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SAV89-03 �_,t�, Volume No. 196 � Certificate of Title DISTftICT COURT FILE No. � NO. e�2�2 . ;�, Tranafer from No. 57467 Originally registered the 27th day of March 1923 Volume 2 page 1 � ,�. State of Minnesota, } ff. REGISTRATION , County of Anoka ThiB is to certijy that cicy of Fridley, ie � ;P;� kp "` no�,u the ou�ner of an estate, to wit: in fee simple ` of and in the following described lcznd, situated in the County of Anoka and State of Minnesota, to tuit: � '� ;; � . Tracte, F, G, H� I, and J, Regietered L$n� ��r��-N��, 9� qccording to the plat � � �,., C1 �s ,, � : s :i t._, :�: ; �.: �� thereof on fi.le. anc� o� recard .�� thq; ��:�C� of-'tHe Registrer of Titles in and for Anoka CounKy, �linnesota. �..J :: i";?��`:��.J ... ::�� ;'' ;Y; •: ;�t' �,. �. � � � Subject to Utility and D�ai�,age 'Easements ae ehown on Plat Gena-Rae Addition I' filed as Document �36798 on the 25th day of September, 1961. The above-deacribed land ia owned for the purpose of maintaining the •ame ee park� recreational area and for other public purposea as aet forth in Final Certificate I filed as Regiatrax of Titlea Document No. 155525. (See Order pocument No. 174467.) � , .. ._.� RON��LD F. tiITYER� --.. . , LAND c�UROEYOR � � � � LANO SURVEYIN6 SUBDIviS10N DEe1GN 1 TELCPHONE 771-48BB .. , ^ � 1" + �� ST. PAU�.. MINN. 3�3101 �y l`�Q/ � 83 JE931E 5T. (✓ `-^�_ 0 � � I hereby certify that this survey was prepared by me and that i am o duly Registered Land Surveyor under the laws of the State of Minnesota. . .t�.�/�-,�"" // ��„ �• . Reg. No. 9051 Date: �rch 26, 1987 � � � 7. 00/�' ', ; , , , 35� , , �. . . � � `'. , , `� � . � � � `;; � , N , ' ��" ' 'l �� • ti � � ; E �p � 'i � �oe° L � � O c�� Q �o�S � ' � • � � ,, � �' �v �� Saales i "= 40 ' /7/ � S ' �� AN / , � � � � ��,�z � , I � �/ I I , '; 3 0� � E , ; , y. � , ,, `ho �g �P h � � h � ; � �� i � �, i � � , � � erea � E H and I Re ist a D � g .� � � Tract . , � � � � L an d Surve y N o. 9 4� A n o k a C o u n t y, (�3� �` Hinneaota. ; ,3� h P , , ,z P R i � � � E CR � Form No.28•NI—QUIT CLAIM DEED Mlnneaota Unftorm Conveyanclna Blanks(1978 Millsr-Dwit Co..Minnqpolis _._._. __ . _.. . . . . _ ... ,.._ . _ _ ___ _ . ._ Individual(s) to Corporation or Pertnership • No delinquent taxes and transfer entered;Certificate ' ' ` of Real Estate Value ( ) filed ( ) not required � Certificate of Real Estate Value No. • , 19 County Auditor � ; by : Deputy STATE DEED TAX DUE HEREON: $ none . � Date: /�E ��lZi.1.�/'�.Y �.� �� , 19�.. � (reserved for recording data) � FOR VALUABLE CONSIDERATION, �� • �sa and Donna Buksa, Husband & Wife ,Grantor(s), Imaritat status) hereby convey(s) and quitclaim(s) to itv of Fridlev � ,Grantee� , a munici�alitv under the laws of Minnesota , . real property in Anoka County,Minnesota,described as follows: ' A drainage and utility easemexit described as follaws: The north 10 feet and the westerly 10 feet of Tract C, Registered Land Survey No. 94. The City of Fridley hereby accepts the Zbave-mentioned easement for drainage and utility purposes. � ��-� SHIRLEY A. ALA = CLEF�fC (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. u�'l,� � � '�,�:�: . . '('.:�: ,�tarn n l ter�� Ga7%�/ �� / �r�/�o n�� STATE OF 1�III�YI�D��fbT�d ss. COUNTY OF ��Yct� ��t��c°l°�' The oregoing' stt�m ent was acknowledge before me th' �3�'�- day of � � , 1��, by � 7 Q-� J � � u�- 4 ' ' -_ ___ _.._ .__ .... ___ .. , Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) � �� /Q�� , . A O l �..A�(X.� i SIGNATUR.E OF PER80N TAKIN(3 ACKNOWLE�(3b18NT Tax St�tement� tor ths zeal Drop�rty ds�crlbed in thu 1n�truAtent�ould ' be unL to(Include name�nd addreu ot(irwt��): � My Commi:�ion Expires ticc tc, ly� I . __ ___ _ .------ ._---- ---_ . __ , THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS):i � City of Fridley � City of Fridley I 6431 University Ave. , N.E. � 6431 University Ave. , N.E. � Fridley, NIl�T 55432 . Fridley, N�1 55432 � ' ! � , i I ... . . ..__.. ... .. . .__ ._.__ ._..........__�_... ..._......_...._.�_._............._J Form No.28•M—QUI7 CLAIM QEED Minneaot�Unitorm Conveyancfn�Bl�nks(1�7� Millsr•O�vi�Co..Minn�epolit ; _.., ... _ . .. .. . .. . . . . . .. . .. I�dividual(s) to Corporation or Partnenhip . No delinquent taxes and transfer entered;Certificate � ! of fteal Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. • . , 19 � � County Auditor � . ; I by . ; Deputy STATE DEED TAX DUE HEftEON: $ None ' r � ' �. . Date: �L—��1I/�!z-� �� , 19 "[ � � : (reserved for recording data) FOR VALUABLE CONSIDEftATION, ��'d J. Kriens and Lor�lee M. Kriens, Husband and wife ,Grantor(s), (marital status) ' ' hereby convey(s) and quitclaim(s) to City of Fridley ; ,Grantee, a municit�alitv under the laws of Minnesota , real property in Anoka County,Minnesota,described as follows: A drainage and utility easement described as follaws: The sauth 10 feet of Tract B, Registered Land Survey No. 94. The City of Fridley hsreby accepts the above-mentioned easement for drainage and utility purposes. , /1� �.� SHIRLEY A. HAAPALA, C'ty Clerk (if mors space is naed�d,continue on back) together with all hereditaments and appurtenances belonging thereto. � ,—� � i�� i . . . ft "�'.;� �i,emr ilrt�� r STATE OF MINNESOTA ss. COUNTY OF Anoka The foregoing inst�nent was acknowle�lged before me this__�1L1�".�day oP , 1$�L, by 13.E 1:�v�/�v L� I-r'�"��.v.� � !�>>•� l�� /l'1. /�r��.�:s� _ , u.r,ha�i � �c� __._ __. . . .. __ � �Grantor(s). NOTARIAL 9TAMP OR SEAL(OR OTHER TITLE OR RANK) � � X��t��=4'�3�n�p��r�'��''w�`"��'I"��"�"�?'�`°`7w'y' � 3IGNATUREOFPEBSONTA 1N(iACKNOWLEDGMfiNT < /f'.. L t •�.r t•�' `�,' `� � '�"�<�` ' f r! � `�;:; j Tax Statement� tor the real Droperty de�cdbed in thfa imLrum�at�6ould �{�� !'� � i; � , . ,,`, k; be sent to(Include nune and addrew of Qr�nte�): ` x �� r;y.�,r.: . tir r?��'. 'C�, 19y A � k1rM�Pln►V'1P$'�?►��Y"�Y'S��f1'l'Yt°yY�'�'`�11�'�YY� i _ _._. _ ..---._......__�..._ ... ----.. . ....__ ; THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRE83):� City of Fridley � City of Fridley � 6431 University Ave. , N.E. � 6431 University Avenue, N.E. ( Fridley, MN 55432 i Fridley, N�T 55432 � � + . I l � .. ... _.---- . .. . . .... ..___......._.._...._._ _..._......,..�_.........._.__J Fo�m No.28•M—OUIT CLAIM DEED Minne�ot�Unitorm ConveYancint elank�(1�J7 Miuer-Devis Co..Minn�apoiis _ ___� _ _. � Individual(s) to Corporetion or Partnenhip . No delinquent taxes and transfer entered;Certificate � � of fteal Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. • , 19 County Auditor ; _ � by Deputy STATE DEED TAX DUE HEftEON: $ None �. � Date: �—��1��'�2 y �� , 19� (reserved for recording data) FOR VALUABLE CONSIDEftATION, �� A• ��ier, A Single Person ,Grantor(s), (marital statusl hereby convey(s) and quitclaim(s) to city of Fr�d1_gy ,Grantee, , a municipality under the laws of Minnesot� , real property in Anoka County,Minnesota,described as follows: A drainage and utility eas��nt described as follaws: The south 10 feet of Tract A, Registered Land Survey No. 94 The City of Fridley hereby accepts the above-mentianed easement for drainage and utility purposes. �O �� a�. SHIRL�'Y A. ALA, CI Q�2K (if mare apace ia needed,continue on back) together with all hereditaments and appurtenances belonging thereto. ��''��- � . � � , . ! �;�_ i�t;�n,�� fT�-rr� STATE OF MINNESOTA � ss. COUNTY OF Anoka � - �.. The foregoin instrument w�s acknowledged before me this�day of � /��Y , lg�r , by F�>F,'� �� E�i F2 - � ti'E �= c;' v �Grantor(s). _ __ __ _ __. ___ __ . � -- � _ _.._ , NOTARIAL STAMP OR SEAL(OA OTHER TITLE OR RANK) � ,,.� --�' �� :� � C�r---�-��-� � 7 _--:_-�-�'- - j 3IGNATUR&OF PER90N TAKIN(3 ACKNOWL8DOM8NT Tax St�tement� for the real proDerty d��cdb�d 1n th4 ln�trumtat�6ould CURTIS A. LARSON be�ent to(Include nune�nd addnu ot(3raat��): �„� NOTARY PUBLIC-MINNESOTA I ANOKA COUNTY � .�' My Commission Expires Dec. 15, 1991 _ _ ----.._. ._..__—..._ .......... _ ... ... � TH[S INSTRUMENT WAS DRAFTED BY(NAME AND ADDItEBS):' � � City of Fridley � City of Fridley � 6431 University Ave., N.E. I 6431 University Ave., N.E. Fridley, NN 55432 ! Fridley, N�T 55432 , � I � i i I _ �_ _.__ __ ._� Fo�rn No.28•M—�UIT CLAIM DEE� Minnewta Unitorm Convevanctn`Blanks(1978) Md1�rDavis Co..MinMapWif . . .._...___ _ . .._... ._., _. _._ . . .. _.. _ .. .. . ; Individw11s1 to Cotpor�tion . .' . . . w PKtnenhip �._.-. . i No delinquent taxes and transfer entered;CertiPicate �� . ' of Real Estate Value ( ) filed ( ) not required Certi�cate of Real Estate Value No. • , lg ; County Auditor � . � � � I by ; De uty � STATE DEED TAX DUE HEftEON: $ None � - Date: f ��r12 y /(;,�rr{- , 19 �-�-,,' � (reserved for recording data) j FOR VALUABLE CONSIDERATION, Richard T. Brickner, A Single Person . ,Grantor(s)� Imarital statu� hereby convey(s) and quitclaim(s) to City of Fridley � , Gtallt�� : a Municipality under the laws of Mi.nneso a � real property in Anoka County,Minnesota,described as follows: A drainage and utility easem�nt described as follc7ws: That part of Tract D, Registered Land Suzvey No. 94 lying northerly and easterly of the follawing described line. C�ncing on the northwest corner of said Tract D; thence south along the west line of said Tract D a distance of 35 feet to the actual point of beginning. Thence, deflect t�o the left in a northeasterly direction 135 degrees, 00 minutes to a point on a line 10 feet south of, and parallel with, the north line of said Tract D; thence east along said parallel line to a point on a line 5 feet w�st of, and parallel with, the easterly line of said Tract D; thence sout�:Frly along last said parallel line to the south line of said Tract D and there term�nating. � The City of Fridley hereby accepts the above-mentioned easanent for drainage and utility purposes. , (ii more space i:neoded,continue on back ' ' � togethA•with all hereditaments and appurtenances belonging thereto. SHIl�'Y A. ALA — y Clerk ��;�?�_� � l�J.�,��,�►-��-� �i i:�. i�: �r; �i'av. ;;iam� f I�:r,, STATE OF MINNESOTA � ss. COUNTY OF Anoka T/� � The foregoing instxument was acknowledged bef re me this �� ` day oP �'��'�'��y , 1��, by ,�l cHfhct7' 7`- ,t'3,F'/c//�£� � /� <S�ti�C�� E,r�o,c� .__ ____.. . ._.. .. . ._.__ . �. � Grantor(s). NOTARfAL STAMP OR SEAL(OA OTHER TITLE Ott RANH) l �` . � � C/�� t ISIGN RE OF PEfi80N TAKIN(i ACKN LEDdMBNT ,.r••-.;;., CLYDE V. MORr>VETZ � T�x State ants tor the resl property de�erlbed n th4 tn�trum�at sbould 1� NOTARY PUBUC•MINNESOTA . be�ent to(Include nam�and�ddr�u of Orant��): ANOKA COUNTY � tdy oams E�.,lan.a�t.t s�a � City of Fridley . .... .. . ..._......_.___.____...._._...__... ........_. .....__ . 6431 University Ave., N.E. i _... ._.._. _.._._--.----_....._____..__..__._.___......_.." .�. _.......� Fridley, NIlV 55432 � TH33 INSTRUMENT WAS DRAFTBD HY(NAMS AND ADDR.E98):i i City of FYidl.ey I f 6431 University Ave. , N.E. I ; Fridley, N�I 55432 i � i I � .. ... _ I Quit Claim Deed � � Cor oration to Individual P No delinquent taxes and transfer entered; Certificate of Real Estate Value O filed ( ) not required Certificate of Real Fstate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: THIS PROPERTY ;'; IS EXEMPT FROM THE PAYMENT OF STATE DEED TAX PURSUANT TO M.S.A. SECTION 287.22 Date: T--'5--�,1.=;i`t,;,:Z,� y �'7 , 1989 FOR VALUABLE CONSIDERATION, the City of Fridley, Minnesota, a Municipal Corporation under the laws of Minnesota, Grantor, hereby conveys and quitclaims to Robert G. Buksa and Donna Buksa, husband and wife, Grantees, real property in Anoka County, Minnesota, described as follows: Tract G, Registered Land Survey No. 94 . Subject to a Drainage and Utility Easement in favor of the City of Fridley for the following described land: The Westerly 10 feet of Tract G located in Registered Land Survey No. 94 . Subject to reservations, restrictions and easements of record, if any. together with all hereditaments and appurtenances belonging thereto. THE CITY OF FRInLEY, � � � � �-- � �`\� B y: C/�✓ , William J. Nee Its Mayor BY: (if. / e.