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PS03-05 KLEIN INNSBRUCK CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: Plat Lot Split PROPERTY INFORMATION: (site plan required for submittal, seer"K tached) Address: i4 j V\ (�%I n [A*t' "' C/L V 1� �k f/ Property Identification Number: Legal Description: Lot Block Tract/Addition I Current Zoning: s ✓ S uare footage/acreage: Reason for S bdivisionU' i"IAJ L 611 114 Have you operated a business in a city which required a business license? Yes No If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No i ---------------------------------------------------------------------------- FEE OWNER INFORMATION (as it appears on the property title) i(Contract urcha ers: Fee wners(Imust sign this form prior to processing.) NAME: I _- ADDRES DAYTIME PHONE: SIGNATURE/DATE: PETITIONER INFORMATION~~~~s~~~~~~~1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.v~~~~~ NAME: V k 1 ^{ rAll ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: FEES �. h/o Fee. �.. Plat: $500.00 for 20 Lots, $15.00 for each additional lot Tota! Fee: Lot Split: $250.00 — Receipt Received By: Application Number: PS 110.1- OS Scheduled Planning Commission Date: -5epp-. 1r7; 03 Scheduled City Council Date: 0 10 Day Application Complete Notification Date: 2 54 03 60 Day Date: 13, &3 City of Fridley Land U Application P 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 1 21-40 Days 50-60 Days i Approved, Action Taken Letter Application Complete i ' 10 Day Notice Tabled, 60 More Days i Submit Complete Public Hearings: Application and Variance ; L—[Denied Materials Vacations o Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits i Sun .�� c o q -Q3--6Y City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday,October 6,2004,at 7:30 p.m. for the purpose of: Consideration of a Land Exchange and necessary utility easement vacation, by the City of Fridley,to allow the exchange of property in order to correct an encroachment on City owned land,gen- erally located at 1419 West Danube Road and Farr Lake Park,legal descrip- tion is as follows: 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County,Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and utility ease- ment lying southwesterly of and adjacent to the northeasterly line of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDI- TION. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Stacy Stromberg,Planner,at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572- 3500 no later than October 1, 2004. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Published: September 23,2004 (Sept.23,2004)f2/ps-03-05-cc PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 6, 2004, at 7:30 p.m. for the purpose of: Consideration of a Land Exchange and necessary utility easement vacation, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land, generally located at 1419 West Danube Road and Farr Lake Park, legal description is as follows : 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2" ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 23, 2004 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1419 West Danube Road and Farr Lake Park. CASE NUMBER: Vacation, SAV #04-04, and Plat, PS #03-05 APPLICANT: City of Fridley Petitioner or representative must attend the Planning Commission meeting. PURPOSE: Consideration of a Land exchange and necessary utility easement vacation, to allow the exchange of property in order to correct an encroachment on City owned land. LOCATION OF 1419 West Danube Road and Farr Lake Park PROPERTY AND LEGAL 1419 Danube Road: DESCRIPTION: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota AND: Utility Easement Vacation: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 6, 2004, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: September 23, 2004 City of Community Develoment Department Fridley Public Hearing Notice E9 C B e � mm� � Interstate 694 i FIR - LEGEND N sources: Fridley Engineering Fridley GIS Vacation Request #04-04 Anoka County GIS City of Fridley & Bredan and Cheryl Klein Map Date: 9/23/04 Sun Fags - q" -63 City of Fridley Legal Publication PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, September 17, 2003, at 7:30 p.m.for the purpose of: Consideration of a Preliminary Plat, PS #03-05,,by the City of Fridley,to allow the exchange of property in order to correct an encroachment on City owned land,generally located at 1419 West Danube Road and Farr Lake Park,legal description is as follows: 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka _ County,Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572.3599. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than September 10,2003, The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION (September 4,2003)F2/PS#03-05 l r PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, September 17, 2003, at 7 :30 p.m. for the purpose of : Consideration of a Preliminary Plat, PS #03-05, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land, generally located at 1419 West Danube Road and Farr Lake Park, legal description is as follows : 1419 Danube Road: Lot 13 , Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than September 10, 2003 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 4 , 2003 r CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1419 West Danube Road and Farr Lake Park. CASE NUMBER: Preliminary Plat, PS #03-05 APPLICANT: City of Fridley Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To allow the exchange of property in order to correct an encroachment on City owned land. LOCATION OF 1419 West Danube Road and Farr Lake Park PROPERTY AND LEGAL 1419 Danube Road: DESCRIPTION: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, September 17, 2003, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than September 10, 2003. The TDD # is 763-572- 3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: September 4, 2003 City of Plat Request Fridley #03-05 W N Innsbruck B] FTTTI a E l B _J Ia Interstate 694 CL------ LEGEND N Sources: A Fridley Engineering Fridley GIS City of Fridley Anoka County GIs Map Date: 9/5/03 BAKKEN DORIS J BREITBARTH KARL D & NYE R A CADIEUX RONALD PO BOX 384360 5477 E DANUBE RD NE 667 45TH AVE NW WAIKOLOA,HI 96738 FRIDLEY,MN 55432 COLUMBIA HEIGHTS,MN 55421 CLOVER THOMAS R & PEGGY J CURRENT RESIDENT CURRENT RESIDENT 5444 W BAVARIAN PASS NE 1418 W DANUBE RD NE 1510 N INNSBRUCK DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5426 W BAVARIAN PASS NE 5466 W BAVARIAN PASS NE 5497 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 DAHER MICHAEL D & LINDA S FRIDLEY CITY OF HERDENDORF BOYD G & MEGAN F 1410 W DANUBE RD NE 6431 UNIVERSITY AVE NE 5467 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HOKANSON LARRY HOLLY MICHAEL & MARY TRUSTEES HUISENGA RICHARD D & LINDA 1420 W DANUBE RD NE 1417 W DANUBE RD NE 1412 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 INNSBRUCK NO TOWNHOUSE ASSN JUNGQUIST JEROME K KLEIN BRENDAN M & CHERYL A 5306 MEISTER RD NE 5547 E DANUBE RD NE 1419 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 KRAUSE DONALD B & BETTY A LINDSTROM THOMAS N & LINDA J MANGALICK AMIR-CHAND & S 1503 S BAVARIAN PASS NE 1408 W DANUBE RD NE 1415 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 NESS DONALD S NEWGAARD DAVID G & GERALDEAN A OLSEN D & P & HUME M 10590 RADISSON RD NE 1505 S BAVARIAN PASS NE 5457 E DANUBE RD NE BLAINE,MN 55434 FRIDLEY,MN 55432 FRIDLEY,MN 55432 OLSRUD HAROLD J & CORRINNE SCHROEDER RICHARD F & G A B SWANSON DAVID A& MARILEE D 1521 S BAVARIAN PASS NE 5497 DANUBE RD E 5446 W BAVARIAN PASS NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SWORSKY C M ULVENES