III State of Minnesota) )ss County of Hennepin) On Apri1�10, 1996 Patrick J. Nolan III, Vice President , Regional Counse of Natio Title Insurance of New York, Inc. , on oath and under nalty o per�ury, did aign ar�d aoknowledge the above docum�i t a o truth of the matters contained therein. --, ■ - ` � HEATHER T.THOMPSON � NOTARY PUBLIC-MINNES07A Nota y Pub , S a e Minnesota DAKOTA COUNTY My Comm.Expirea Jan.31,2000� � ■ w � WINTHROP Fr WEINSTINE A PROFESSIONAL ASSOCIATION SHERMAN WiNTHROP 70N J.HOGANSON PAUL W.MARKWARD7' T[PFANY A.BLORlELD Attorneys and Counselors at Law ROBERf R.WEINSTINE SANDRA J.MARfIN JULiE WiDLEY SCHNELL NANCY L.MOERSCH RIC$ARD A.HOHL GARY W.SCHOKMILLER KR[SITN PECERSON LeBRE BEfH GERSTEIN 71MM ROGER D.GORDON 7'ODD B.URNE55 3200.Minnesota World'Itade Center pAT�CK W.WEBER AUDREY L.SANISLO S7EVHN C.TOURHK TTMOTHY M.BARNETT CRAIG A.BRANDT BENJAMIN R.MULCAHY STEPHENJ.SNYDER $COTTJ.DONGOSKE 30 East Seventh Street T4[CHAELA.DUPPY SEANP.KEARNEY MARVIN C.INGBER PEl'ERJ.GLEEKEL S81I1L PdUI,Minnesota S 5101 Jp�ygS W.DIERICING LAURA A.PFEIFFBR HARCKULLER EDWARDJ.DRENTTHL 1�lephone(612)290-8400 CA1'HERINEA.DOMINGUffi CRAIGS.KRUMMEN DAVID P.PHARSON JEPPREY R.ANSEL Fax(612)292-9347 THERESE M.MARSO CELESTE J.TAYLOR THOMAS M.HARf N LAUR[E A.KNOCKE MELISSA A.ARNDT DARRON C.KNUTSON LLOYD W.GROOMS 3000 Dain Bosworth Plaza SUZANNE M.SPELLACY aoxi�r n.icnrnrr MARK T.JOFINSON 60 South Sixth Su'eet CHR[STOPUER W.MADEL ERIC O.MADSON BROOKS P.POLEY TREVOR V.GUNDERSON K CRAIG WII.DPANG THOMAS H.BOYD Minmeapolis,Minnesota 55402 BLAIR A.ROSENTHAL �OSEPH S.BRIEDBERG MICfIELE D.VAQ.LANCO[7HI' DAN�L C.BECK 'I�lephone(612)347-0700 KAREN L.YASHAR ofCnansd DAVID E.MORAN,JR ERIC J.NySIROM Fax(612)347-0600 TRACI V.BRANSPORD DAIQIEL W.HARDY DONAI.D J.BROWN JOANNH L.MA'[ZEN MATTHEW T.BOOS afCounseJ Direct Dial �ptY� July 22, 1996 (612) 347-0641 Minneapolis Ms. Jennie Carey First Security Title 7550 France Avenue South Suite 220 Edina, MN 55435 Ms. Michele McPherson City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 Dear Jennie and Michele: With this letter, please find enclosed four (4) execution copies of the proposed revised agreement pertaining to the garage encroachment on the easement at 7580 Brigadoon Place N.E. in Fridley, Minnesota. Please sign each copy of the Agreement where indicateti in the presence of a Notary Public and return them to us in the self-addressed envelope enclosed. We will see that each of you has a fully executed copy for your file and that an extra copy will be delivered to the title company for filing of record. The fourth original is for Mr. Brucker's file. The only change from the draft we sent to you earlier is the addition of the final paragraph which allows execution in counterparts. . . Ms. Jennie Carey 7uly 22, 1996 Page 2 If you have any questions about the foregoing, please feel free to call. Very truly yours, WINTHROP & WEINSTINE, P.A. ____ ___, _ - �� ` . , ; ,, _ r.,. , ;__ Bi . .. . .