�et�' Shirley A. Haapala Its City Clerk STATE OF MINNESOTA) ) ss. �K. CO(JNTY OF ANOKA ) �� The foregoing instrument was acknowledged before me this 1� - day of I. !-f��'�'��-'i' , 1989, by William J. Nee, the Mayor, and Shirley A. Haapala, the City Clerk, of the City of Fridley, a Municipal Corporation under the laws of Minnesota, on behalf of The Corporation. ; �, � i % . i ' �', ji -�-€' �"= - :�� G�ZICtir , � ,.��•.;�, CLYDE V. MORAVETZ Tax Statements for the real ro ert s+ ,• �dOTARY PUBUC•MfNNE30TA P p y ANOKA CaUNN described in this instrument should nayco'""'.�•,�"•�4.issa be sent to: Robert G. �3uksa Donna Buksa THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 I Quit Claim Deed • � Corporation to Individual No delinquent taxes and transfer entered; ' Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County �uditor by Deputy STATE DEED TAX DUE HEREON: THIS PROPERTY IS EXEMPT FROM THE PAYMENT OF STATE DFED TAX PURSUANT TO M.S.A. SECTION 2$7 .22 Date: /-`�I_h'I�'l�'��c y l A� , 1989 FOR VALUABLE CONSIDERATIOIV, the City of Fridley, Minnesota, a Municipal Corporation under the laws of Minnesota, Grantor, hereby conveys and quitclaims to Richard T. Brickner, a single person, Grantee, real property in Anoka County, Minnesota, described as follows: Tracts H and I, Registered Land Survey No. 94 . Subject to a Drainage and Utility Easement in favor of the City of Fridley for the following described land: The Easterly 5 feet of Tract H and the Southerly and Southeasterly 15 feet of Tracts H and I . Al1 located in Registered Land Survey No. 94. Subject to reservations, restrictions and easements of record, if any. together with all hereditaments and appurtenances belonging thereto. THE CITY OF FRIDLEY, � By: ,�,��.� �� --- William J. Nee Its Mayor BY: �, , Shirley A. aapala Its City Clerk STATE OF MINNESOTA) ) ss. COTJNTY OF ANOKA ) y�The foregoing instrument was acknowledged before me this �) J - day of f'��%"�n�'Z'�If-'y� , 1989, bv 4ailliam J. Nee, the Mayor, and Shirley A. Haapala, the City Clerk, of the City of Fridley, a Municipal Corporation under the laws of Minnesota, on behalf of The Corporation. '.�'.; ' r f. �;'y �i � /J,C/ �� t ''' � / i ,.�••��. CLYDE V. MORAVEIZ Tax Statements for the rea property !'�l�f; ^lC7TARY PUBLIC•MINNE^aOTA �yt� � ANOK/� CpUN�y described in this instrument should �c=�.•�.., ..J�.. aa,�s� be sent to: Richard T. 13rickner THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 SAV ��89-03 City o idley '�� 2 SEC. /3, T. 30, R. 24 C/TY OF FR/OL EY 13 � iz i i N/ C q ia f � io So'..vy��,-�t-�--,w--;�rr't-rei--�F+�� •..r ' - - � � 1� � �' I � '__. A '�._' CJ, / ) !C I -- N`-� � rl6 I� I�Q 'I' �,, .� ri� = y a�c ,:Cn �(� . zl J �� • x 8 �9 20 , � -� �;l r.�i `� ;; LJ �Z^ � � ' �� '(od' � I as.i ::: ' Cµ."> , I Q rw�_ _ ' �� h `�: � �9 I�hr Ow k. ;.iu> CA aw.. -- °p � 'I (�s,1 erI y�. C � (7zo) '- ��V .- �E O p #' � wE I (a � 3�0� 0 y . � L---��4E � ee.wr6... Y �� !.l �.r� w ela �___ �a� " - B � 'd ��o� �� I GE � ~r— 3 P�G� t�' � i i �s.-,,. "`� � ;.1N� .ko/ Gj�� ; � � � r_ e � J 4 R � n� .� lo ru (� � a� E Qlv ,» A� �.J l{'� n.I a.. o�mo) _ o M6�Ma4w�F G:fj '+i r SlM1JML.whrJ �� s L/s G ROAO f —M��— - i r /�. �.�.ii� .;.:e, ( � \O � � �.:... y �� - ; 2 3 ��:'o; <K� � �� -- -µa- - �� - -��*' - REE�•, `�:;:'.� ( �h r N.w / � � V �N3 �� 47J 4� GR <<a, I o� a�d R1� "' ,�, c;r�w f.�r.y I �� / P :� �.sl 4 K /:w. ,i/ i 41R � o��r � ,y,o,.ry ,F 4 ,,, RI� �rcT p i ., Pp ; �,�5 I . �� .� sr`� ?� 4�„�� $s;_� � � o` Ri � � � r F �'l;�,4 --� �` e~`• . � f /c.f � j .� � �g t��/ i• ....n s..n,�a. �lsl I 2 �rT � �J,� irpJ � � � w• _i .i i..oil ��C° IC�ee,(' � =,N J ° z9� 1Fiq � ' fYJ � 40 4E�> ' � ` ..ry,i � r,N +� `.. � ... ,,, ^ n+ v; �il: � �'a =Ct� .zewi � 3 t Z7 G �,.� r,a n 4 t 'i• �� ;* " i i.y�, 3C') � 3�'� +/«i �.y � _'�i� ..z� � S ��+ro) /sC) .. �� l -� j� � r„�fry ti� (rvl6 ar 4� - z r f d 6(rVl �i.yoJ 0� I F K��Y `` 7 c- 3 s � z',, .s''„ ' �4,y ^ � s I7 ztl�l � 2 8 �c� \ ��- 9 r c� rr� ¢n Gn� V i':� p `"sa' �t a 1' ' � ' 2 � 6uI � � 0) �� bY O�J CM O � V � ' -� . `� „ 23(^) 9(r) �t f • o•«i bq 4 ---- - :r .� �'�` ! t,r z� io z /o/A)� /o A7 J� (� ih'�P. b-., z° )// 1�. � 20 % // 1 i) ♦ � �!� `J 4 O (�M) ��f.f� � w.n� o !M I N I'9 Z�� _ /2�Iq /1.1�) � � (s� t�'°� �ew -.Aai <'g466TH AVE. 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M i ,f � « � zs >.�,f i Wzs ,c > fl�1 �� :+ i t � za � Q Z� , � W , /i� 4L�' r� hoy b zW� � CR K�PARK LN. �~e� , t n:,` °' '"� Y � � � � ��i .. . _....,_ ��- eM o .�:3 e�, o. �, 7 .��tl y w �' J O � z y i z zr �� OC : /OM� S�- � �3� r;,�, - ��M, : Op �� Q . t i„ � i fi,.� z ►h �ia � a ��z, i.i�o �` �-r.� ► 9�� e M� 'i i.�� r �� !V IM. Y. 2 ?'� �.. �� ar � �� - �- �i � zo ii �i � I � i �- r-Q NI �• o�=�i a�S � � F/2 I 1/9. iz h1i /z/� .;at9u� 7l.'��u� �6 w� '�0�� RL.£ 27 � �� N.+S a/�� / � =2 i� a�w,..� ."J �/7h9 i3 i is . i� v►i �K�� .i - .- �C-- s.r, i . (M�;B C9 'a �c �v ^'�a �/f 19,v� (� � s iJ ir ... � � ... ... . � -..��. � .: . . _. �� R -'-R - ' ' t', . �frF.-A�B-+1W1�"N6t�A6--�- � EN f S � EC./ � 13 14 15 LOCATION MAP . • City of Fridley 6/27/89 SAV ��89-03 MAILING LIST Planning � City Council Gary Phillips Jon Phillips Grace Larson 6519 Central Avenue N.E. 1361 Creek Park Lane N.E. 1340 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Curtis Loschy Robert Gambrel Chock Huie 1399 - 66th Avenue N.E. ]341 Creek Park Lane N.E. 1328 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Roland Zacharias Andrew Kwong Robert Burdick 1387 - 66th Avenue N.E. 1321 Creek Park Lane N.E. 1316 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Bridgeman Leonard Harff Douglas Nyberg 1375 - 66th Avenue N.E. 1311 Creek Park Lane N.E. 1376 - 66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 •Alan Kauffman Harry Erkenhbrack Joseph Menth 1363 - 66th Avenue N.E. 6537 Central Avenue N.E. 1388 -66th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Jane Hoppe Jeffrey Halvorson Gwen Ostlund 1351 - 66th Avenue N.E. 1661 Camelot Lane N.E. 1400 - 66th Avenue N.E. Fridley, MN 55432 Fridley, NIN 55432 Fridiey, MN 55432 II Walter Peterson Kurt Creager Camilles Parks 1339 - 66th Avenue N.E. 1360 Creek Park Lane N.E. 1341 Mississippi Street N.E Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James Deline Robert Overman Howard Youn g 1327 - 66th Avenue N.E. 1 r 340 C eek Park Lane N.E. 1361 Mississippi Street N.E Fridley, MN 55432 Fridley, MN 55432 Fi'idley, MN 55432 David Mech Robert Thom son Charles Ge er P y 1315 - 66th Avenue N.E. 1320 Creek Park Lane N.E. 1425 Creek Park Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Richard Podvin Robert Nelson Steven Lamott 1391 Mississippi Street N.E. 1439 Mississippi Street N.E.1405 Creek Park Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Edward Cebula Curtis Barsness Robert Swanson 1427 Mississippi Street N.E. 6581 Central Avenue N.E. 1400 Creek Park Lane N.E. Fridley, mN 55432 Fridley, MN 55432 Fridley, MN 55432 Country House Inc. Richard Brickner/Resident Steven Ga nor 6 1 Cen al nue . _ Y 50 tr Ave N.E 1362 66th Avenue N.E. 1414 Creek Park Lane N.E. Fridley, MN 55432 Fridle mN 55432 Fridle 55 Y� y, MN 432 . Herbert Bacon ichard Brickner David Larson 6523 Central Avenue N.E. �i 1233 - 12th Avenue N.W. 1410 - 66th Avenue N.E. Fridle MN 55432 ` Y� 1 New Brighton, MN 55 12 Fridle MN 55432 Y � � � City of Fridley SAV ��89-03 Page 2 Paul Johnson 1381 Mississippi Street N.E. Fridley, MN 55432 Rachel Gottwaldt 1415 Mississippi Street N.E. � Fridley, MN 55432 Beth Dahlmeier 1358 - 66th Avenue N.E. Fridley, MN 55432 Bernhard Kreins 1362 - 66th Avenue N.E. Fridley, MN 55432 Robert Buksa 1379 Creek Park Lane N.E. Fridley, MN 55432 Planning Commission Chair City Council Members � - ---_ .,�.. _. . .. .... ._ .. _. - --- • --- .. .._�...� _ . ... . . .. � �'LANNING D1VI�ON � MEMORANDUM cinroF FRIDLEY N�10 TO: David Newman, City Attorney I�70 F'F�CM: Jim Rabinson, Planning Coordinator �)'�. MII�iO DATE: FPhruary 20, 19 8 7 REGARDING: Sale of Property to Richard Brickner < As per our oonvpxsatioai this week I am fozwarding the legals of the triangular piece of praperty which the Council has agreed to sell to an interested party. Mr. Richard Brickner is desirous of purchasing this property to add to his adjacent parcels. The legals are Tracts G, H and T, Registered Land Survey No. 94. The agreed upon price is $.765 per squax�e foot or 76.5 x 6790 = $5,194.35. Once you have prepared the apprapriate deed I �ill arrange for Mr. Brickner to bring in his ��t. �,` �� * ,y��. �� M-87-48 . � � _ CITYOF F[Z[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(6l2)571-3450 February 24, 1989 PW89-40 Recorder's Office Anoka County Court House - 325 E. Main Street Anoka, MN 55303 Dear Suanne: � After recording these documents involving Registered Land Survey No. 94, please mail owner's duplicate Certificates of Title to the respectable fee owners. This will eliminate unnecessary mailings at our end at a later date. In the future, I would like all mailings of certificates to go the fee owners. Thank you. Sin�erely, � - � � . i.�'(.., ��'� �/G f`',� _ Cl � Moravetz r Engineering Administration cVM/ts � � � ?[�I��I�I[��y � �Tl_E��b'� �� ' - -----------_. --�-------__---- AT'I'ORNEYS AT LAW Virgil C. Herrick Jaii�es D. Hoeft C:�rrgg �'. Herrick ��f�:�,u„S�i ��tay 26, 1989 David P. Newman Title USA Insurance Corporation 4820 West 77th Street Edina, MN 55435 Attn: Nancy Boucher RE: Tracts H and I, Registered Land Survey No. 94 Certificate of Title No. 64017 Fee Owner - Richard T. Brickner File No. 20024657 Dear Ms. Boucher: It has been brought to my attention that there is a utility and drainage easement along the northern 6 feet of Tract H. Specifically, this was an easement created by the original Gena-Rae plat in 1961. It appears that, when the City of Fridley condemned outlot 1 of the Gena-Rae Addition, the drainage and utility easement along the ' northern 6 feet of outlot 1 was not vacated. The utility easement in question is no longer needed, as Mr. Brickner has provided alternate utility and drainage easements acceptable to the City. As such, the City will be undertaking the process to vacate said easement in question. I anticipate aniy nor►ir.al C-'Xrnt?Sn$ int�c�lved in ��acating said easemPnt, with any such expenses being covered by the City of Fridley. Should you have any questions or concerns regarding the above, or if you are in need of any further information, please do not hesitate in contacting me. Sincerely, James D. Hoeft JDH/lal cc: Richard T. Brickner William Burns, City Manager Mary Ingaldson CTyde Moravetz, City of Fridley Suite ?O7, l�4O1 Univcrsity Avenue 1�T.F.., [�'ridiey, Minnesota 55432, 612-571-3HS0 .. _, �C' . � . � �L�. � �x� (L, �- � : � � � ,. - . MEMORANDUM TO: William W. Burns, City Manager PW89-127 FROM: John G. Flora,�Public Works Director ��lyde V. Moravetz, Engineering Assistant DATE: June 7, 1989 SUBJECT: Outlot 1, Gena-Rae Addition Obsolete Drainage and Utility Easements Lying Within Certain Tracts of Registered Land Survey No. 94 Perha s the first ace to start with re ard to the above- p pl g referenced property is to give a brief history of the proceedings that have involved the property. Originally, Outlot 1 of Gena-Rae Addition was platted with a drainage and utility easement along the north and west six feet. The next substantial proceeding that occurred with relation to the property was the condemnation proceeding performed by the City of Fridley establishing the property as park land. Registered Land Survey Number 94 was performed to establish the easement right-of- j way for Creek Park Lane, which is identified as Tract J of Registered Land Survey Number 94. �he creation of Creek Park Lane also created three remnant parcels af property north of Tract J but still lying within the original bounds of Outlot 