ANDREW D WEISS ANN K& BRIAN E 1411 W DANUBE RD NE 5464 W BAVARIAN PASS NE 1414 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ZOWNIROWYCZ ROMAN & LESLIA 5527 E DANUBE RD NE FRIDLEY,MN 55432 243024410048 243024410048 243024430040 INNSBRUCK NO TOWNHOUSE ASSN CURRENT RESIDENT OLSEN D&P&HUME M 5306 MEISTER ROAD 5306 MEISTER RD NE 5457 E DANUBE RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY,MN 55432 243024440117 243024430041 243024430042 INNSBRUCK NO TOWNHOUSE ASSN SWORSKY C M MANGALICK AMIR-CHAND&S 5306 MEISTER ROAD 1411 W DANUBE RD NE 1415 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 243024430043 243024430044 243024440099 HOLLY MICHAEL&MARY TRUSTEES KLEIN BRENDAN M&CHERYL A CADIEUX RONALD 1417 W DANUBE RD NE 1419 W DANUBE RD NE 667 45TH AVE NW FRIDLEY, MN 55432 FRIDLEY, MN 55432 COLUMBIA HEIGHTS,MN 55421 243024440099 243024440100 243024430050 CURRENT RESIDENT ULVENES ANDREW D LINDSTROM THOMAS N&LINDA J 5466 W BAVARIAN PASS NE 5464 W BAVARIAN PASS NE 1408 W DANUBE RD NE FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRIDLEY, MN 55432 243024430036 243024440101 243024430049 FRIDLEY CITY OF SWANSON DAVID A&MARILEE D DAHER MICHAEL D&LINDA S 6431 UNIVERSITY AVE NE 5446 W BAVARIAN PASS NE 1410 W DANUBE RD NE FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRIDLEY, MN 55432 243024440102 243024430045 243024430048 CLOVER THOMAS R&PEGGY J HOKANSON LARRY HUISENGA RICHARD D&LINDA 5444 W BAVARIAN PASS NE 1420 W DANUBE RD NE 1412 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY, MN 55432 FRIDLEY,MN 55432 243024440103 243024440103 243024430047 BAKKEN DORIS J CURRENT RESIDENT WEISS ANN K&BRIAN E PO BOX 384360 5426 W BAVARIAN PASS NE 1414 W DANUBE RD NE WAIKOLOA, HI 96738 FRIDLEY, MN 55432 FRIDLEY,MN 55432 243024430046 243024430046 243024430036 NESS DONALD S CURRENT RESIDENT CURRENT RESIDENT 10590 RADISSON RD NE 1418 W DANUBE RD NE 1510 N INNSBRUCK DR NE BLAINE, MN 55434 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024440105 243024440106 243024440107 KRAUSE DONALD B&BETTY A NEWGAARD DAVID G&GERALDEAN A OLSRUD HAROLD J&CORRINNE 1503 S BAVARIAN PASS NE 1505 S BAVARIAN PASS NE 1521 S BAVARIAN PASS NE FRIDLEY,MN 55432 FRIDLEY, MN 55432 FRIDLEY,MN 55432 243024420074 243024420075 243024430037 JUNGQUIST JEROME K ZOWNIROWYCZ ROMAN&LESLIA SCHROEDER RICHARD F&G A B 5547 E DANUBE RD NE 5527 E DANUBE RD NE 5497 DANUBE RD E FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY,MN 55432 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 6, 2004, at 7 : 30 p.m. for the purpose of: Consideration of a Land Exchange and necessary utility easement vacation, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land, generally located at 1419 West Danube Road and Farr Lake Park, legal description is as follows : 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 23, 2004 RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM F.HUEFNER RUSSELL H.CROWDERA BRADLEY A.KLETSCHER JON P.ERICKSON IDKRISTI R.RILEY THOMAS P.MALONE WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, Guzy & Steffen, Ltd. JENNIFER C.THULIEN SMITH DOUGLAS G.SAUTER KARIN E.SIMONSON HERMAN L.TALLE ATTORNEYS AT LAW MATTHEW A.KOROGI CHARLES M.SEYKORA 400 Northtown Financial Plaza EDWARD(TED)P.SHEU DANIEL D.GANTER,JR. BEVERLY K.DODGE 200 Coon Rapids Boulevard Redred JAMES D.HOEFT Minneapolis, MN 55433-5894 ROBERT A.GUZY JOAN M.QUADE JOHN T BUCHMAN (763) 780-8500 FAX (763) 780.1777 BERNARD E.STEFFEN SCOTT M.LEPAK 1-800-422-3486 1931-2002 www.bgslaw.com Writer's Direct Line: (763) 783-5124 Internet E-Mail Address: sthorson@bgslaw.com July 2, 2003 Jon H. Haukaas Public Works Director City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 RE: Klein Property at 1419 W. Danube Road N.E. Our File No. 46644-002 Dear Mr. Haukaas: I am enclosing three sets of copies of the June 26, 2003 survey conducted by Kurth Surveying for the purposes of describing the land areas that are to be exchanged between the City and Mr. and Mrs. Klein. Please examine the survey and the descriptions and then let me know if these are acceptable. If they are, I will proceed with the preparation of the necessary deeds. Thank you. Sincerely, BARNA, GUZY& STEFFEN, LTD. 4 4— et,t% — Steven G. Thorson SGT/has Enc. cc: Mr. and Mrs. Brendan Klein (w/enc.) Established 1938-An EOE/AA Employer L , i RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM E.HUEFNER 'ID)G S RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON P.ERICKSON KRISTI R.RILEY THOMAS P.MALONE WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, >Guzy & Steffen Ltd. JENNIFER C.THULIEN SMITH DOUGLAS G.SAUTER KARIN E.SIMONSON HERMAN L.TALLE ATTORNEYS AT LAW MATTHEW A.KOROGI CHARLES M.SEYKORA 400 Northtown Financial Plaza EDWARD(TED)E SHEU DANIEL D.GANTER,JR. BEVERLY K.DODGE 200 Coon Rapids Boulevard Retired JAMES D.HOEFT Minneapolis,MN 55433-5894 ROBERT A.GUZY JOAN M.QUADE p ' JOHN TBUCHMAN (763) 780-8500 FAX (763) 780-1777 BERNARD E.STEFFEN SCOTT M.LEPAK 1-800-422-3486 1931-2002 www.bgslaw.com Writer's Direct Line: (763) 783-5124 Internet E-Mail Address: sthorson@bgslaw.com August 12, 200 fA-L5 Jon H. Haukaas — Public Works Director rest) ( uo� `F - �►� City of Fridley " 6431 University Avenue N.E. w Fridley, MN 55432 5"' ""�' RE: Klein Property at 1419 W. Danube Road N.E. Our File No. 46644-002 Dear Mr. Haukaas: Enclosed is a proposed Resolution for the City regarding this matter.. Please review this and let me know if I have omitted anything essential. Thank you. Sincerely, BARNA, GUZY & STEFFEN, LTD. Z41- U Steven G. Thorson 7 SGT/ckg Enc. cc: Mr. and Mrs. Brendan Klein (w/enc.) Randy Kurth, Kurth Surveying, Inc. 208828_1 Established 1938-An EOE/AA Employer RESOLUTION NO. RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN AND APPROVING THE VACATING OF AN EASEMENT. WHEREAS, the City of Fridley ("the City") and Brendan M. Klein and Cheryl A. Klein ("the Kleins")have discovered that the Kleins are occupying a small portion of City property and the City is occupying a small portion of the Kleins' property; and WHEREAS, Kleins are the fee owners of Lot 13, Block 1, Innsbrook North 2nd Addition, Anoka County, Minnesota, and occupy that portion of the City property described as "Proposed Tract A" on the attached Exhibit A; and WHEREAS, the City is the fee owner of Outlot E, Innsbrook North, Anoka County, Minnesota, and the City occupies that portion of the Kleins' property described as "Proposed Tract B" on the attached Exhibit A; and WHEREAS, the two parcels of land are of approximately the same size; and WHEREAS, it is of mutual benefit to the City and the Kleins to simply exchange deeds for the fee title to the respective parcels; and WHEREAS, the 10-foot drainage and utility easement created by the plat of Innsbrook North 2nd Addition, lying southwesterly of and adjacent to the northeasterly line of the Kleins' property, Lot 13, Block 1, Innsbrook North 2nd Addition, is no longer necessary and should be vacated; and WHEREAS, the City found and continues to find that the proposed land exchanges are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED: i. I hat the;.1'y Gi3iI'vi y ;J file i�I�iii� llt�i reid }+I+JpCri v ::C i(r:if:i as, �+YIU�+Ii�f Ci I i'aLL A ' 1311 the attached Exhibit A, which is attached hereto and incorporated by reference herein. 2. That the City vacate the platted drainage and utility easement 10 feet in width, lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, Innsbrook North 2nd Addition, Anoka County, Minnesota. 3. That the City accept from Kleins the conveyance of the real property described as "Proposed Tract B" on the attached Exhibit A, which is attached hereto and incorporated by reference herein. 