•�__.. K' Y _ _ . \ ' 7oanne�: Matzen � JLM:peb:a�i.s:ssoss-i Enclosures cc: Robert Brucker (w/enclosure) WINTHROP $' WEINSTINE A PROFESSIONAL ASSOCIATION SH6RMAN WINTHROP JON J.HOGANSON PAUL W.MARKWAItDT ITPPANY A.BLOFIELD ROBERf R.WCINSTINE SANDRA J.MAKfiN Attorneys and Counselors at Law J�7ytE WIDLEY SCHNELL NANCY L.MOERSCH RICHARD A.HOEL GA76 W.SCHOKI �N_I?pR KRISTIN PEfERSON LeBRE BETH GERSTEIN 77MM ROGER D.GORDON TODD B.URNESS 3200 Minnesota World TYade Center p�ICK W.WEBER AUDREY L.SANISLO ST6VHN C.TOUREK TIMOTHY M.BARNETT CRAIG A.HRANDT BENJAMIN R.MULCAHY STEPHENJ.SNYDBR SCOTTJ.DONGOSKE 30 East Seventh Street MICHAEL A.DUFPY SEAN P.KEARNEY MARVIN C.INGBER PETER J.GLEEKEL Sd1IlI Pdlll,Minnesota 55101 JpMHS W.DIERKING LAURA A.PPEIFFER HARf KULLER EDWARD J.DRENTfflL �12P�1OI12�612�29O-H�OO CATHERINE p.DOMINGUEZ CRAIG S.KRUMMEN DAVID P.PEARSON JEPFREY R.ANSEL Fax(612)292-9347 THERESE M.MAR50 CELESTE J.7AYlAR THOMAS M.HARC IV LAURIE A.KNOCKE MEL[SSA A.ARNDT DARRON C.KNUTSON LLOYD W.GROOMS 3000 Dain Bosworth Plaza SUZANNE M.SPELLACY JQHN p.7{NAPP MARK Z JOHNSON CHRISTOPHER W.MADEL 60 South Sixth Street ERIC O.MADSON BROOKS P.POLEY TRHVOR V.GUNDeRSON K.CRAIG WILDFANG THOMAS H.BOYD IVlinneapolis,Minnesota 55402 gypQ�A.ROSENTHAL JOSEPET S.FRIEDBERG ofCnunsel MICH9LE D.VAILLANCOURC DAN[EL C.BECK �lephone(612)347-0700 KAREN L.YASHAR DAVID E.MORAN,JR ERIC J.NYSTROM Fax(612)347-0600 TRACI V.BRANSPORD DAMEL W.HARDY DONAI.D J.BROWN JOANNE L.MATZCN MATTHEW T.HOOS ofCounsel Dtrect vtar July 31, 1996 �ply� (612J 347-0641 Minneapolis Mr. Robert Brucker 7580 Brigadoon Place N.E. Fridley, MN 55432 Ms. 7ennie Carey Ms. Michele McPherson First Security Title City of Fridley 7550 France Avenue South Fridley Municipal Center Suite 220 6431 University Avenue N.E. Edina, MN 55435 Fridley, MN 55432 Ladies and Gentlemen: With this letter, we have enclosed an original Agreement relating to the property at 7580 Brigadoon Place N.E. in Fridley, Minnesota, which has been executed in counterparts by both the City of Fridley and Nations Title Insurance of New York, Inc. We trust that delivery of this Agreement will suffice to allow the documentation pertaining to the partial vacation of the drainage and utility easement to be placed of record. If you have any questions about the foregoing, please feel free to call. Very truly yours, WINTHROP & WEINSTINE, P.A. _.___) f . � , By _ ,�� r t �� , . �-- 7oanriej L. �a�zeri� J , - ,; JLM:peb;�rs:s9isa-i __ 7628-2 Enclosure AGREEMENT , / This Agreement dated this�day of � u-�C 1996, by and between Nations Title Insurance of New York, Inc., a �.�. corporation (the "Title Company") and the City of Fridley, a municipality under the laws of Minnesota (the "City") WHEREAS, the Title Company issued an owner's policy of title insurance to Robert Brucker, as the owner of certain residential real estate located in the City at 7580 Brigadoon Place N.E., legally described as follows: Lot 7, Block 2, Blomberg Estates (the "Property"); and WHEREAS, the Property included a ten-foot drainage and utility easement (the "Easement") along the entire south line of the Property; and WHEREAS, a sma11 portion of the Easement has been vacated by the City to accommodate a garage (the "Garage"), the foundation of which was enoneously placed within the Easement area; and WHEREAS, the City has agreed to vacate said portion of the Easement allowing the Garage to remain upon certain conditions. NOW, THEREFORE, in consideration of vacating a portion of the Easement, the Title Company, its successors and assigns, hereby covenants and agrees as follows: 1. The Tit1e Company shall provide a legal description of the area of the Easement to be vacated which will be submitted to the City prior to reporting the partial vacation at the office of the Registrar of Titles in and for Anoka County, Minnesota (the "Registrar"). 