1, Gena-Rae Addition. These tracts are identified on Registered Land Survey Number 94 as G, H and I. (See attached map) . The City Council subsequently made a determination that the property represented by Tracts G, H and I was ill-suited to be maintained as park property and Ordinance Number 868 declared said property to be surplus property and that the same could be sold to a private individual. In the meantime, the six-foot drainage and utility easement, as originally set forth in the Gena-Rae Plat, had not been eliminated by the condemnation proceeding, and had not been carried forward in the Registered Land Survey Number 94. In reference to the same, said six-foot drainage and utility easement would now run along the northern six feet of Tracts J, G and H. That same six-foot drainage and utility easement also runs the full p�,z�imeter of the original Outlot 1 which would include the westerly six feet of Tracts H, I and J and the easterly six feet of Tract J. � FWDL�.Y . � � Page Two - PW89-127 � The continued existence of the six-foot drainage and utility easement encompassing Outlot 1 of Gena-Rae Addition was brought to our attention pursuant to the purchase by a Fridley resident of a home located on Tracts D and H of Registered Land Survey Number 94. The question has been raised regarding the vacation of all or parts of the original six-foot drainage and utility easement encompassing Outlot 1 of Gena-Rae Addition. When the property represented by Tracts C, D, E, G, H and I was developed by a private individual, the City Council placed certain conditions on that development, one of the most important being the fact that adequate drainage and utility easements were provided. Those newly-established drainage and utility easements were established without reference to the original drainage and utility easement. In fact, it was not realized at that time that the original six-foot easement was still in existence. The fact that the subsequently-created easements are adequate for drainage and utility purposes indicates that the vacation of parts of the original six-foot drainage and utility easements would be proper. Recommend the City Council vacate the drainage and utility easements affecting the north 6 feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 and the east one foot of the west 6 feet of said Outlot 1 lying within tracts H and I of Registered Land Survey No. 94. (See attached draft ordinance) . I further recommen t e Cit Council: 1 Establish a ublic d h y ) p hearing for July 10 at their meeting of June 19. The Planning Commission can review the City initiated vacation at their June 21 meeting, 2) Have the first reading of the ordinance after public hearing on July 10, 3) Schedule second reading for July 24 . JGF/CVM/ts Attachment ,� ,�: � ,. h �L f h a U h - � . .:��`- �,; N "� C . N � � � � � � 0 .:� .' i .-. � � � , ; � � � � �� `I; 1 �� h ' ''� �—`�-_ — hr` V � d.� � 7S 00 • 8B.50 0�'.� �v o Q � o� N 7 S '•Q;��„��.SD ", �� r • O�'� _., .:._ � ti . ^� o ;.-, h `� .. . ; � � � �. \� a ,� a � H^' � ti a ,., , n � � o �i � : �� ;� ; y .��w '� � � �� L S L.i; • � �' . � �.�;�'; � ,-N. /ir�e GENA-RAE ADD. �`•' � -�. ' � ! �� •� I � �' �7 . `� M �, ' ...79.j9.....'.. ��o.�.f... . ��r� ...�'�9..� � '�'� �sga�4�i�"E•• �� r-• 7 � '- , —'R.. � ••� ' � y �I/`M�. sce� i r � ' \ `G/1� ��1,��,' _, � 1 9• ` * i r: .dpX a . 4t I AD� Lo� 6 n . \�'�` : H� 1 `r� Ds2 1' �,r r'' 4� �' • : i oA� ,� 0\�0 � ; i'� s89'44'4rE V e V i� fs' � �� h �q `� oq �' 09 �� 4e.iz o� � r� , -:�- . .c h t.-, a D l�� h3' J :�03;38 I �. � . �',- �', �� 6 0 13 � � : o . � . , � . , �, � . �,+,`' v �d� 4y,, ps 59 I h h ,�� '� p so�• �1 � -� , . , ��- I---- a��° ��s��%., N88'46�s8~w :� ,a'` �`� 75 00• � �+� I � � `� . •y�3 N �. � -` y/ . I \ 4=S S7'3/ ,� �: / p� � ` � �u •• . I r --�--- �, �y• y �o o V ;� . �' ��O f�s1 I�� °3 . o �h � � - • � ,'i �� '� r'� s3y o � .. _ , I , j'` ,_. /. , � � � O � �. _ _ ., ) . i . � � 'f' � ��. -�- � \ � � i�i / � � % �G�.i i � i i I Q I �J �/. � L� I /: �� :.� � a� �� 1� . �) .�� , . / \ .� � S88°46'f8"E I _• . ,3 u ,`� h F 2 . � � , , h ; ,� � . . �\ w� (` � °� rv� 1� '� °�+ H�: � � I � ' �� 1,,�� " � �� p i � � �� ,� � pO �h � , r [_� �:. . �9 . 1 i I ' ' ' . j 2, , o o �.. . ; • ��: , . �. . . , �.. h •. I - . ' � � �� . �•��, �' � � /60.07 :• � r'. �1/88°SZ'��'►� '•`' . 10K � , • O . ''� � � � �� ,� � .�' 4 � � . . 4 I , � 'A C e�� . . . . ql G ::-p.o7 ev � to•iy��f'E � v v R•If3.0� . b �`h � .�E rA iL h ��.�er N�ie4 NE / Nof fo S�c►/t �d h yov�h /i .f \� SB8°¢7'/7"E — — — �" c C �/[�I � O UNITY DEVELO ENT � DEPARTMENT cinroF FRIDLEY MEMORANDLIM � DATE: June 14, 1989 �� TO: William Burns, City Manager�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Pl�nning Coordinator BIIBJECT: Establish �ublic Hearing Date for Drainage/ Utility Easement/Vacation on Outlot 1, Gena-Rae Addition Attached is a memorandum describing the background and necessity to vacate the easements identified on the attached location map. Staff recommends the City Council establish July 10, 1989, for a public hearing. The Planning Commission will review this item on June 21, 1989. BD:ls M-89-324 � �- � CO UNITY DEVELOPMENT 2 . � DEPARTMENT cinr oF F�D1-� MEMORANDUM DATE: July 19, 1989 ' TO: William Burns, City Manager�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing of Vacation, SAV #89-03 , R.L.S. No. 94 and Gena-Rae Addition, by the City of Fridley Attached is the staff report for the vacation of a portion of drainage and utility easements in R.L.S. No. 94 and Gena-Rae Addition. The Planning Commission recommended approval of the vacation request. The first reading of the ordinance authorizing the vacation will be scheduled for City Council approval on August 14, 1989. BD/dn M-89-414 � COMMISSION APPLICATION REVIEW � F�E Nl1MBER �ILE DATE MEETwG DATE FILE DESCRIPTION ��N�F 30 7/24/89 SAV 4�89-03 - City of Fridley FRIDLEY Park Lane N.E. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS ❑ MICHELE M. ❑ MARK W. � ❑ JOHN F. ❑ DARREL C. ❑ CLYDE M. ❑ LEON M. ❑ JIM H. ❑ BOB A. I D IVI�ON 3 � LANN NG � MEMORANDUM� crnr oF ' ` FRI DLEY DATE: June 15, 1989 TO: Planning Commission Members FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant BIIBJECT: Vacation of Obsolete Drainage and Utility Easements L in within Certain Tracts of R.L.S. Y 9 #94 (SAV #89-03) Attached please find a memo from Clyde Moravetz, Engineering Department Assistant, outlining the history of the drainage easements located on Tracts G, H, and I of Registered Land Survey No. 94 . Drainage and utility easements were established on Outlot 1 of the ori inal Gena-Rae Addition. The ro ert was then condemned b the g P P Y Y Cit as ark land and R.L.S. 94 was recorded to establish the Y P # easement right-of-way for Creek Park Lane. The original drainage and utility easements were not carried through to R.L.S. #94, and new drainage and utility easements were established when development occurred on Tracts C, D, E, G, H, and I of R.L.S. #94. Staff recommends that the Plannin Commission approve the request, g SAV 389-03, by the City of Fridley to vacate obsolete drainage and utility easements on certain tracts of R.L.S. #94. I�'I NIl�!:1 s ' M-89-331 ill -" �� -�' ." r� � � � � � � � ' �. . - � . .��; �,; N N � N � � ^J ,,�� ,,� � � City of Fridley �1y ; ' • � � � C. 1_; � � �SAV ��89-03 ,� 6E � �p v� — � — :�'io �` � � h � 7S,DO • 8B.50 � t�.v �� .. . 6.SD •••'r �� O�'� - ° V' � � S QJ'/7"E ' d(�', f , �� .� ..,. � � . , 1 � �r'1 � ` �1 � � /� � \� .. • � p� �, �, , , � l v� � a H ��:,,` ; �� ,�� C � � � `� �j L�, - � V' • � N . . •'►;,-; � ,-N. /ir�e GENA-RAE ADD. •' i � i�,, • � 1 .E � *,'"? � _ , , i • �.� .o , � . �� , �. ...�49•- . , - .. /63. •• i . .ni . .3 ... . 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L� .1 i � `� . � / . \ S88°46'f8"E I -� � �► . 2 -: ; h �� F � ~ . \ t" . � � �i � � � � � wv �,'� o� �V� . • � N� � � � � ,; ' 0� � , �`�► ,.•� 1� ^ i�� `o I � ; ,. �• O ^1 - , !_. �� h� I . � � . , . �� r � � 0 -,�• '' . . ' �i� h •.,�` I : • • , � „�. ,� �, : ..� ,� , � � /60.07 ,: . � . �1�� .. �''ti K . ;'-, N8a°Sl�ii w :;,, � e� � .., � ' / ,, I , l � q `�' . � . q I , , � : . � e`,� .. � �� G - ::.s.o� � �'' ,� so•M�1"E . �ti: R•�f 3.a! . W � � ��nt/ /VE%� .�E rA iL � '� Nof fo sca/e �� o tiov fh /inr NE %� �� h S�8°47'/7"E - - - '^ � • • 2E � PLANNING COMMISSION MEETING, JIIN$ 21, 1989 - PAGE 8 ' 1. Future tenants in the building ;.s3�a11 not receive a certificate of occupancy unti -�i� is shown that adequate parking can be provided the proposed use. 2. There shall be no.��side storage or display by the owner ' and/or tenant�-.'ff IIPON A VOICE VO��L VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRI� IINANIMOIISLY. ,-- Mr. Be old stated that on July 10th the City Council will set a he ng date to discuss this request. 3 . CONSIDERATION OF A VACATION, SAV #89-03 , BY THE CITY OF FRIDLEY: To vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west five feet of said Tract H) and that part of the east one foot of the west six feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except north six feet of said Tract H) Ms. McPherson referred to the June 7, 1989, memo from Mr. John Flora and Mr. Clyde Moravetz regarding the history of the parcel. The request is made to assist in clearing the title of the parcel. The easements in question are located in the Gena Rae addition. When the original plat was recorded, there were drainage and utility easements established. The City condemned a portion for a park and then decided it was not suitable for a park. The Registered Land Survey #94 was recorded which allowed the recorded easement for Creek Park Lane to occur. When the new subdivision occurred, Creek Ridge, the City did not realize the easements existed, and new drainage and utility easements were established. These are no longer required so staff is recommending approval of vacation of the easements. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend the City Council approve Vacation, SAV #89-03 by the City of Fridley, to vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west five feet of said Tract H) and that part of the east one foot of the west six feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except north six feet of said Tract H) . OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. REVIEW PROPOSAL BY STEINER DEVELOPMEI�I�- TO AMEND THE M-1 _� DISTRICT TO ALLOW CHURCHES ' � �_ . • � PLANNING COMMISSION MEETING, JIINE 21. 1989 - PAGE 7 Mr. Kondrick stated they were a metal fabricating company. Mr. Svanda asked if there had been an environmental audit at the site. Ms. Sherek indicated an audit had been done and any recommended clean up completed. Mr. Barna asked if Mr. Haines was aware that there is no outside storage. Ms. Sherek stated that Crysteel just came in recently for showroom and we have prohibited outside storage and probably will also request that this not be done at this site. Mr. Livingston stated this has been only mentioned. He did not think Mr. Haines would do anything to jeopardize the Polaris contract. If there are any changes, he w,�ll come back. Mr. Betzold asked if they were aware �'the parking problem. The stipulation details the parking with gard to future tenants. The parking is not there for a retail ar,.