4. That the Mayor and City Manager are authorized to execute on behalf of the City any and all such documents and instruments as may be necessary to effect the foregoing on behalf of the City. The foregoing Resolution was Adopted by the City Council of Fridley, Minnesota, at its regular scheduled meeting of , 2003. Scott Lund, Mayor ATTEST: Deb Skogen, City Clerk 208827_1 2 Stromberg, Stacy From: Steven Thorson [sthorson@bgslaw.com] Sent: Wednesday, October 01, 2003 3:26 PM To: Stromberg, Stacy Cc: Haukaas, Jon Subject: RE: Klein Plat Stacy: "Plat?" I thought we were exchanging quit claim deeds using the metes-and-bound descriptions prepared by Kurth. A plat is really not necessary to accomplish what needs to be done here. Steve Thorson >>> "Stromberg, Stacy" <StrombergS@ci.fridley.mn.us> 10/01/03 02 :56PM Steve - We will be sending you an action taken letter stating that the City Council approved the preliminary plat. Next you will need to bring the plat to Anoka County to have it reviewed and approved. After they approve it, you prepare the final mylars and submit them to us. We will then get it on the City Council ' s agenda for final plat approval. We have the resolution you sent, so we'll just be waiting until we get the final mylars. Let me know if you have any questions. Thank you. Stacy Stromberg, Planner City of Fridley 6431 University Avenue NE Fridley MN 55432 Phone: 763-572-3595 Fax: 763-571-1287 strombergs@ci.fridley.mn.us -----Original Message----- From: Steven Thorson [mailto:sthorson@bgslaw.com] Sent: Tuesday, September 30, 2003 10:07 AM To: Stromberg, Stacy Subject: Re: Klein Plat Stacy: Kleins report that the city council has approved the exchange of lands. What do you need from us to complete this process? Steve Thorson >>> "Stromberg, Stacy" <StrombergS@ci.fridley.mn.us> 09/12/03 03 :41PM Attached is a copy of the staff report you requested. 1 «03-05 (Cityand Klein-memo) .doc>> Stacy Stromberg, Planner City of Fridley 6431 University Avenue NE Fridley MN 55432 Phone: 763-572-3595 Fax: 763-571-1287 strombergs@ci.fridley.mn.us ********** Steven G. Thorson Barna, Guzy & Steffen, Ltd. , Suite 400 / Northtown Financial Plaza 200 Coon Rapids Boulevard N.W. Minneapolis, MN 55433-5894 Direct Dial: 763-783-5124 Main Office: 763-780-8500 Toll Free Office: 800-422-3486 Office Fax: 763-780-1777 Cellular/Pager: 612-805-9840 Office E-Mail: sthorson@bgslaw.com Web Site: www.bgslaw.com This electronic mail transmission may be a privileged and confidential attorney-client communication. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling sender at one of the telephone numbers shown above so that our e-mail address records can be corrected. Thank you. Disclaimer Regarding Uniform Electronic Transactions Act (Minn. Stat. sections 325L.01--325L.19 [Minn. Sess. Laws 2000, Ch. 371] ) ["UETA"] . If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication: contract formation in this matter shall occur only with manually-affixed original signatures on original documents. ********** 2 i` Stromberg, Stacy From: Steven Thorson [sthorson@bgslaw.com] Sent: Wednesday, October 01, 2003 3:54 PM To: Stromberg, Stacy Cc: Haukaas, Jon Subject: RE: Klein Plat Stacy: I have reviewed the file and the Council Resolution I prepared. There is no mention of platting in those things. Here is what I think we need to complete this process: 1. Quit Claim Deed from Kleins, co-signed by their mortgage lender, for the parcel coming to the city. 2 . Quit Claim Deed from the City to Kleins for the parcel coming to Kleins. 3 . A County Auditor's Combination Request Form for Kleins to combine their residue parcel with the parcel received from the City into one new Property Identification Number. Their mortgage lender will no doubt require a Mortgage Modification Agreement reflecting the new, combined description, but that does need to hold up business between Kleins and the City. Will you need a title opinion from me or does your city attorney prepare title opinions in these circumstances? Steve Thorson >>> "Stromberg, Stacy" <StrombergS@ci.fridley.mn.us> 10/01/03 02 :56PM Steve - We will be sending you an action taken letter stating that the City Council approved the preliminary plat. Next you will need to bring the plat to Anoka County to have it reviewed and approved. After they approve it, you prepare the final mylars and submit them to us. We will then get it on the City Council's agenda for final plat approval. We have the resolution you sent, so we'll just be waiting until we get the final mylars. Let me know if you have any questions. Thank you. Stacy Stromberg, Planner City of Fridley 6431 University Avenue NE Fridley MN 55432 Phone: 763-572-3595 Fax: 763-571-1287 strombergs@ci.fridley.mn.us -----Original Message----- From: Steven Thorson [mailto:sthorson@bgslaw.com] Sent: Tuesday, September 30, 2003 10:07 AM 1 To: Stromberg, Stacy Subject: Re: Klein Plat Stacy: Kleins report that the city council has approved the exchange of lands. What do you need from us to complete this process? Steve Thorson >>> "Stromberg, Stacy" <StrombergS@ci.fridley.mn.us> 09/12/03 03 :41PM Attached is a copy of the staff report you requested. «03-05 (Cityand Klein-memo) .doc>> Stacy Stromberg, Planner City of Fridley 6431 University Avenue NE Fridley MN 55432 Phone: 763-572-3595 Fax: 763-571-1287 strombergs@ci.fridley.mn.us ********** Steven G. Thorson Barna, Guzy & Steffen, Ltd. , Suite 400 / Northtown Financial Plaza 200 Coon Rapids Boulevard N.W. Minneapolis, MN 55433-5894 Direct Dial: 763-783-5124 Main Office: 763-780-8500 Toll Free Office: 800-422-3486 Office Fax: 763-780-1777 Cellular/Pager: 612-805-9840 Office E-Mail: sthorson@bgslaw.com Web Site: www.bgslaw.com This electronic mail transmission may be a privileged and confidential attorney-client communication. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling sender at one of the telephone numbers shown above so that our e-mail address records can be corrected. Thank you. Disclaimer Regarding Uniform Electronic Transactions Act (Minn. Stat. sections 325L.01--325L.19 [Minn. Sess. Laws 2000, Ch. 371] ) ["UETA"] . If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication: contract formation in this matter shall occur only with manually-affixed original signatures on original documents. ********** 2 RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM F.HUEFNER RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON P.ERICKSON GS KRISTI R.RILEY THOMAS P.MALONE T WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, >Guzy & Steffen Ltd. JENNIFER C.THULIEN SMITH DOUGLAS G.SAUTER KARIN E.SIMONSON HERMAN L.TALLE ATTORNEYS AT LAW MATTHEW A.KOROGI CHARLES M.SEYKORA 400 Northtown Financial Plaza EDWARD(TED)P.SHEU DANIEL D.GANTER,JR. BEVERLY K.DODGE 200 Coon Rapids Boulevard Retired JAMES D.HOEFT Minneapolis, MN 55433-5894 ROBERT A.GUZY JOAN M.QUADE JOHN T.BUCHMAN (763) 780-8500 FAX (763) 780-1777 BERNARD E.STEFFEN SCOTT M.LEPAK 1-800-422-3486 1931.2002 www.bgslaw.com Writer's Direct Line: (763) 783-5124 Internet E-Mail Address: sthorson@bgslaw.com December 10, 2003 Scott Hickok Community Development Director City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 RE: Replatting of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION Property located at 1419 West Danube Road Your File No. PS03-05 Our File No. 46644-002 I Dear Mr. Hickok: Enclosed is a copy of my title opinion addressed to the City, the Kleins and their two mortgage lenders. Please advise if this title opinion is in acceptable form for the City's purposes. I am dealing with two different Wells Fargo entities with respect to the two mortgages, and it may take a