2. The Title Company shall provide verification of utility locations and acknowledgment of intent to vacate shall be documented, with copies submitted to the City, prior to recording the partial vacation of the Easement with the Registrar's office. 3. The Title Company shall hold the City harmless for any injuries or damages to property by reason of the construction of the Garage within the Easement. 4. The Title Company, its successors and assigns, shall defend the City against any and all claims arising as a result of the Garage constructed within the Easement. The Title Company, its successors and assigns, agrees to pay promptly any sums due under this Agreement. The City may pursue judgments to collect the amounts owing under this Agreement, and if said sums are not promptly paid, the City may execute those judgments against any property, real or personal, owned by the Title Company. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. CITY OF FRIDLEY i r , By• ��_fj' , �-�1� ' �', i.�., ��.��z>// William W. Burns Its City Manager NATIONS TITLE INSURANCE OF NEW YORK, INC. By: Patrick 7. Nolan, III Its Vice President, Regional Counsel of Nations Title Insurance of New York, Inc. STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996, by Patrick J. Nolan, III, Vice President and Regional Counsel of Nations Title Insurance of New York, Inc., a corporation, on behalf of the corporation. Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this<.�:_�'`�day of �:�k�.1' =�-i � 1996, by William W. Burns, the City Manager of the City of Fridley, Minnesota, unicipality under the laws of Minnesota, on behalf of the municipality. ,, ., , , , �% �j' , �^","FM�a�N � ,' t� .,�.�.r -,t_—� '1`iOBERTA S.COLLIN§ � .�: � �'��' � '` ": � fJOTAAY PUBUC-MINNESpTA Notary P 1C � ;�,�;' ANOKA COUNTY . M , Agreement, and if said sums are not promptly paid, the City may execute those judgments against any property, real or personal, owned by the Title Company. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. CITY OF FRIDLEY By: William W. Burns Its City Manager NATI S TITLE INSURANCE OF NEW YORK, INC. By: �.,�(!�V�,�1� Patrick 7. Nolan, III Its Vice President, Regional Counsel of Nations Title Insurance of New York, Inc. STATE OF ) ) ss. COUNTY OF ) , i The foregoing instrument was acknowledged before me this�day of � � , 1996, by Patrick J. Nolan, III, Vice President and Regional Counsel of Nations Ti e Ins rance of New York, Inc., a QaA) y� corporation, on behalf of the corporatio . � HEATHER T.THOMPSON � �' � �, � NOTARY PUBUC—MINNESOTA n �' ' ` ' , �i � � DAKOTA COUNTY My Comm.Expires Jan.31,2000 NO PUbll ■ • STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996, by William W. Burns, the City Manager of the City of Fridley, Minnesota, a municipality under the laws of Minnesota, on behalf of the municipality. Notary Public DRAFTED BY: Winthrop & Weinstine, P.A. 3000 Dain Bosworth Plaza 60 South Sixth Street Minneapolis, Minnesota 55402 (612) 347-0700 MPL.S:86991-1