�a. Mr. Barna asked if the other retai �area was a part of the company. � Mr. Livingston stated this is �a separate company with stitching machines who do lettering on � 'ckets. They are not related to the motor sports business. To his knowledge they are a contract business. MOTION by Mr. Kondrick, s conded by Mr. Barna, to close the public hearing. IIPON A VOICE VOTE� ALL OTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSE AT 8:10 P.M. Mr. Kondrick felt that a motion to approve the request should include a stipul ion regarding outside storage. Ms. Sherek agr ed. Even though this tenant does not intend to use outside s orage, a future tenant may end up doing so. MOTION by s. Sherek, seconded by Mr. Kondrick, to recommend the City Cou il approve the rezoning request, ZOA #89-02, by Ted Haines, o rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light ndustrial, and R-3, General Multiple Dwelling, to C-2, Gener Business, generally located at 7191 Highway 65 N.E. with the following stipulations: I • • i City of Fridley PUBLIC HEARING BEFORE THE UTY GOUNCIL Notice is hereby given thai ihere � will be a Public Hearing of ihe � Fridley City Council at ihe COM- MUNITY EDUCATION CENTER, 6085 — 7TH S7REET N.E. on Mon- � day,July 24,1989 at 7:30 p.m.for the purpose of: Consideration of a vacation, SAV a � 89-03, by ihe City of Fridley, to vacate ihat part of ihe north 6 feet of Outlot 7,Gena-Rae Addition lying within Tracis G and H of Registered La�d Survey No. 9d (except ihe west 5 feet of said Tract H), and that part of ihe east 1 foot of ihe west 6 feet of said Outlot 1 lying within Tracis H and I of Registered Land Survey No. 94 (except ihe norih 6 feet of said Tract H),yen- erally located at 1371 Creek Park Lane N.E. Any and all persons desiring to be heard shall-be given an opportunity at ihe above stated time and place. WILLIAMJ.NEE . MAYOR Any questions related to ihis item may be referred to ihe Fridley Com- ' munity Developmeni Deparimenf, 571-3450. (Published in Fridley Focus July 5 8 12,1989.) ,� a 2� PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Monday, July 24, 1989 at 7: 30 p.m. for the purpose of: Consideration of a vacation, SAV #89-03 , by the City of Fridley, to vacate that part of the north 6 feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west 5 feet of said Tract H) , and that part of the east 1 foot of the west 6 feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except the north 6 feet of said Tract H) , generally located at 1371 Creek Park Lane N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publi.sh: July 5, 1989 July 12 , 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � C011/1MUNITY DEVELOPMENT 2A � DEPARTMENT cmroF F�DL� MEMORANDUM DATE: June 15, 1989 TO: Planning Commission Members FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Vacation of Obsolete Drainage and Utility Easements Lying within Certain Tracts of R.L.S. No. 94, SAV #89-03 Attached please find a memo from Clyde Moravetz, Engineering Department Assistant, outlining the history of the drainage easements located on Tracts G, H and I of Registered Land Survey No. 94. Drainage and utility easements were established on Outlot 1 of the original Gena-Rae Addition. The property was then condemned by the City as park land and R.L.S. No. 94 was recorded to establish the easement right-of-way for Creek Park Lane. The original drainage and utility easements were not carried through to R.L.S. No. 94, and new drainage and utility easements were established when development occurred on Tracts C, D, E, G, H and I of R.L.S. No. 94. Staff recommends that the Planning Commission approve the request, SAV #89-03, by the City of Fridley, to vacate obsolete drainage and utility easements on certain tracts of R.L.S. No. 94 . PLANNING COMMISSION ACTION The Planning Commission recommended approval of the vacation request. CITY COUNCIL RECOMMENDATION Staff recommends the City Council concur with the recommendation of the Planning Commission and approve the vacation. The first reading of the ordinance authorizing the vacation should be scheduled for City Council approval on August 14, 1989. � CO UNITY DEVELOPMENT � � I�EPARTMENT' cinroF F�D1-� MEMORANDUM DATE: August 8, 1989 � �. TO: William Burns, City Manager ,�, FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance approving a V�cation Request, SAV #89-03, by the City of Fridley Attached is the staff report for the vacation request, SAV #89-03 , to vacate drainage and utility easements in R.L.S. No. 94 and the Gena-Rae Addition. The public hearing for this item was held July 24 , 1989 . Recommend that the City Council approve the vacation and hold the first reading of the ordinance. MM/dn M-89-454 � C4 UNITY DEVELOI�MENT � DEPARTME T' N cinr oF F�D�-� MEMORANDUM DATE: August 22, 1989 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second and Final Reading for Vacation Request, SAV #89-03, City of Fridley Attached is the staff report for the request, SAV #89-03 . Staff recommends that the City Council complete the second and final reading of the ordinance vacating the drainage and utility easements in R.L.S. #94 and in the Gena Rae Addition. I�Il�I/dn M-89-509 , corv�nuNl 4 � TY DEVELO�'MENT �' DEPARTMENT unroF F�Di-� MEMORANDUM DATE: January 18, 1990 TO: � William Burns, City Manager ��t` FROM: Joclk. T�obertsofl, Community Development Director Barbara Dacy, Planning Coordinator 8o&7ECT: Ordin�nces Regarding Vacations and Adoption of RepZaeemen�. Ordinances Background The City Council approved the vacation of a 6-foot drainage and utility easement in the Gena-Rae Addition near Creek Park Lane on August 29, 1989 (Ordinance No. 930) . Upon recording the ordinance at Anoka County, it was determined that Section 1 of the ordinance contained an incomplete legal description of the easement to be vacated. On October 3, 1989, the City Council adopted Ordinance No. 936 regarding vacation of a portion of a drainage and utility easement in Onaway Addition adjacent to Hickory Street. Again, the County Recorder's Office indicated that an addition should be made to Sect�.an 1 of the ordinance regarding the legal description. Therefore, according to the City Attorney, the City Council must adopt two ordinances repealing Ordinances No. 930 and No. 936. Then, after passage of those ord'inances, the Council must reapprove the ordinances contair�ing correct legal descriptions. The Attorney's offic�: aa�ris�d, however, that we do not have to reconduct the public hearing. Recommendation TherefQ�e, staff recommends the City Council approve for first reading the ordinances repealing Ordinances No. 930 and No. 936. Secondly, staff recommends the City Council approve for first reading the ordinances containing the correct legal descriptions for vacations of the above noted easements. BD:ls M-90-34 - � CO UNITY DEVEL PMENT 2 � DEPART'MENT unroF FRIDLEY MEMORANDLtM DATE: February 8, 1990 TO: William Burns, City Manager �� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Ordinances Regarding Vacations and Adoption of Replacement Ordinances Staff recommends the City Council approve for second and final reading the ordinances repealing Ordinances No. 930 and No. 936. Secondly, staff recommends the City Council approve for second and final reading the ordinances containing the correct legal descriptions for vacations of the above noted easements. BD:ls M-90-34 � � � • i FRIDLEY CITY COIINCIL MEETING OF JIINE 19 1989 P e 11 Councilman Schneider asked Mr. Gandrud if they agre , for tax purposes, the building is really 5,940 square feet. Mr. Gandrud stated they are taxed for the impro ments and the canopy is part of the improvement. Councilwoman Jorgenson stated when the Counci revised the Zoning Ordinance, they were looking at the sale of ood as being a small portion of a business, and Mr. Gandrud stat it will be 8 percent of the sales. She stated it is not ite how the Council maintained the ordinance would be used. Councilman Billings stated it is appar nt that somewhere along the line, the original intent of this a endment was lost. He stated he would like staff to research t Planning Commission and City Council minutes to see exactly w at was the legislative intent. He stated it was not his intent to allow such an operation in an industrial zone. � Mr. Gandrud stated the ord' ance lists six performance standards to evaluate commercial re il uses in industrial districts and it states the floor area sho ld not exceed 30 percent. He stated they do meet this requireme . Counc��man Billings ated there is the question on the size if the building is actual 750 square feet or 5,940 square feet. MOTION by Counc' man Billings to table this item to July 10, 1989. Seconded by Co ncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor N e declared the motion carried unanimously. 5. ESTA ISH A PUBLIC HEARING FOR THE SALE OF EXCESS PROPERTY AT 12 52ND AVENUE N.E. FOR JULY 10 1989: MOTI by Councilman Billings to set the public hearing on this ite for July 10, 1989. Seconded by Councilwoman Jorgenson. Upon a oice vote, all voting aye, Mayor Nee declared the motion carried animously. 6. ESTABLISH A PUBLIC HEARING FOR A VACATION £tEC?UEST. SAV #89- 03 TO VACATE A SIX FOOT A�ID THE EP��T �NE FaOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN 'I'RACTS OF RLS NO. 94 AND IN THE GENA RAE ADDITION FOR JULY 24 , 1989: MOTION by Cauncilwoman Jorgenson to set the hearing on this vacation request for July 24, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Y � ' • • • ' . �RIDLEY CITY COUNCIL MBETINQ OF JIIN$ 19. 1989 paae 12 7. CONSIDERATION OF REOUEST BY FRANCES ANDERSON TO RECONSIY�ER COUNCIL ACTION ON OCTOBER 15 1979: / Ms. Dacy, Planning Coordinator, stated in 1979, Mr. derson . received Council approval to construct a 30 by 32 foot s el pre- fabricated garage on the property at 7748 Elm Street. e stated the property is considered non-conforming because a si gle family home exists on this property. She stated the constru ion of this garage was approved with the stipulation that it be moved on the sale of the property or in ten years, whichever c e first. She stated the property was also not to be sold or residential habitation with the garage on the property. Ms. Dacy stated Mr. Anderson is requesting th Council to reverse their action taken on October 15, 1979 in o er that he may sell the property and allow the new owner to liv in the home until he could build an industrial building on the roperty. Mr. Grundhofer, Mr. Anderson's attorne , stated the prospective buyer is here this evening and the whol thrust of the proposal is to facilitate the sale of this propert . He stated the prospective buyer, Mr. Grangruth, intends to us the property in a similar manner for a sandblasting busines . He requested the Council consider the request and allow the continuation of the use of the garage and residence as an office Mayor Nee asked if Mr. Grangru would be residing in the home. Mr. Grundhofer stated he was ot clear on Mr. Grangruth's intent, but would like this as an o ion. Mr. Herrick stated he spo e with Mr. Grundhofer's associate about whether the home would b used for an office or as a residential dwelling. He stated if t was to be used as an office, he felt the code requirements wou be met and would recommend the Council approve the request. He stated, however, if the home is used as a residential dwe21 ' g, he felt it was contrary to the Council 's intent in 1979 and ould recommend the request not be approved. Councilman Billi gs stated his predecessor voted against the Council motion October 15, 1979. He stated ten years ago, the City had hopes of cleaning up the entire area and non-conforming uses. He sta ed he did not like the idea of having industry in residential eighborhoods or residences in industrial areas. He ver the last ten ear s stated, how er, things have not worked out o Y as the Cou cil had hoped. Councilm n Billings stated when Mr. Anderson approached the Council in 1979, he had a verbal agreement with an insurance company to purch e the property in the near future. He stated, unfo unately, this company located in a neighboring city. He st ed this issue was part of the reason Mr. Anderson agreed to • • , , FRIDLEY CITY COIINCIL MEETING OF JIILY 24, 1989 PAGE 2 MOTION by Councilman Fitzpatrick rove the Statement of Canvass from the Special E ' n of July 18, 1989. Seconded by Councilman Schneid on a voice vote, all voting aye, Mayor Nee declared t ion carried unanimously. PUBLIC HEARINGS: 2 . PUBLIC HEARING ON