few weeks to obtain the consents to plat that I need to obtain from each of them. Please advise if there are any further submittals that are needed from Kleins at this time. Thank you. Sincerely, BARNA, GUZY & STEFFEN, LTD. IV Steven G. Thorson SGT/ckg Enc. cc: Brendan and Cheryl Klein 2231761 Established 1938-An EOE/AA Employer 1 RICHARD A.MERRILLSTEVEN G.THORSON DARRELL A.JENSEN ID fo**' S ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM F.HUEFNER RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON P.ERICKSON KRISTI R.RILEY THOMAS P.MALONE WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, >Guzy & Steffen Ltd. JENNIFER C.THULIEN SMITH DOUGLAS G.SAUTER KARIN E.SIMONSON HERMAN L.TALLE ATTORNEYS AT LAW MATTHEW A.KOROGI CHARLES M.SEYKORA 400 Northtown Financial Plaza EDWARD(TED)P.SHEU DANIEL D.GANTER,JR. BEVERLY K.DODGE 200 Coon Rapids Boulevard Retired JAMES D.HOEFT Minneapolis,MN 55433-5894 ROBERT A.GUZY JOAN M.QUADE JOHN T.BUCHMAN (763) 780-8500 FAX (763) 780-1777 BERNARD E.STEFFEN SCOTT M.LEPAK 1-800-422-3486 1931.2002 www.bgslaw.com December 8, 2003 TITLE OPINION TO: Brendan Matt Klein and Cheryl A. Klein City of Fridley 1419 West Danube Road N.E. 6431 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Wells Fargo Home Mortgage, Inc. Wells Fargo Bank, NA 7495 New Horizon Way 18700 N.W. Walker Road, Bldg. #92 Frederick, MD 21703 Beaverton, OR 97006 Attention: Nicole C. Maggio Attention: Subordination Unit MAC X3902-01 M MAC P6051-019 RE: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, according to the map or plat thereof on file and of record in the office of the county recorder in and for Anoka County, Minnesota I do hereby certify that I have on this date examined the Abstract of Title to the above-referenced premises, which Abstract of Title contains 188 entries and was certified to July 31, 2003, at 7:00 a.m., by Old Republic National Title Insurance Company. From said Abstract and the entries and searches therein recorded, I am of the opinion that on said date, good and marketable title to said property rested in fee in: Brendan Matt Klein and Cheryl A. Klein, husband and wife, as joint tenants. The same is free and clear of any and all liens, encumbrances or other exceptions, except: 1. Mortgage. Subject to that certain Mortgage by and between Brendan M. Klein and Cheryl A. Klein, husband and wife, as mortgagors, and Wells Fargo Home Mortgage, Inc., a California corporation,as mortgagee,dated October 29,2002,recorded November 27,2002, as Document No. 1735857, in the original amount of$187,000.00. [Entry No. 185 of the Abstract of Title]. Established 1938-An EOE/AA Employer Brendan Matt Klein and Cheryl A. Klein;City of Fridley December 8 2003 PAGE 2 REQUIREMENTS FOR PLATTING AND RECORDING: a. It will be necessary for the Mortgagee to execute a recordable Consent to Plat. b. It will be necessary for the dedication clause on the plat to identify Mr. Klein as Brendan Matt Klein also known as Brendan M. Klein. 2. Mortgage. Subject to that certain Mortgage by and between Brendan Matt. Klein and Cheryl A. Klein, husband and wife, as mortgagors, and Wells Fargo Bank, NA, as mortgagee, dated June 24, 2003,recorded July 14, 2003, as Document No. 1823256, in the original amount of$30,000.00. [Entry No. 186 of the Abstract of Title]. REQUIREMENTS FOR PLATTING AND RECORDING: It will be necessary for the Mortgagee to execute a recordable Consent to Plat. 3. Easements for Drainage and Utility Purposes. Subject to an easement for drainage and utility purposes 10 feet in width, lying adjacent to the southwesterly, the southerly, and the northeasterly lines of the subject property, in favor of the public, as shown by the plat of INNSBRUCK NORTH 2ND ADDITION,dated November 21, 1972,recorded January 11, 1973, in Book 11 of Plats on page 8, as Document No. 382364 [Entry No. 138 of the Abstract of Title]. REQUIREMENTS FOR PLATTING AND RECORDING: a. As easement holder, it will be necessary for the City of Fridley to join in the execution of the plat. b. It will be necessary for the City of Fridley to pass a Resolution in recordable form vacating that portion of the platted easement described as follows: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITIQN. The Resolution vacating this easement must be recorded prior to the recording of the plat. 4. Easements for Bikeway and Walkway Purposes. Subject to an easement for bikeway and walkway purposes over the easterly portion of the subject property, in favor of the City of Fridley, as more fully described in that certain Quit Claim Deed, dated July 21, 1982" recorded October 8, 1982,as Document No. 599060 [Entry No. 169 of the Abstract of Title; copy attached as Exhibit "A"]. Since this easement is entirely within the portion of the subject property that will be deeded to the City of Fridley (Tract B on the survey by Kurth Surveying, Inc., dated 6-26-03, a copy of which is attached as Exhibit "C"), title to the easement will merge into the fee title. This easement is also depicted on the attached Exhibit Brendan Matt Klein and Cheryl A.Klein;City of Fridley December 8 2003 PAGE 3 5. Variance. The subject property has been granted a variance by the City of Fridley for a larger-than-normal addition to the garage as shown by that certain instrument dated November 15, 1996, recorded November 19, 1996, as Document Number 1252240 [Entry 180 of the Abstract of Title]. 6. Taxes. Subject to the 2003 real property taxes in the amount of$2,281.21 which have been paid in full (see the attached Exhibit "B.") [PIN 24-30-24-43-0044.] 7. Special Assessments. Subject to special assessments, if any. The abstract is not certified for special assessments. 8. Survey. Subject to any matters disclosed by another accurate survey of the premises. 9. Ordinances and Laws. Subject to the recorded and unrecorded ordinances and regulations of regulating the use and subdivision of the subject property. The most recent certification of the Abstract excluded recorded ordinances and regulations. Subject to other local government regulation of the premises, including zoning and subdivision laws, building regulations,historic preservation laws,laws protecting native American archeological sites, and environmental laws. Subject to the effects of the violation of any law, ordinance, or regulation. Subject to the forfeiture and seizure laws of the United States and of the state of Minnesota. 10. Hazardous Waste. Subject to the possibility of unrecorded liens for the removal and disposal of hazardous substances as defined by state or federal law. 11. Persons in Possession. Subject to the rights or claims of any persons or party who might be in possession of any portion of the property. Persons in possession of real property in Minnesota do not need to publicly record or file any notice or their rights in the property. Inquiry should be made of any person in possession of any portion of the property to determine their claimed interest in the property. 12. Liens. Subject to the lien rights of any person or party who might have furnished labor or material to the property within the past 120 days. (Mechanics liens under MINN. STAT. §514.01 et seq.) REQUIREMENTS FOR PLATTING: It will be necessary for the fee owners to provide the City of Fridley with a sworn affidavit at closing attesting that payment has been made in full for all labor and materials furnished to the property. 13. Public Rights. Subject to the rights of the public to use public rights-of-way over, across, and adjacent to the subject property. 