A VACATION, SAV #89-03 . TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF REGISTERED LAND SURVEY NO. 94 AND IN THE GENA-RAE ADDITION, BY THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7 : 57 p.m. Ms. Dacy, Planning Coordinator, stated there are two easements that need to be vacated, the north six feet of Outlot 1 and the east one foot of the west six feet of Outlot 1. She stated these easements were included in Outlot 1 of the Gena-Rae Addition and, when it was replatted, the easements were not vacated. Ms. Dacy stated it is necessary to vacate the easements so the titles of the property can be cleared. Ms. Dacy stated the Planning Commission recommended approval of the vacation and staff would concur. No persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:59 p.m. 3 . PUBLIC HEARING ON A REZONING ZOA 89-03 TO REZONE LOT AUDITOR'S SUBDIVISION NO. 89 FROM M-1 LIGHT INDUST AND R-3 GENERAL MULTIPLE DWELLING TO C-2 GENE BUSINESS GENERALLY LOCATED AT 7191 HIGHWAY 65 N.E. ED HAINES: MOTION by Councilman Schneider to waive reading of the public hearing notice and open the pub ' hearing. Seconded by Councilwoman Jorgenson. Upon a ce vote, all voting aye, Mayor Nee declared the motion carri unanimously and the public hearing opened at 7: 59 p.m. Ms. Dacy, Planning ordinator, stated this property is located on Highway 65 adja nt to 72nd Avenue. She stated the site is zoned both M-1, li industrial, and R-3, general multiple dwelling and Kurt Man cturing is the current owner of the property. I � • J THE MINUTES OF THE REGOLAR MEETING OF THE FRIDLEY CITY COIINCIL OF JIILY 24, 1989 The Regular Meeting of the Fridley City Council was calle to order at 7 :50 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pled e of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman J rgenson, Councilman Schneider, C ncilman Fitzpatrick and Counci an Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING JULY 10 19 9: MOTION by Councilman Fitzpat ick to approve the minutes as presented. Seconded by Counci woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee de ared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Sc eider to adopt the agenda as presented. Seconded by Councilman itzpatrick. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. OPEN FORUM VISITOR : PRESENTATION BY V POSTS 363 : Mr. Nessman, Co ander of the Fridley VFW Post 363 , presented a check to the C'ty for $9, 600 for use by the Fire Department. Mr. Aldrich stated these funds would be used for several educational programs and computer hardware for hazardous incident management He stated he appreciated this donation by the VFW and their sup ort of the Fire Department over the years. 1. RE EIVING THE STATEMENT OF CANVASS FROM THE SPECIAL ELECTION O JULY 18 1989 • Ms. aapala, City Clerk, stated t�a� Charter amendment on the Co cil 's term of office passed with 706 votes in favor and 237 v es against. She stated there were no overvotes or blank votes. � R • • FRIDLEY CITY COiTNCIL MEETING OF AIIGIIST 14. 1989 PAGE 9 the rear yard setback from 25 to 13 .8 feet for the construction of ,% an enclosed 16 by 16 foot enclosed porch. Seconded by Councilwoma Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decla d the motion carried unanimously. B. CONSIDERATION OF A VARIANCE RE UEST VAR 89-12 TO CREASE THE RE UIRED MAXIMUM LOT COVERAGE FROM 40 TO 47 TO LOW THE CONSTRUCTION OF ADDITIONAL WAREHOUSE MANUFACTURING D OFFICE SPACE ON LOT 7 BLOCK 2 EAST RANCH ESTATES SECO ADDITION THE SAME BEING 7855 RANCHER'S ROAD N.E. BY CORTRON CORPORATION• Ms. Dacy, Planning Coordinator, stated this equest is for a variance to increase the lot coverage from 4 to 47 percent to allow the construction of additional warehous and office space at 7855 Rancher's Road. She stated the petitio er plans to expand the building by adding another 7, 700 square eet. Ms. Dacy stated staff has identified two alternatives to he variance. She stated the current 21, 000 square foot building ccupies 35 percent of the lot coverage. She stated one alterna ve was to only add half of the space or construct a two sto y addition with warehouse facilities on the first floor and o ices on the upper level . She stated because of these alternativ , staff is recommending denial of the variance. Ms. Dacy stated the Appeals Co ission felt the proposed addition would be consistent with he intent of the ordinance and recommended approval with f' e stipulations which she outlined. Mr. Guy Reithmeyer stated e company needs the warehouse space and a smaller addition or a two story building would not meet their needs. He stated the p king on the site is well in excess of what is needed. He stated dditional landscaping will be provided and a retention area to r ieve pressure on the existing storm drainage system. Councilman Billi gs asked if Cortron was the owner of this property. Mr. Jerry Pitt , one of the owners, stated Cortron Corporation does own the prop ty. Mr. Herric , City Attorney, stated he felt this was a significant variance nd if it was granted, it would set a precedent and make it diff ' ult for the Council to deny similar requests in the future. He stated Elo Engineering had an almost identical request which as denied. Mr. errick stated if the Council feels they want to change the ord nance to allow more than 40 percent lot coverage, the staff c ld review it. . • • ' FRIDLEY CITY COiTNCIL MEETING OF AIIGUST 14. 1989 PAGE 10 Ms. Dacy stated she believed that Elo Engineering was granted a variance to allow 45 percent coverage of the lot and submitted a second variance which was denied. Councilman Billings stated the City Attorney has expressed so e of the same concerns he has in regard to this request. He sta d the ordinance is fairly clear in this particular area. He s ted if he had to vote this evening, it would be for denial, but wondered if it would be more prudent to look at the ordinance t see if it is still relevant. He stated this is potentially the second business the City could lose because of the fact the are not able to expand. He felt he did not want overcrowdi and building against building, but perhaps the ordinance shou be reviewed. Mr. Herrick stated one approach may be that he ordinance state that not more than a certain percentage of t lot could be covered by the building and p�rking lot. He felt ' may not be a bad idea to survey other cities to determine thei requirements. Mr. Burns, City Manager, questioned staff if they recalled the range of lot coverage allowed in pr ious variances. Mr. Robertson, Community Deve pment Director, stated as he recalls, the City has not grant d a variance for 47 percent of lot coverage. MOTION by Councilman Bii ngs to table this item to the next meeting and direct staff o provide further information as to how this variance might e approved. Seconded by Councilman Fitzpatrick. Upon a vi ce vote, all voting aye, Mayor Nee declared the motion carried u nimously. C. CONSIDERATIO OF AUTHORIZING AN AMENDMENT FOR FINAL PLAT TARGET NORT RN DISTRIBUTION CENTER ADDITION: Ms. Dacy, Plan ing Coordinator, stated in reviewing this final plat with Target, it was determined the City would need a 25 foot easement, r her than 15 feet, for street, bikeway/walking and snow storage. he stated Target has no problem with dedicating this addition 10 feet. Ms. Dacy stated this amendment would change the eas ent from 15 to 25 feet for a roadway and bikeway/walkway. MOTI by Councilman Billings to approve an amendment to the final pla for a 25 foot easement on the south right-of-way line of 73rd A nue. Seconded by Councilman Fitzpatrick. Upon a voice vote, 11 voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION SAV #89-03 , TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF REGISTERED LAND SURVEY N0. 94 AND IN THE GENA-RAE ADDITION, BY THE CITY OF FRIDLEY: ` ' � • FRIDLEY CITY COIINCIL MEETING OF AUGOST 14, 1989 PAGE 11 MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 7. CONSIDERATION OF APPROVING A CONSULTANT AGREEMENT FOR RIVERVIEW HEIGHTS ACOUISITION: MOTION by Councilman Fitzpatrick to approve a consultant greement with Federal-State Relocation Consulting Service, Inc in regard to the Riverview Heights acquisition. Seconded by ouncilwoman Jorgenson. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. / Mayor Nee suggested that possibly one of these omes should be kept for the City's use. Ms. Dacy, Planning Coordinator, stated wi 1 be reviewed. 8. RECEIVE BIDS AND AWARD CONTRAC FOR THE 3 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 19 . Mr. Flora, Public Works Director, stated the City's consultant, AEC, has advised that three bids ere received for Phase 1 of this project and recommends the low bid of JMG Contracting, Inc. be accepted for Phase 1. Mr. Flora stated AEC has a ised that two bids were received for Phase 2 of this project an recommends the low bid of TMI Coatings, Inc. be accepted for Pha 2 . MOTION by Councilman hneider to receive the following bids for the 3 MG Concrete Re rvoir Repair Project No. 192: JMG Contracting, I c. Phase 1 - $118, 900. 00 5141 Abbott Ave. o. Minneapolis, MN 55410 Phase 2 - No Bid TMI Coatings, nc. Phase 1 - $146, 700. 00 2805 Dodd Ro d St.Paul, MN 55121 Phase 2 - $219,803. 00 Abhe & Sv boda Phase 1 - $210, 000. 00 17066 R ere Way Prior ke, MN 55372 Phase 2 - $347,745. 50 Sec ded by Councilwoman Jorgenson. Upon a voice vote, all voting ay , Mayor Nee declared the motion carried unanimously. - � • • r FRIDLEY CITY COIINCIL 1riEETING OF AIIGIIST 14, 1989 ,PAGE 12 i MOTION by Councilman Schneider to award the bid for Phas 1 to the low bidder, JMG Contracting, Inc. , in the amount of $ 18,900 and award the bid for Phase 2 to the low bidder, TMI Co ings, Inc. , in the amount of $219,803 . Seconded by Councilwo an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decl red the motion carried unanimously. / After further discussion (see Item 9) , the fo�lowing action was taken: MOTION by Councilman Schneider to recons ' er the above motion awarding the bids for Project No. 192 . econded by Councilman Fitzpatrick. Upon a voice vote, all votin aye, Mayor Nee declared the motion carried unanimously. / MOTION by Councilman Schneider to table�awarding the contracts for Phases 1 and 2, Project No. 192 for epair of the 3 MG Concrete Reservoir. Seconded by Councilwoman orgenson. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. � 9 . RECEIVE BIDS AND AWARD CONT CT FOR 1. 5 MG CONCRETE RESERVOIR REPAIR PROJECT N0. 193 (53 AVENUE & JOHNSON) : Mr. Flora, Public Works Dire tor, stated the City's consultant, AEC, has advised that four b'ds were received for this project and recommends the low bid fro TMI be accepted. He stated there were two alternates involving ompletion dates, one for this fall and the other for next sprin . He stated it is recommended alternate 1 be accepted for $91, 8 0 for completion this fall. MOTION by Councilman illings to receive the following bids for the 1. 5 MG Concrete Res oir Repair Project No. 193: TMI Coatings, Inc Alternate 1 - $91, 850. 00 2805 Dodd Road ; St. Paul, MN 5�721 Alternate 2 - $99, 200. 00 JMG Contracting, Inc. Alternate 1 - $198, 000. 00 5141 Abbott Ave. S. Minneapolis ' MN 55410 Alternate 2 - $199, 000. 00 Universal pplicators Alternate 1 - $143, 227.00 P. O. Box 310 Forest ke, MN 55025 Alternate 2 - $145, 127. 00 Abhe & voboda, Inc. Alternate 1 - $146, 200. 00 17066 evere Way Prior Lake, MN 55372 Alternate 2 - $132,200.00 Sec nded by Councilman Schneider. Upon a voice vote, all voting a�re, Mayor Nee declared the motion carried unanimously. . � � �RIDLEY CZTY COIINCIL MEETING OF AIIGIIBT 28, 1989 PAaE 5 . Councilman Schneider stated the City check the location of the lot pins. Councilwoman Jorgenso tated in conjunction with checking Mr. Sherry's lot, ould also like Mr. Townsend's property checked at 58 an Avenue. OLD BUSINESS• 1. ORDINANCE NO 930 APPROVING A VACATION, SAV #89-03 , TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF REGISTERED LAND SURVEY NO. 94 AND IN THE GENA-RAE ADDITION, BY THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 930 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1. 1 CONSIDERATION OF A VARIANCE REOUEST, VAR #89-12 , TO INCREASE HE RE UIRED MAXIMUM LOT COVERAGE FROM 40 TO 47 O LLO THE CONSTRUCTION OF ADDITIONAL WAREHOUSE MANUFACTURING AND FICE SPACE ON LOT 7 BLOCK 2 EAST RANCH ESTATES SECOND A ITION THE SAME BEING 7855 RANCHER'S ROAD N.E. BY CORTRON CORPORATION• Ms. Dacy, Planning Coordinator, stated staff s researched variances granted in the past concerning maximu lot coverages. She stated other communities were also contact regarding their ordinance requirements on lot coverage in gen al. Ms. Dacy stated in the past, the City has anted variances for 45, 46, and 49 percent maximum lot coverage nd four out of five cases considered, the City has approved. Ms. Dacy stated in reviewing re 'rements for other communities, the architect for Cortron Corpo ation provided this information. She stated of the communities surveyed, five had no requirements at all regarding lot coverag and the parking and building setbacks controlled the lot cov age. She stated four communities controlled lot coverage y using a calculation of building and parking lot percentag ; six communities had a maximum building coverage of 50�; and he remaining nine are split between 35� and 45�. She stated C umbia Heights allows up to 90$ coverage. Ms. Dacy stated based on this analysis, the City Attorney and she agree that an rdinance amendment should be considered to increase the lot co rage to 50�. She stated it is clear, by past approvals, that 40� maximum may not be realistic in some cases. She sta d as along as the Zoning Ordinance has the parking requir ents and setbacks that should be sufficient to regulate the expa ion of a building on a commercial or industrial lot. - - � � • FRIDLEY CITY COIINCIL MEETING OF �►IIGDST 28. 1989 PAGE 6 Councilman Billings stated some precedent has been set in the past and felt the ordinance needs to be reviewed, howev r, he would not necessarily go along with the 50�. MOTION by Councilman Billings to grant Varianc Request, VAR #89- 12, to increase the required maximum lot cove age from 40$ to 47� to allow the construction of additional wareh se/manufacturing and office space at 7855 Rancher's Road N.E. , Cortron Corporation, with the following stipulations: (1) the drainage plan shall be approved by City staff; (2) undergro d sprinkling shall be installed; (3) a landscape plan shall be submitted and approved by the City prior to issuance of the buii ng permit; (4) the Appeals Commission does not recommend further expansion on this site; and (5) a dumpster enclosure shall be constructed, if necessary. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 2 . RECEIVE THE MINUTES OF E PLANNING COMMISSION MEETING OF AUGUST 16, 1989• A. ITEM FROM THE APPEALS OMMISSION MEETING OF AUGUST 1 1989: CONSIDERATION OF A S ECIAL USE PERMIT SP 89-08 TO ALLOW AN AUTOMOTIVE REPAIR RAGE AT 7570 HIGHWAY 65 N.E. Y KEITH'S AUTO BODY• Ms. Dacy, Planning ordinator, stated this is a request for a special use permit t allow a repair garage at 7570 Highway 65 N.E. She stated the site is zoned M-1, light industrial, with R-4 zoning to the south, and -1 to the west and north. She stated since 1983 there have been a umber of auto repair garages operating from this site. She sta ed because there have been several changes in ownership sinc 1983, the City has had a difficult time in enforcing the ode requirements. Ms. Dacy sta ed this spring Mr. Keith Poppenhagen contacted the City regard'ng operation of his auto repair garage and he was advised th t a special use permit for this repair garage was necessary. She stated some of the site improvements needed are paving, c ncrete curbs, landscaping, installation of sewer, and a cleanup f debris and materials stored in the rear. Ms. Da stated on May 17, 1989, the Planning Commission considered this ' em. She stated because of the disrepair of the property, the nimission was concerned if the buildings should be condemned. She tated staff reviewed the site and the structural quality of the two buildings and determined the buildings had to meet some co e requirements, but were not to the point where they could be c ndemned. �:,; FRIDLEY CITY COIINCIL MEETING OF JANUARY 22. 1390 PAGE 4 4. FIRST READING OF AN ORDINANCE TO REPEAL ORDINANCE NO. 930 , PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT jGENA-RAE ADDITION} : Ms. Dacy, Planning Coordinator, stated this ordinance is necessary to repeal Ordinance No. 930 which contains an incomplete legal description of the easement to be vacated in the Gena-Rae Addition. She stated Item 6 on the agenda is to consider first reading of an ordinance containing the correct legal description. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE REPEALING ORDINANCE NO. 936 REGARDING AN EASEMENT VACATION IN ONAWAY ADDITIO�F: Ms. Dacy, Planning Coordinator, stated th' �rdinance is necessary to repeal Ordinance No. 936 which tains an incomplete legal description of the easement to b acated in the Onaway Addition. She stated Item 7 on the age is to consider first reading of an ordinance containing the rrect legal description. MOTION by Counci n Billings to waive the reading and approve the ordinance u first reading. Seconded by Councilman Fitzpatrick. Upon a 'ce vote, all voting aye, Mayor Nee declared the motion car ' unanimously. 6. 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 (GENA-RAE ADDITION) : MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7 . FIRST READING OF AN ORDINANCE UNDER SECTION 12 . 07 OF THE CI.,TY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APP�NI3IX C OF THE CITY CODE (ONAWAY ADDITION) : �-' _-�' MOTION by Councilman Billings to waive the r ing and approve the ordinance upon first reading. Seconded Councilman Fitzpatrick. Upon a voice vote, all voting aye yor Nee declared the motion carried unanimously. 8. RECEIVE BIDS ARD CONTRACT FOR THE REPAIR AND MAINTENANCE OF WELL . 5 PROJECT NO. 198: AND _ - FRIDLEY CITY COIINC�ETING OF JANIIARY 22, 19� PAGE 3 MOTION by Councilman Schneider to close the public hearing. , Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:50 p.m. �' OLD BUSINESS• � 1.5. RECONSIDERATION OF RESOLUTION NO. 6-1990 FROM THE J.�NUARY 8, 1990 COUNCIL MEETING: / MOTION by Councilman Schneider to reconsider the a ion taken on Januar 8, 1990 to adopt Resolution No. 6-1990 agai st approval of Y an application for exemption from a lawful gamblir,� license by the Fridley Chamber of Commerce. Seconded by Counc 'lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee �clared the motion carried unanimously. / MOTION by Councilman Billings to table �iis item indefinitely. Seconded by Councilman Schneider. Upon voice vote, all voting aye, Mayor Nee declared the motion carr'ed unanimously. 2 . CHANGE ORDER NO. 2 FOR STREETj�MPROVEMENT PROJECT NO. ST. 51989 - 1 & 2) (SANITARY SEWER�LINE - 7570 HIGHWAY 65) : This item will be considered aft¢�r Item 12 on the agenda. / NEW BUSINESS• � 3 . APPOINT CITY REPRESEN TIVE TO THE NATIONAL ORGANIZATION ON DISABILITY• Mr. Steve Barg, P1 ning Assistant, stated the National Organization on Disab' ity is a private, non-profit organization dedicated to promo ing full participation of persons with disabilities in all aspects of community life. He stated there is no cost to the ty to become involved in this organization, however, cash aw rds are available for participating communities who demonstrate outstanding achievement. Mr. Barg re ested the Council consider the appointment of Mr. Roger Bloh as the City's representative to the National Organizati on Disability. He stated the City, for the past several y rs, has not been represented in this organization. Mr. Barg sta ed Mr. Blohm is an excellent individual to work with and has the awareness and drive to help the disabled. MOTIO by Councilman Fitzpatrick to authorize the City to join the Nati al Organization on Disability and appoint Roger Blohm, 1605 Ber Road, as the City's representative for the two year term. Se nded by Councilman Schneider. Upon a voice vote, all voting ay , Mayor Nee declared the motion carried unanimously. . Blohm stated he wants to make Fridley well-known as an excellent place to live and work. , FRIDLEY CITY COIINCIL MEETZNG OF FEBRIIARY 12, 1990 __ PAGE 3 No persons in the audience spoke regarding this pro�os�e�-�g'lat. MOTION by Councilman Billings to clos public hearing. Seconded by Councilman Fitzpat ' pon a voice vote, all voting aye, Mayor Nee decla e motion carried unanimously and the public hearin ed at 7:52 p.m. BUSINESS• 2 . ORDINANCE NO. 940 AN ORDINANCE TO REPEAL ORDINANCE NO. 930 PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT SGENA-RAE ADDITION) : MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 940 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3 . ORDINANCE NO. 941 AN ORDINANCE REPEALING ORDINANCE NO. 936 REGARDING AN EASEMENT VACATION IN ONAWAY ADDITION: MOTION by Councilman Billings to waive the reading and ado Ordinance No. 941 on the second reading and order publicat' n. Seconded by Councilman Schneider. Upon a voice vote, all v ting aye, Mayor Nee declared the motion carried unanimously. 4 . ORDINANCE NO. 942 AN ORDINANCE UNDER SECTION 12 . 07 F THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AM APPENDIX C OF THE CITY CODE (GENA-RAE ADDITION) : MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 942 on the second reading a order publication. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, Mayor Nee declared the motion carr' d unanimously. 5. ORDINANCE NO. 943 AN ORDINANCE DER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AN ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE ONAWAY A ITION : MOTION by Councilman Bill ' gs to waive the reading and adopt Ordinance No. 943 on the second reading and order publication. Seconded by Councilman hneider. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. NEW BUSINESS• 6. RESOLUTIO NO. 11-1990 PROVIDING FOR THE PUBLIC SALE OF APPROXI TELY 9 445 000 GENERAL OBLIGATION TAX INCREMENT REFUN NG BONDS OF 1990: Mr. Bu s, City Manager, stated the City of Fridley, like many othe Minnesota cities, is being impacted by recent tax increment fi ncing amendments. He stated the law limits use of tax FRZDLEY CITY COIINCIL MEETING OF F$BRIIARY 12, 1990 PAGE � � increment financing generated by pre-1979 districts, unless tax increment is needed to retire bonds that have been sold ior to 1990. Mr. Burns stated the City's Southwest Quadrant oject is a pre-1979 district and several redevelopment proposal have been considered, but, to date, the City has not uccessfully accomplished the redevelopment objectives. He stat d in order to comply with the law, it is necessary to refina e the debt on existing tax increment bonds. He stated this efinancing will allow the City additional tax increment to suppo projects through the year 2009. Mr. Burns stated if the City d es not proceed with the refinancing, tax increment financing cann t be used on any pre- 1979 parcels beyond the year 2000 (the curr nt maturation date of the bonds) . Mr. Burns stated over the last sever 1 weeks, staff has been reviewing the need for tax incre nt projects, refinancing alternatives, and current cash flows ' these districts. He stated at a recent Housing & Redevelopment thority meeting, Mr. Casserly outlined various refinancing a ernatives. He stated the recommendation was to refinance a 1 the remaining debt, as opposed to part of the debt, and that is be done in a manner to defer principal payments beyond the y ar 2000. He stated by refinancing the total remaining debt, it ' believed $6,733, 683 in savings can be generated through reduce principal and interest payments and this amount can be applied to new projects anywhere