14. Recent Recordings. Subject to the possibility that other instruments, liens, or judgments have been filed against the property since the date that the abstract was certified and before Brendan Matt Klein and Cheryl A.Klein;City of Fridley December 8 2003 PAGE 4 your deed and other conveyancing instruments are properly recorded and indexed. 15. Your Knowledge. Subject to any information that you have about the title that has not been disclosed to this examiner. Subject to any liens, encumbrances, adverse claims or other matters which you create, suffer or permit to accrue against the title to the property 16. Other Concerns. The title opinion is based upon information appearing in the Abstract of Title. The title opinion is based on the assumption that the Abstract accurately reflects the public records and that the recorded documents are genuine, lawfully executed, and free of questions of fraud, forgery,perjury, larceny, usury or incompetency. The title examination is not an examination of all matters which are concerns for this transaction. The following is a partial list of matters which are not covered by the Title Opinion: a. Abstract Date - Closing Date-Recording Date. Between the date of certification of the Abstract of Title and the date that your documents are recorded and indexed,there is a period of time when documents(including liens)could be recorded against the property and when judgments could be docketed against the record owners of the property. The written title opinion does not cover that period of time. It is advisable to have these matters checked immediately prior to closing and to complete the recording process immediately after closing. b. Pollutants. Unless disclosed in the Abstract,the title opinion does not cover the existence of any pollutants, contaminants, adulterants, asbestos, petroleum products, tanks, or hazardous materials on or in the subject property,as defined by local,state or federal law. C. Flood Plain. The title opinion does not cover an examination of federal,state or local records concerning the"100 year flood elevation". You should inspect flood elevation records and maps either at city hall or at the county surveyor's office to determine if any part of the property is within the 100 year flood plain. It might be necessary for you to consult a registered land surveyor to assist you. d. Eminent Domain. This title opinion does not cover any inquiry with federal,state and local units of government or with public utilities to ascertain the existence of any eminent domain ("condemnation") proceeding that may affect all or a portion of the title to the subject property. e. Wells. This title opinion does not cover any inquiry with state and local units of government as to the existence of any wells on the subject property. MINN.STAT.§1031.235,Subd. 1(b), effective July 1, 1990,requires sellers to disclose the existence of and location of all wells on the property. f. Physical Condition of Structures/Inspections. This title opinion is not an opinion on the physical condition of any of the structures or improvements constructed on the property. g. Wetlands. All wetlands are regulated by various state and federal laws, including the Minnesota Wetlands Conservation Act of 1991. This title opinion does not cover examination of federal, state, or local government offices for records of wetlands on the subject property. h. Protection of Historic Sites. This opinion does not include any inquiry into state or federal records to determine if the land contains identified burial grounds or ceremonial earthworks. Brendan Matt Klein and Cheryl A.Klein;City of Fridley December 8,2003 PAGE 5 Burial grounds,ceremonial earthworks,and archeological sites are protected from excavation by various federal and state laws. Minn. Stat. §§138.31--138.42; 307.08. Inquiry can be made of the Office of the Minnesota State Archeologist. M. Compliance with Zoning and Land Use Regulations. This opinion does not include an inspection of the property or of public records for compliance with local, state or federal regulations concerning zoning and land use. 17. Platting. This opinion has been prepared to facilitate the replatting of the subject property. As is evident from the attached survey,the City of Fridley and the fee owners have each encroached onto the other's land through mutual misunderstanding as to the location of the boundaries. Replatting is the last step in the process of clearing the respective titles. Mr. and Mrs. Klein will provide a quit claim deed to the parcel identified as Tract B on the attached survey. The City of Fridley will provide a quit claim deed to the parcel identified as Tract A on the attached survey. REQUIREMENTS FOR PLATTING AND CLEARING OF TITLES: The various recordable documents described in this opinion should be recorded in this order: a. Resolution vacating the easement (see paragraph 3., above); b. Quit claim deed from Kleins to the City; C. Quit claim deed from the City to Kleins; d. New plat; e. Consent to plat from Wells Fargo Home Mortgage, Inc. f. Consent to plat from Wells Fargo Bank, NA. Each person or party to whom this title opinion is addressed may rely upon this opinion as an expression of this examiner's professional judgment regarding the status and condition of the title. By giving this opinion, the examiner does not become an insurer or guarantor of the title, of the pending transaction, of any legal dispute arising out of the pending transaction, or of the future performance of the examiner's client. Giving this opinion does not create any express or implied contract or agreement between this examiner and the City of Fridley,Wells Fargo Home Mortgage, Inc., or Wells Fargo Bank, NA. Respectfully submitted, Steven G. Thorson BARNA,GUZY&STEFFEN,LTD. SGT:ckg 223126.1 Minnesota. See attached Exhibit A 167. William A. Shaw, Jr. and Marsha E. WARRANTY DEED Shaw, husband and wife Dated: September 10, 1982 to Recorded: September 17, 1982 Andrew P. Kociscak, unmarried Document Number 597716 Legal: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. 168. Andrew P. Kociscak, single MORTGAGE to Dated: September 10, 1982 Lumbermen's Investment Recorded: September 17, 1982 Corporation, a Texas corporation Document Number 597717 Amount: $107,000.00 Legal: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. Due: October 1, 2012 169. Andrew P. Kociscak, unmarried QUIT CLAIM DEED to Dated: July 22, 1982 City of Fridley, a Minnesota Recorded: October 8, 1982 Municipal Corporation Document Number 599060 Bikeway/Walkway Easement Legal: Beginning at the Southeast corner of Lot 13, Block 1, Innsbruck North Second Addition; thence West along said South line of said Lot 13 a distance of 41 feet; thence deflect to the right in a Northerly direction to its point of intersection with the Northeasterly line of said Lot 13, said point being 50 feet Northwest of as measured along said Northeasterly line, the Southeast corner of said Lot 13; thence Southeast along said Northeasterly line to the point of beginning. 170. Lumbermen's Investment ASSIGNMENT OF MORTGAGE Corporation, a Texas Corporation Assigns Entry #163, Document #597717 to Dated: October 14, 1982 Federal National Mortgage Recorded: October 18, 1982 Association, its successors and Document Number 599752 assigns. 171. Federal National Mortgage Association, SATISFACTION OF MORTGAGE a United States of America corporation Satisfies Entry X6163, Document #597717 to Dated: October 13, 1986 Andrew F. Kociscak, single Recorded: May 14, 1987 Document Number 759397 rE1[l o cC u 4 �� .EzGov - Anoka County-Property Taxes -Pay Your Property Tax Pagel of 2 ANOKA COUNTY paviered by a .=.-:gov. Review Your Property Information CtLAM' This page reflects the information currently available in the agency's system. This information is updated the first of every month. Any prior payments made through the site will be reflected on this page within 3-4 business days. Identification Information Location Information Property ID: 24 30 24 43 Street: 1419 W DANUBE RD NE 0044 City: FRIDLEY School District: 13 State: MN Watershed: RICE CREEK WATERSHED City/Township: FRIDLEY Last Sale Information Partial Property Description Sale Date: Lot/Unit : 13 Sale Price: $0.00 Block/Tract: 1 Subdivision:INNSBRUCK NORTH 2ND ADD Lot Size Approximate lot size in feet, clockwise beginning with the direction the lot faces: W60*130*210*170 Property Information Year Built: Acreage: 1983 Current Property Classification RES HSTD Value(s) Tax Details -Current Land Total Tax: $2,281.21 Value $87,900.00 -Current Building Value $176,800.00 -Current Est Mkt Value $264,700.00 -Tax Yr Est Mkt Value $250,200.00 -Tax Yr Taxable Value $224,200.00 Tax Amounts -Current Yr Tax $2,281.21 -Qualifying Tax Amt $2,245.12 -Prior Yr Qualifying Tax Amt $2,388.42 -Solid Waste Incl $36.09 https://anoka.nm.ezgov.com/ezproperty/review—sea.rch.jsp 12/9/2003 •E,Gov-Anoka County-Property Taxes - Pay Your Property Tax Page 2 of 2 Installments: Due Date: Amount Due: FIRST HALF-INSTALLMENT 05/15/2003 $.00 SECOND HALF-INSTALLMENT 10/15/2003 $.00 There is no tax due at this time. If Total Due $.00 you have further questions about this account, please contact the agency. � Back If the"Pay Bill" button is not displayed, you do not have the option to pay on-line and tax amounts may not reflect the actual account status. If you own a manufactured home and your tax is zero, it could be because taxes have not been calculated. Please check back on July 1 after taxes are calculated to see your tax amount. If you have any questions, please contact Anoka County at(763)323-5400. Copyright 2000-2001 EzGov and Anoka County.All rights reserved.Privacy Policy kitula IT "s, https:Hanoka.mn.ezgov.com/ezproperty/review—search.JSP 12/9/2003 0 R i I \ ^Ir a Z /c-) '> CiV m %, p 0 \ / 0IlkOA TO��cF N o BSO/ F �p O `c tic O / Cofj Z o 1, ° I � ° T, ILA T1 tc� r , w ^ 1 rn 0 ' It ozo a)c/) . . . . . : ::::. .m a) ' mac— 1 -! = 5 i 3 _ 1L G . . . . . . ., . 7 s 8 ,.� _ — •'i o Z :;�\ N 3r.. np L6 A Cb �F BFci,�,,�,/N 00 c - zD / V) ;' \ c, 1 \ , zz , cm -+ `Q \ m o z c :70 -ci k o o ?� 00 00 y �W y �w y Rl ?r �~ � m O 2 y Cr3i O I y o nl rrtl Z �W m0 f -7tn �1 �- o O W �n:30 :10rti a z- o � Zti c, Q 3 m O C-) Z) ~ �� it y -it o 10 o m a rn a o o � is i c') c') Z C o a O Z O u h a a h n h u n n a ^� y y o R1 Z Z O Z c �0 a o rn o RI �� t 0 o;10 y r- r t y 1 y C C o 2 11 II `J vJ T O N j r �o o o z m r z z r zmm c o 0 ,a o a o `� °r° = Z G �� o ° o �Z� a Z yarn ►� rn o rn `' m r- o rn -1 y L4 �.( y n ti =Z y o a v, v, 2 Rl A-) Z to ~a m rn o ~ -rni -rni y rn o rn rn o � - rn I hereby certify that this plop CL I ENT• PROJECT: SHEET •ae prepared by ne or under nr DATE: 6-.26-03 HURTH SURVEYING. INC . dlreat Po.l: slop and that I DESCRIPTION on a duly Lleeneed Land rve or gRENDON CHERYL 1 4 1 9 WEST REV. 7/10/03 (BEARNOS) 4002 JDFFSRSOH ST. R.S. under Me 1966 f the St a o� COLUMBIA RRIOHTS, UK 56421 FROM (766) 766-9769 FAIu (766) 756-76o DANUBE ROAD LOT SPL I T &-KAn t <URTHSUR VSYRA0L.001[ andy L. Kurth, RLS. No. 10770 KLEIN �I,,yI •'•1�� RureelSHEET I OF 2 l J. Kurth. RLS. No. 10113 V " C • �n Ci fy Oi eD O 19 V N N� � q H W EXISTING LEGAL DESCRIPTION—KLEIN PROPERTY a 7 Lot 13,Block 1, INNSBRUCK NORTH 2 ADDITION, Anoka County, Minnesota. zo EXISTING LEGAL DESCRIPTION—CITY OF FRIDLEY F- Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. _0- PROPOSED TRACT A (Split of City of Fridley Ownership) w o That part of Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying southwesterly of the following described line: Commencing at the most northerly comer of Lot 13, Block 1, INNSBRUCK NORTH 2NDADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a o distance of 53.20 feet to the actual point of beginning of the tract being described;thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet- thence South 45 degrees 52 minutes 02 secondsN o East, a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly, to its w 3 intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds;thence North 41 degrees 15 minutes 52 seconds o m West, along said common line, a distance of 73.95 feet to the point of beginning. � z o PROPOSED TRACT B (Split of Klein Property) That part of Lot 13, Block 1, INNSBRUCK NORTH 2ND,ADDITION, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13, Block } 1, INNSBRUCK NORTH 2NDADDITION; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet - thence North 78 degrees 31 minutes 38 seconds East, a distance o'126.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; W thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly, to its intersection with the common line of = said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described;thence V Z continue on said curve, a distance of 51.37 feet, the central angle of said curve being 35 degrees 37 minutes 36 seconds;thence South 22 degrees 29 minutes 52 seconds East; tangent to last described curve, to W its intersection with the southerly line of said Lot 13 and there terminate. Z Y O COMBINED LEGAL DESCRIPTION FOR KLEIN PROPERTY 0 Z That part of Lot 13, Block 1, INNSBRUCK NORTH 2 ADDITION and Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying southerly and westerly of the following described line: W Commencing at the most northerly corner of Lot 13,Block 1, INNSBRUCK NORTH 2NDADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 m degrees 15 minutes 52 seconds East; along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence - southwesterly a distance of 57.95 feet along a tangential curve concave easterly, the radius of said curve being 83.00 feet and having a central angle of 40 degrees 00 minutes 00 seconds;thence South 22i«'= -Ot41 O- n degrees 29 minutes 52 seconds East,tangent to last described curve to its intersection with the southerly line of said Lot 13,Block 1 and there terminate. COO R r � C COMBINED LEGAL DESCRIPTION FOR CITY OF FRIDLEY PROPERTY ZY That part of Lot 13, Block 1, INNSBRUCK NORTH 2 ADDITION and Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying northerly and easterly of the following described line: Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK NORTH 2"DADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 Lo degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence S southwesterly a distance of 57.95 feet along a tangential curve concave easterly, the radius of said curve being 83.00 feet and having a central angle of 40 degrees 00 minutes 00 seconds;thence South 22 z e$o degrees 29 minutes 52 seconds East,tangent to last described curve to its intersection with the southerly line of said Lot 13, Block 1 and there terminate. : �o e zepM J w - ea RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM F.HUEFNER DDGS RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON P.ERICKSON KRISTI R.RILEY THOMAS P.MALONE WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, Guzy & Steffen, Ltd. JENNIFER C.THULIEN SMITH DOUGLAS G.SAUTER MATTHEW A.KOROGI HERMAN L.TALLE ATTORNEYS AT LAW EDWARD(TED)P.SHEU CHARLES M.SEYKORA 400 Northtown Financial Plaza TIMOTHY D.ERB DANIEL D.GANTER,JR. BEVERLY K.DODGE 200 Coon Rapids Boulevard Retired JAMES D.HOEFT Minneapolis,MN 55433-5894 ROBERT A.GUZY JOAN M.QUADE JOHN T.BUCHMAN (763) 780-8500 FAX (763) 780-1777 BERNARD E.STEFFEN SCOTT M.LEPAK 1-800-422.3486 1931.2002 www.bgslaw.com Writer's Direct Line: (763) 783-5126 Internet E-Mail Address: terb@bgslaw.com July 8, 2004 City of Fridley Attn: Jon