in the tax increment districts. He ated beyond the year 2000 and to the year 2009, $1, 000, 000 to 1, 500, 000 per year in new tax increment revenue can be justifi from any pre-1979 district or about $13, 000, 000 for the ten ear period. He stated all of this revenue could be used to suppo projects that will add considerably to the economic viability of the center city. Mr. Burns stated if he Council adopts this proposal, all necessary steps to refinanc the bond issue should be completed by the end of March. He st ted the Council would receive and consider bids at a special me ing on March 7, 1990. Mr. Burns int duced the City's financial agent, Mr. Jim Casserly and the City's bond counsel, Mr. Jim O'Meara. He stated both Mr. Casserly an Mr. O'Meara are here to respond to any questions from the Counci . Council n Billings stated it is his understanding that the City is ant' ipating a lower interest rate on the bonds to be sold and that payment of the debt will be over a greater period of time than n the bonds that now exist. Councilman Billings stated he relates it to this hypothetical situation that if he had a payment of $900 at 11 percent interest for 15 years and refinances the same amount of principal at 9 City of Fridley ORDINANCE N0.910 AN ORDINANCE TO REPEAL ORDINANCE NO.9�0 PERTAINING TO VACATiON OF A DRAINAGE AND UTILITY EASEMENT The City Council of ihe City of Fridley does herebY ordain as fol lows: SECTION 1. Ordinance No. 930 con- tained an erroneous legal descrip- tion regarding ihe vacation of a drainage and utility easement. SECTION 2.Because of ihe e�roneous legal description,Ordinance No.930 shall be repealed i�its entirety. PASSED AND ADOPTED BY THE CITY COUNCI� OF THE CITY OF FRIDLEY THIS 12TH DAV OF FEBRUARY,1990. WILLIAMJ.NEE-MAYOR - ATTEST: SHIR�EV A.HAAPALA, � CITYCLERK First Reading:January 22,1990 Second Reading:Feruary12,1990 Publication:February 27,1990 (Published Fridley Focus February 21.1990) _ _ _ ___ _ City of Fridley ORDINANCE N0.912 AN ORDINANCE UNDER 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 . fol lowr. SECTION� 1. For ihe vacation of . � � drainage and utility easemenis as . � shown on fhe plat of Gena-Rae Ad- �I dition as filed as Document Number 36798 on•ihe 251h day of September, i 1961,described asfollows: That part of ihe norih six(6)feet W Tracis G and H of Registered land Survey No.94,except ihe west five � (5)feet of said Tract H;and That part of ihe east one(1)foot of ihe west six(6)feet of Tracis H and � � I of Registered LandSurvey No.94, ' I'�I except ihe norih six(6)feet of said Tract H. All lying in the Norih Half of Sec- tion 13, T-30, R-Y4, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The intent of ihe above vacations is to eliminate ihe II� drainage and utility.easemenis as noted on the Gena-Rae Addition plat . . as described above. Any and all � easemenis filed since the recording W Registered Land Survey No. 91 . are to remain easemenis af record. SECTION 3. 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 GITY OF � FRIDLEY THIS 12TH DAY OF FEBRUARY,1990 � . �I WILLIAM J.NEE-MAYOR ATTEST: � SHIRLEY A. HAAPALA - CITY CLERK � Public Hearing:July ia,1989 � � First Reading:January Y2,1990 , Secood Reading:FeL•ruary 12,1990 Publication:Februar�21,1990 (Published Fridley Focus February 2T;1990) � . � ZA ORDINANCE NO. 940 AN ORDINANCE TO REPEAL ORDINANCE NO. 930 PERTAINING TO VACATION OF !� DRAINAGE AND IITILITY EASEMENT . The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. Ordinance No. 930 contained an erroneous legal description regarding the vacation of a drainage and utility easement. SECTION 2 . Because of the erroneous legal description, Ordinance No. 930 shall be repealed in its entirety. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF FEBRUARY , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK First Reading: January 22 , 1990 Second Reading: February 12, 1990 Publication: February 21, 1990 � � 4 ORDINANCE NO. 942 AN ORDINANCE IINDER BECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIB C OF THE CITY CODE The City Council of the City of Fridley does hereby �ordain as follows: SECTION 1. For the vacation of drainage and utility easements as shown on the plat of Gena-Rae Addition as filed as Document Number 36798 on the 25th day of September, 1961, described as follows: That part of the north six (6) feet of Tracts G and ' H of Registered Land Survey No. 94, except the west five (5) feet of said Tract H; and That part of the east one (1) foot of the west six (6) feet of Tracts H and I of Registered Land Survey No. 94, except the north six (6) feet of said Tract H. All lying in the North Half of Section 13, T-30, R- 24 , City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2 . The intent of the above vacations is to eliminate the drainage and utility easements as noted on the Gena-Rae Addition plat as described above. Any and all easements filed since the recording of Registered Land Survey No. 94 are to remain easements of record. SECTION 3 . 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 12TH DAY OF FEBRUARY , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK ' Public Hearing: July 24, 1989 First Reading January 22, 1990 Second Reading: February 12, 1990 Publication: February 21, 1990 �--- - • . ... . . — =�.�...:.�._....��... _ __— � � .'. .----- ..,� ORDINANCE N0. 868 � AN ORDINANCS UNDEB SECTION 12.06 OF THg CITY CHARTBB DECLARING CERTAIN REAL ESTATE TO BE SUBPLUS AND AUTHORIZING THE SALE THEREOF • The City Council of the City of Fridley does hereby ordain as follows: 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: s Tracts G, H, and I, Registered Land Survey No, 94 (that part of � � , Outlot 1, Gena-Rae Addition lying North of Creek Park Lane) '; � 3 :-- All lying in North Half of Section 13, T-30, R-24, City of Fridley, County �� of Anoka� State of Minnesota. � i: ; � , � 2. It is hereby determined by the Council that the City no longer has any reason to continue to own said property and that the sale of said property is not inconsistent with the City's Comprehensive Plan. 3. The Coiancil hereby authorizes the City Manager and the City Clerk to . effect the sale of said property by negotiating a sale directly with an . interested party. 4. The Mayor and City Clerk are hereby authorized to sign the necessary contract and deeds to effect the sale of the above described real estate. 6 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY OF �: OCTOBER, 1986 ::. �� . �`>. C/ v �= � �, WILLIAM J. N - MAYOR ' �: ATTEST: ,> �� '� � � . , � ; SHIRLEY A. PALA - CI CLERK � i; . ' First Reading: October 6� 1986 � ;� , . >� Second Reading: October 20, 1986 • � ' Publication: January 12, 1987 ' ! , � . � ,,. � ��:• - . . � • ' . . . �; I' � R � e . . _ .- ''a�r-�- - _ — - ��.o:�:-aa:.:��.....�.... _ _ _ . . • ..i� . . � ORDINANCE NO. 868 AN ORDINANC$ IINDER SECTION 12.06 OF TH$ CITY CBARTBB �` DECLARING CERTAIN REAL ESTATE TO BE SUBPLUS AND ' AUTHORIZING THE �ALE THEREOF . • The City Council of the City of Fridley does hereby ordain as follows: 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley� Anoka County, State of Minnesota, described as follows: Tracts G� H, and I, Registered Land Survey No. 94 (that part of � � I Outlot 1, Gena-Rae Addition lying North of Creek Park Lane) � ; � All lying in North Half of Section 13, T-30� R-24, City of Fridley, County y of Anoka, State o£ Minnesota. ' i' ' 2. It is hereby determined by the Council that �he City no longer has any reason to continue to own said property and that the sale of said property is not inconsistent with the City's Comprehensive Plan. � 3. The Council hereby authorizes the City Manager and the City Clerk to effect the sale of said property by negotiating a sale directly with an interested party. 4. The Mayor and City Clerk are hereby authorized to sign the necessary contract and deeds to effect the sale of the above described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY OF OCTOBER, 1986 �/ v ` W AM J N - MA 0 ' � ILLI Y R ATTEST: � . ��` � _ , SHIRLEY A. PALA - CI Y CLERK t � ' ` a First Reading: October 6� 1986 ` ;i , Second Reading: October 20, 1986 • � Yublication: January 12, 1987 • ! , , _ � . , , i . , e �. � � . � � � . �� , . �. � � . . � . . ' M . . - - �� - V� ' " ��> �� ////p/ � 4�a`: „��C/ :^��_ � � �:+, Ct1Y OF FRIDLEY FRIDLEY �1UtiICIPAL CENTER •6-�31 UNIVERSITY AVE. N.E. FRIDLEY, MN 55-13?•(61?1571-3450• FAX (61_')571-1?K7 January 15, 1991 Mr. Virgil C. Herrick 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 Re: Land Title Summons #C5-84-58660 Independent School District No. 14, et al Dennis Addition and Gena-Rae Addition Dear Mr. Herrick: Attached are copies of the Land Title Summons that sent to the City that I spoke to you about today. Thank you for looking into this matter for the City. Very truly yours, Shirley A. Haapala City Clerk Enclosures BARNA, GUZY & STEFFEN, LTD. ATTORNEYS AT LAW ROBERT A.GUZY 3989 CENTRAI AVENUE N.E MICHAEL F.HURLEI' BERNARD E STEFFEN SUITE 600 THOMAS L DONOVAN RICHARD A.MERRILL MINNEAPOLJS,MN 55421-3985 PAMELA M.HARRIS ROBERT C.HYNES SHARON L HALL STEPHEN H.MUNSTENTEIGER KENNEfH A.AMDAHL RICHARD A.BEENS 612/788-�644 CHARLES M.SEYKORA RONAID 8.PETERSON FAX:612�/88-3305 WIWAM M.HANSEN DARRELL A.JENSEN JOAN M.THIEMAN JEFFREY S.JOHNSON BEYERLY K DODGE HUSSELL H.CROWDER DANIEL D.GANTER JON P.ERICKSON JOAN M.OUADE LAWRENCE R JOHNSON SCOTT M.LEPAK DAVID A.COSSI STEVEN L MACKEY THOMAS P.MALANE OF COUNSEL• PEfER BARNA _ NANGE R TH�SSEN January 8, 1991 �qWRENCE M.NAWROCIO PATENT,COPYRIGHT AND TRADEMARK LAW This law firm has been engaged to register the land described in the attached Land Title Summons being served upon you. A copy of the portion of the examiner's report pertaining to your interest is also attached for your information. The land � is is not being registered subject to your interest. If you have any questions regarding this Land Title Summons, you may contact the undersigned. Sincerely y r � � , / � ��; r ' �� , � �.�� Diane �fi�'rey . Legal A�sistant � DJC:cb Enclosures �,� STATE OF MINNESOTA No. C5-84-58660 DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT In the Matter of the Application of: Independent School District No. 14 , Anoka County, Minnesota, a corporation organized and existing under the laws of the State of Minnesota, and the ACRNOWLEDGMENT OF RECEIPT OF Cross Applications of LAND TITLE SIIMMONS Tor J. Gloppen, et. al. ; Robert E. Swanson; Carolyn L. Geyer; and Daniel P. Arnold and Holly C. Arnold To Register Title to Certain Land TO: City of Fridley The enclosed Land Title Summons is served pursuant to Rule 4 .05 of the Minnesota Rules of Civil Procedure. ' You must complete the acknowledgement part of this form and return one copy of the completed form to the sender within 20 days. Signing this Acknowledgment of Receipt is only an admission that you have received the Land Title Summons, and does not waive any other defenses. You must sign and date the acknowledgement. If you are served on behalf of a corporation, unincorporated association (including a partnership) , or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a Land Title Summons in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the Land Title Summons within 20 days. I,f you fail to do so, judgment by default will be taken against you for the relief demanded in the Land Title Summons. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Land Title Summons was mailed on January 8, 1991. L'!/G��Cit L;---�_7 "� i� �.t^ Signature William M. Hansen Barna, Guzy & Steffen, Ltd. 3989 Central Avenue NE Suite 600 Minneapolis, MN 55421 (612) 788-1644 January 8 1991 Date of signature ACRNOALEDGMENT OF RECEIPT OF LAND TITLE SUMMON3 I declare, under penalty of perjury, that I received a copy of the Land Title Summons in the above-captioned matter at 6431 University Avenue NE, Fridley Minnesota 55432. City of Fridl.ey , ; � By; ��/ i�i/,, � f l. � �r C�� _ 'Gt�C - Its: Cit Clerk �.- ��n,�C-Cl 2t /� ��/ Date/bf Sign�t e " . . � , . . •.. .~< :' �`~'�'' � , ' � _ . .: ' .. 'ti'i . ; �', � ' �.•'• -.�. • �- � ,:• � . . i. . . • � . �.. . . . . . . , . '� 'v ""rM�� "� Book 3 S at a e� 515 entry 43 -1/2; Martha��Cuic�a,in9s� p g , entry 46; . "� `'' � ' � �� '=�Grannis;� Book 93 at page 524, entr�• Minnie �C. Winthro and Louise�W. 52; John� H�:`�Lonc�, Book 5 at page 4 36, Book 9 at page 40 and Bool: 5 at page 437, entries 40, 41 .and 64, respectively; Milford A. Scheldrug,� Book 5 at page 436 and Book 9. at pag� 350, eztries 40 and 69, respectively; A.D. Kleinr.ian� B�ok 63 at page 221, eztry 5 ; Muriel D:. C1er�ens;� Book 234 at page 627, entry 123; Henry Schmid� and Gustav � A. Schmidt�, Book 185 at page 237. I recocrrnend said persons a�� defendanta�iso that there may be evidence at the hearina to supoort a � finding in the Decree that they have no interest in the within land. c. Lands not in=lu�ed in the Plat of CREEKRIDGE c•�hich adjoin tt:e r,ost westerly line of the subject �rer.u.ses were registered in Torrens Ca�es ATos. T-24 and T-410. Parts of said adjoining lands are in�lu�ed in the Plat of D�NNIS ADDITION anC GEATA-RA.E ADDZTION. Based on the un�erlying registered descriptions it appears of record trat the east lines of DENNIS A�DITIO!J, GENA-�AE ADDITION a*�d of Lots 6 and 14, "REVIS�D AUDITOR'S SUBDIVISION NU'"3ER 10" might form one cc.^.ti:�uous straiaht line. uowever, the Plat of CP.EEKRIDGE shows that the east line of DENNIS ADDITION has a bearing t!�at is 2 r�inutes 38 �econds different from the east line of Lot 6 an� 14 , "REVZSED AUD�'�OR'S SliBDIVISION NL'MB�R 10", and that the northeast corner of the Plat of GENA-R�E ADDITT_ON is 0.61 foo� east�rly of t`:e soutreast cor::�r o� said Lot 6 . The boLndary lines srawn on t'�e �lat of C�r:cRIDGE ap:ear to be based on fou.zd monu^entation. So that there r.tay be evid�nc� at the hearing to suppert a fiading �n the Decree that all the land in the Plat of GE:�A-R�.E ADDITION, DENNZS A�DZTT_ON azd in Lots 6 and 14 , "2EVISED AUDITOR' Sli�DIVISiON NU:�SBER 10" is registere�' , � lan�, and a furtner f?nding that th� weste=ly line of �he Plat of jt��'M� CRE=KP,_TDGE correctly shows the bou�dary line �et:•�een t?�.e west line of�� the Dlat of �CP.EE�RIDGE and the �ast li:.es cf the Plat of D�vNTS '� AJDITION, GENA-RA� ADDITION and of Lots 6 anc� 14 "REVISED AUDITOR'S S��'ti''''� SUSDZVISION rIUMSER 10" , as established by practical locatior., I ' receam�end as defendants the owners, encumbrancers and occucants of;� said adjoining tracts. Lot 1, DENNIS RDDITION is owned by Curtis� B.�. � Losch^�and Mary S. Loschy, lhusband and wife as joint tenants, Certificate of Title No. 44303, subject to ^:ortca^es in favor of 4 ��' �� ti a�' �'�' . -3- .��'" . .r . . • • • .� �1�� . •�.. . . . ' t:,`*. '`i .. . � � . �.1�' •'` �:W. ' , . . ' . . • . •'1;• �t�,. ��j:�� ` .. _ � . � . . . � . �• � • 4 ' ' • . � . . -' . . . ' ' : .. =r j. . �r'Y�• � ��f��%1. . , • :.��I�:/`�'��MA`f�� :y:f.' ".��.�t�I�ti�!"'� r, .. " �� Fiist� Fede�ra2� 'Savings� and �-Lo'an• Associat�'on'� of'Minneapol'is� Registrar � . ' � of Titles Doc. Nos. 96697 and 117978. Outlot 2, GENA-RAE ADDITION � is owned by .Ra�e'Lura Gottwald� Certificate of Title No. 53842, � subject to an interest claimed by City of Fridley� in Notice of Lis Pendens filed as Registrar of Tit?es Doc. No. 137830. The easterly parts of Lots 6 and 14, "REVISED AUDITOR' S SUBDIVISION _ NUMBER 10" and of Outlot A, DEN.`lIS ADDITIoN ae owned by Myron E. Ostlund� and Lillian� M. QstlLnd,� husband and wife as joint tenants, Certificate of Title No. 12317. � I recommend that a Notice� of Lis Pendens regarding this pro- --� r�� ceeding be filed on Certificates of Title *ios. 12317, 44303, and � ;� � 53842: The Ord d Decree o f Regis tra ti o n t o b e e r.t e r e d h e r e i n s h ou l o�i' cont�ir the follok�inq Order inserted immediatel� precedinS the Order ��.f'� �►'�� for RPQ� Stration �n the printed form of �h� Decree �ol?owing the � last fin3inq: , � �� NOW, THEP,EFORE, IT IS HEREEY OFDERED as follews : � ��-v�a� That the Notice of Lis Pendens filed as Registrar ��'�'�� • �of Titles Doc. No. (ir.sert Dec. tso. assigned by � Registrar of Titles to Notice of Li� Pender.s ; recommer.ded to be filed in this paragraph) is : hsre�y dischar;ed, and that tre Regi�trar of '. , Titles, u�on the filing k�ith hirr. of a certified �; copy of this Order, ' � 1. Show by by r+.erncrial on Certificates of � Title. Nos. 44303 and �3842 �hat the Notice of Lis Pendens filed as Registrar of Titles Doc. No. (ins�rt ��oc. No. assigned by Registrar o� Titles) is discharged; An3 that i: fut��re Certificates the ?tegistrar of Titles o:nit the me�:or�als of *lotice of Lis Pendens Doc. No. (insert Doc. � No. assigned by Registrar of Titles) and of . this Order; � 2. �how 'by memorial on Certificate �io. � 12317 .t?:at "the east lines of Lot 14 , "P.EVISED AUDZTrJR'S SUSDZVISION NUMPER 10" and of Outlot A, DENNIS P_DDITIQN, and the r�ost easterly line of Lot 6 "REVISED AUDITOR'S SUBDIVISI�N N[JMBER 10" , lie along the west lins Of R10Ck 2, CR�EKRIDGE. " . And that in future Certificates the Re3istrar , of Titles omit the memorial of Notice of Lis Pe.^.dens Doc. No. (insert Doc. No. assigned by Registrar of Titles) . � The r.aTes of the occupants shou2d be ascertained by Applicant' s attorney. _a_ " S — . ;. . .. � � .• . ' - - _�. l' •{r . • �a t •:• .. ' . .. • ,�, • • . . '" � ' f • �. ' . •• • .. (�• �♦ . .. , , , . " . . . • � �� . , � • �. . . .�� ' ' . � ;-� followinc conc�Ld�nQ s t �+��t • ,� � � ��,: � � �. : . . y''� To drainage and utility easements� as � set forth in � <;,. ,. '�;�-�. the dedication clause and as shown on said plat. �`� h. Village of Fridley acquired an easement for road purposes over part of the east 30 feet of the' Southwest Quarter of the .North- east Quarter of Section 13, Township 30, Range 24 by Deed� dedicating road��ay filed in 1953 and recorded in Book 290 at pages 72 and 73, entries 61 and 62, respectively. Said roadway lies within the part of the plat of CREERRIDGE dedicated as ARTHUP. STP.EET. I�recommend':CitY� of Fridley'y'as a defendant so that there may be eviderce at the �hearing ► to support a fi ts Qf the Citv of Fridley along the east side-o.£_th�Plat of ('.�3EE�."Tnr.F 1 f e w�i� ARTHUR STREET as d �n �aid Plat and a further 'finding that the Certificate of T�t� bP ent�re3 herein neesi not centai.rL� sQecific reference o Deeds recorded in Book 29Qs'�,t,��qes 72 a��_ Z3.. i. State of Minnesota acquired a flcwage easer�ent over Lot 3, AUDITOR'S SUBDIVISION NUMIIER 10 by instr�ament dated March 26, 1954 , filed April 14, 1954 and recorded in Book 306 at �age 299, entry 63. I recoiamend State of Minr.esota as a� defendanf:`so that there m�y be ' ev�dence at the hearin� '- t�=��rt- f inc3_inQ ��+ �� np�YPe as to �hat part of the land being reQ� stered herein is subject to said flo�•aqe easem_e_nt. The sub ' A ain y� a�pr �riate cor.cll:di�.c�sta�em�rlt�Aqarding th��e-�-asement. . ;. State of Minneseta conveyed Lot 4, AUDITOR'S SUBDIVISION NUMSER 10 into Applicant's chain of titZe by State Deed recorded in ecok 189' at page 152, entry al. Said Deed contained a reservation of minerals and mineral rights . The subiect clau�� f the �ecrae s�ould cont�in�h�fe��ew�� ^^^i„�;nq state�r.ent rectardi�q Gaid State - To a r�servation by the State of Minnesota of �r.inerals and mineral rights, as to those parts of Lots 1 and 2A, Block l; Lots 1,2, 3,4,5A, 6A, 8,9, 11,12,?3 and 14, Block 2; and ?�ots '2, 3,4, 5, 6 and 7, Bloc�c 3; lying within the tract known as Lot 4, AUDITOR'S SUBDIz1ISION rUM3ER 10. I recommend State of Minnesota as a defendant. • k. The abstract discleses at entry 149 certain judgments . against Robert Nelson. The judgments were acq•�ired in 1975� 1979 � _�_ - , . -. STATE OF MINNESOTA � � �+:�. • , • •.• • � � � � . COUNTY OF ANOKA � ' ' . . • Oi5�RICT COURT _ . �TENTHJUOICIAlO15TRICT a CSi��Sb00 � . ln Re�tne Mifter ol the ApDliutloA of In - Otpentlent ScMol Oislrlcl No.11.Anoka CWnty, Minnewta, a Corpwafion orpaniitd antl ta� istinp untler t�e laws ol tl+e State ol Minnesofa �nd tne Cross Appllc�tions ol Tor J. Gtoppen, et. e�: �naert E. Swanson: Grolyn L.Geyer, sntl Oa��t� P. A�noltl anA Nolly C. ArnOltl to repister tne title to tht IOUOwinp tlescribed real estate si�wteG fn Anoka Counly. Mlnnesola, Mmely: • lots 1,tA,SA,AA,anE 7,Blxk 1: Lots 1.7.7,�.SA.6A.7.�.9.10.11,lt.17.It. �nd IS.B1xk 7; Lo1S I.2.7,�.S.6.�n0 7.BlOtk�: all in CREEKRIDGE, Anoka County, Min nesoN Applicant vs. - MNena Morris:Rosen�s A.Munter.Minnie C. WiMArop: Louise Cumminqs: M�rtha J. Cum� minps;Antlrew M.Munter; Louise W.Gr�nnis: WiI1Nm O.Lonq:Sabra R.Lonp:Jene T.Lonq: Alves Lonq: Eliisbelh S. PorcMer; Millord A. � Scheldrup; Roberf J. Kleinman; Howard F. Kleinman: lwr�ine C. Andres: Elitabeth J. Odtauq also known as Eliiabelh J.Slorey: Bar� Dara A.Novak;t1ro unknown heirs ol MarMa A. Kleinman, tleceaseG; Muriel D. Clemens: MenrY A. Schmitll: Gustav A. Schmidt: Curtis B. Loscny; Mary S. Loscny: First Minnesota � Savinqs Bank: �N�r ol FrWMy: Myron E. Ostlund: LIIIian M. Ostlund; Gwen Ellen OStlund; Robert O. Nelson; Doris L. Ntlson: Donaitl C. Clemens: State ol Minnewta; First Bank National Association, a national bsnkinq assoclatio�; Teac�er Fetlerations Credit Unio�. a Minnesofa caporation; Meridian Mortqape Corporafion: FeGeral Homt LOAn MOrtqaqe Corporation. • United States cwpontion: Flrstar St. Anthony Bsnk: TCF Bank Sevinqs Isb, a UnifeO States ol America cwporation; Slate Bank ol New Praque, a Minnesola cor� poration; Crosstown State Bank ol Mam Lake, Inc.,�MinneSota corporafion;United MOrtqepe Capor�lion, a MinnesoN corpor�Non: St�m dartl Fetleral S�vinqs L Loan Associstlon, a Marytantl corporation: MitlFirsl Bank, Statt Savinps Bank; TCF Morlqaqe Corporation: . Plrst Wiuonsin Trust Company, as trustee; Unlied FeAer�l Savinps Ba�k ol lowa: �uval Fe0er�1 Savinqs an0 Luan Associ�tion of JaCksonvillt, a United StateS ol America cOr� poralfon: City �nd County Employees Cretlit � Union: Marqaretten i Company, Inc., a New JerxY corpOratlpn; InveStors S�vinps Bank, F.S.B.,a United Sfates ol Amerlca corporation: M�rpuette Benk Brooklyn Perk, a Minnesota corporatio�: Marqvette Bank Golumbfa Meiq�tS, a Minneiota COr00ratiOn: The Phi�aOelphia S�vinqs Fund Salety, a State Chartered Stak He10 Savinps Bsnk; Security Pacilic Financial Services, Inc.: Coo� Rap�ds Clinic; P�ichin Appr�isals, Inc., • Minnesota corporalion: Nortn Star Collection ServiteS, Inc.. sssl9nee ol Mercy Metlical Center; � Ricnartls 6 Gurstetle. O.D.S.. P.A.: Black Forest Co�Oominium Assoclation: Garsten Manayemmt Corporafion: Lakewinds As�xla- tion: aiso au nNrs and devisees ol any ol �he above named persons who •re tleceased; end •II other persons or parfies unknown,tlaiminq •ny riq�f, Iitle, estate, lien or interest in tlle resl eStale OeXriDld In t�e Applicafion or amintlmenlS hefeln. OtllndantS THE STATE OF MINNESOTA TO THE ABOVE NAMEDDEFENDANTS: You are he�eby summonetl and required to answer the Applic�tlon of Ihe Applicant in the aDove enlitletl procee0lnq and to lile your an� swer to t�e said Applfcatlon in the ollice ol the court e0ministrator ol saitl Court,In said coun� ty,wlf�ln 70 days�Iter xrvice of this Summons upon you exclusive ol ihe tlay ol Such Slrvice. and il you Isil to s�swer the Applicetion within t�e fime atoresaitl, fne ADD��ant in fhis pro� Ceetlinq will apply to i�e Court lor Ihe relief OcmanCed inereia � �s•WilfiamM.HanSen William M.Hansen Aftorney 1a applitanl B�rna,Guty.Merrill i Hynes,�td. r�0 Centril Avenul.N.E. Minneapolis,MN SS�71 (A111 7!l�I611 WITNESS.Jane F.Mprrow,Court Atlminislrat0/,and iPe flal t8ereol.el Anoka in said � Gounty,this 1th day ol ' December,1990. By�S�Donnd M.Georp! . DeDuty abcOelqhijklmnopqrsfUvwYyi � PubliShttl in AnOk�CO.Union Dec.71.7�.1190 an0 Jan.�.1991