Haukaas 6431 University Avenue NE Fridley, MN 55432 RE: Klein property located at 1419 West Danube Road N.E. Our File No. 46644-002 Dear Jon: As you are aware, my firm represents Brendan and Cheryl Klein regarding the re-platting of their property located at 1419 West Danube Road N.E. We have been working towards completion of various requirements by the two lenders who have an interest in the property. We have completed these requirements and are ready to proceed to closing. I am writing to you to inform you of our progress and to provide you with a summary of the transfer. This transfer involves the exchange of small parcels of land between the City of Fridley and the Kleins. Enclosed please find copies of- 1. a blueline plat entitled KLEINS INNSBRUCK; 2. a Quit Claim Deed from the City of Fridley to the Kleins; 3. a Quit Claim Deed from the Kleins to the City of Fridley; 4. a Consent to Plat, executed by Wells Fargo Bank,N.A.; 5. a Mortgage Modification Agreement, executed by Wells Fargo Bank,N.A. (This Mortgage Modification Agreement will be executed by my clients at closing); 6. a Consent to Plat, executed by Wells Fargo Home Mortgage, Inc.; 7. a Partial Release of Mortgage, executed by Wells Fargo Home Mortgage, Inc.; and 8. a Mortgage Modification Agreement, executed by Wells Fargo Home Mortgage, Inc. Established 1938-An EOEJAA Employer I My clients will likely have a title company close this transaction on their behalf It is anticipated that we will record the documents, in this order, the Partial Release of Mortgage,the plat,the deeds,the Mortgage Modification Agreements and the Consents to Plat. Please review these documents and get in touch with me to discuss or to inform me that the documents meet with your approval. Upon confirmation from you I will be seeking to set up a closing in the near term. In addition, I wanted to verify with you that you are in possession of the mylar originals of the plat for this matter. If you are not in possession of the mylars please notify me as soon as possible. Please call me if you have any questions or concerns. Sincerely, BARNA, GUZY & STEFFEN, LTD. 5tt;,'� 4 . C Timothy D. Erb cc: Brendan and Cheryl Klein Randy Kurth 2476811 J ,W,ge$2 30-M--QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1/15/97) Miller/Davis Co.® St. Paul, MN 651-642-1988 Corporation,Partnership or Limited Liability Company to Individual(s) No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. (Date) County Auditor by Deputy DEED TAX DUE: $ Date: , 2004 (reserved for recording data) FOR VALUABLE CONSIDERATION, Cly of Fridley a municipal corporation under the laws of Minnesota Grantor, hereby conveys and quitclaims to Brendan M. Klein and Cheryl A Klein Grantee, real property in Anoka County, Minnesota, described as follows: Lot 1, Block 1, KLEINS INNSBRUCK, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. The total consideration for this transfer is $500.00 or less. This Deed conveys after-acquired title. together with all hereditaments and appurtenances. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. City of Fridley ,WOCS 28-M--QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1/15/97) Miller/Davis Co.® St. Paul, MN 651-642-1988 Individual(s) to Corporation, Partnership or Limited Liability Company No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. (Date) County Auditor by Deputy DEED TAX DUE: $ Date: 2004 (reserved for recording data) , FOR VALUABLE CONSIDERATION, Brendan M. Klein and Cheryl A Klein, husband and wife (marital status) Grantor, hereby conveys and quitclaims to City of Fridley Grantee, a municipal corporation under the laws of Minnesota real property in Anoka County, Minnesota, described as follows: Outlot A, KLEINS INNSBRUCK, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. The total consideration for this transfer is $500.00 or less. This Deed conveys after-acquired title. together with all hereditaments and appurtenances. Check box if applicable: W The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. The space above this line is reserved for recording data. CONSENT TO PLAT WHEREAS, Brendan Matt Klein and Cheryl A. Klein, are the owners of certain real property located in Anoka County, Minnesota, legally described as follows: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. (the"Property"); and WHEREAS, the undersigned, Wells Fargo Bank, NA, is named in a Real Estate Mortgage dated June 24, 2003, recorded in the Office of the County Recorder, Anoka County, Minnesota, on July 14, 2003, as Document No. 1823256,against the Property; and WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota,to exchange approximately equal sized tracts of property; and WHEREAS,upon exchange of the tracts of property, Mortgagor will file for record a plat of the Property as KLEINS INNSBRUCK; NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the undersigned hereby consents to the filing of the plat of KLEINS INNSBRUCK and joins in all dedications, restrictions and easements contained in said plat, including, but not limited to, parks, streets, drainage and utility easements and easements for ingress and egress. IN TESTIMONY WHEREOF,the undersigned has hereunto executed this Consent to Plat this day of , 2004. WELLS FARGO BANK,NA Name: ; Its: Jl dIC7i ® L' STATE OF OREGON ) COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 1VVi1C`1 , 2004, by '2,e,�;O)W the QjVttof Wells Fargo Bank, NA, a National Association, on behalf of the National Association. —OFFICIAL SEAL IVKNA M•KOENM N ary Public NCTAftY PIJBUC-0i�N (OIM SON W. NN CO NE R[s FO RlM a 2w DRAFTED BY: BARNA, GUZY& STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763) 780-8500 (TDE) 2302421 MORTGAGE MODIFICATION AGREEMENT This Agreement made this day of , 2004,between Wells Fargo Bank, N.A. ("Mortgagee") and Brendan M. Klein and Cheryl A. Klein, husband and wife ("Mortgagor"). WHEREAS, Mortgagee is the holder of that certain Promissory Mortgage Note ("Note") originally dated June 24, 2003, in the original principal amount of Thirty Thousand and no/100 Dollars($30,000.00),which is due and payable on June 14, 2017; and WHEREAS, the Note is secured by a Real Estate Mortgage ("Mortgage") dated June 24, 2003, recorded in the Office of the County Recorder, Anoka County, Minnesota, on July 14, 2003, as Document No. 1823256, against real property legally described on said Mortgage; and WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota, to exchange approximately equal sized portions of property and to replat the property to reflect the new configuration; and WHEREAS, Mortgagor is the fee owner of said premises on which the Mortgage is a valid lien and for which there are no defenses or offsets to the Mortgage or to the debt that it secures. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, as evidenced by that certain Modification Agreement of even date herewith, it is hereby agreed as follows: 1. Mortgaged Property to be Added. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised to reflect replatting so that it includes: That part of Outlot E,INNSBRUCK NORTH,Anoka County, Minnesota, lying southwesterly of the following described line: Commencing at the most northerly corner of Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of f 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly,to its intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds;thence North 41 degrees 15 minutes 52 seconds West, along said common line, a distance of 73.95 feet to the point of beginning. 2. Mortgaged Property to be Released. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised by replatting and shall exclude this portion being acquired by the City of Fridley: That part of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota, lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13, Block 1,INNSBRUCK NORTH 2ND ADDITION; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East,along the northeasterly line of said Lot 13, a distance of 53.20 feet; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve,concave easterly,to its intersection with the common line of said Lot 13 and Outlot E,said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described; thence continue on said curve,a distance of 51.37 feet,the central angle of said curve being 35 degrees 37 minutes 36 seconds;thence South 22 degrees 29 minutes 52 seconds East; tangent to last described curve,to its intersection with the southerly line of said Lot 13 and there terminate. 3. New Description. The former description of the mortgaged property of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota plat is hereby replaced in its entirety by this description: Lot 1, Block 1,KLEINS INNSBRUCK,Anoka County,Minnesota. IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the date first above written. MORTGAGEE: WELLS FARGO BANK,N.A. By: � y;� Name: Its: , �� 7, SLOV v' — f STATE OF OREGON ) COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this j day of I'VIIIA CW1 , 2004, by (7, ,e�G /�� they d0 i,,7J1t t t; A- of Wells Fargo Bank, a National Association, on behalf of the National Association. OMCKSM KALA K KOFXUR , ry NOTARI�R"-OREC" N taryPubli COMMISSION NO.365789 W COMMON ESO FBRUW 1K 2V MORTGAGOR: Brendan M. Klein i Cheryl A. Klein STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2004,by Brendan M. Klein and Cheryl A. Klein,husband and wife. Notary Public DRAFTED BY: BARNA,GUZY& STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763) 780-8500 (TDE) 235189_1 The space above this line is reserved for recording data. CONSENT TO PLAT WHEREAS, Brendan M. Klein and Cheryl A. Klein, are the owners of certain real property located in Anoka County, Minnesota, legally described as follows: Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION,Anoka County, Minnesota. (the"Property"); and WHEREAS, the undersigned, Wells Fargo Home Mortgage, Inc., is named in a Real Estate Mortgage dated October 29, 2002, recorded in the Office of the County Recorder, Anoka County, Minnesota, on November 27, 2002, as Document No. 1735857, against the Property; and WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota,to exchange approximately equal sized tracts of property; and WHEREAS, upon exchange of the tracts of property,Mortgagor will file for record a plat of the Property as KLEINS INNSBRUCK; NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the undersigned hereby consents to the filing of the plat of KLEINS INNSBRUCK and joins in all dedications, restrictions and easements contained in said plat, including, but not limited to, parks, streets, drainage and utility easements and easements for ingress and egress. r IN TESTIMONY WHEREOF,the undersigned has hereunto executed this Consent to Plat this 26th day of March '2004. WELLS FARGO HOME MORTGAGE, INC. By: Name: Lorna L. Slaughter Its: VP-Loan Doc STATE OF MARYLAND ) COUNTY OF FREDERICK ) The foregoing instrument was acknowledged before me this 26th day of March , 2004, byLorna L. Slaug)Zthe VP-Loan Doc of Wells Fargo Home Mortgage, Inc., a California corporation, on behalf of the corporation. TAMMY S.STINE Notary Public Z#my S. Stine Notary Public Frederick County,MD My Commission Expires 7/30/08 DRAFTED BY: BARNA, GUZY& STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Phone: (763) 780-8500 (TDE) 230235_1 The space above this line is reserved for recording data. PARTIAL RELEASE OF MORTGAGE FOR VALUABLE CONSIDERATION,the real property in Anoka County, Minnesota, legally described as follows: That part of Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota,lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION;thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East,along the northeasterly line of said Lot 13,a distance of 53.20 feet;thence North 78 degrees 31 minutes 38 seconds East,a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds East,a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence southwesterly a distance of 6.58 feet on a tangential curve,concave easterly,to its intersection with the common line of said Lot 13 and Outlot E,said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds;said intersection being the actual point of beginning of line being described;thence continue on said curve,a distance of 51.37 feet,the central angle of said curve being 35 degrees 37 minutes 36 seconds; thence South 22 degrees 29 minutes 52 seconds East;tangent to last described curve,to its intersection with the southerly line of said Lot 13 and there terminate, is hereby released from the lien of the Mortgage, owned by the undersigned, dated October 29,2002,executed by Brendan M. Klein and Cheryl A. Klein as Mortgagors,to Wells Fargo Home Mortgage, Inc., as Mortgagee, and filed for record November 22,2002, as Document Number 1735857, in the Office of the County Recorder of Anoka County,Minnesota. Wells Fargo Home Mortgage, Inc. By: YO A Name: Lorna L. Slaughter Its: Vice President—Loan Doc STATE OF MARYLAND ) COUNTY OF FREDERICK) The foregoing instrument was acknowledged before me this 26th day of March ,2004,by Lorna L. Slaughter the Vice President-Loan Doof Wells Fargo Home Mortgage, Inc. Notary Tamm` S? Stine THIS INSTRUMENT WAS DRAFTED BY: TAMMY S.STINE Notary Public BARNA, GUZY& STEFFEN,LTD. Fro&rick county,MD 400 Northtown Financial Plaza My commmion Expires 7/300 200 Coon Rapids Boulevard Minneapolis,MN 55433 (612) 780-8500 (TDE) 230174_1 Ir MORTGAGE MODIFICATION AGREEMENT This Agreement made this � day of 2004, between Wells Fargo Home Mortgage, Inc. ("Mortgagee") and Brendan M. Klein and Cheryl A. Klein, husband and wife ("Mortgagor"). WHEREAS, Mortgagee is the holder of that certain Promissory Mortgage Note ("Note") originally dated October 29, 2002, in the original principal amount of One Hundred Eighty Seven Thousand and no/100 Dollars ($187,000.00), which is due and payable on October 29, 2032; and WHEREAS, the Note is secured by a Real Estate Mortgage ("Mortgage") dated October 29, 2002, recorded in the Office of the County Recorder, Anoka County, Minnesota, on November 27, 2002, as Document No. 1735857, against real property legally described on said Mortgage; WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota, to exchange approximately equal sized portions of property and to replat the property to reflect the new configuration; and WHEREAS, Mortgagor is the fee owner of said premises on which the Mortgage is a valid lien and for which there are no defenses or offsets to the Mortgage or to the debt that it secures. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, as evidenced by that certain Modification Agreement of even date herewith, it is hereby agreed as follows: 1. Mortgaged Property to be Added. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised to reflect replatting so that it includes: That part of Outlot E,INNSBRUCK NORTH, Anoka County,Minnesota,lying southwesterly of the following described line: Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of I 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly,to its intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; thence North 41 degrees 15 minutes 52 seconds West, along said common line, a distance of 73.95 feet to the point of beginning. 2. Mortgaged Property to be Released. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised by replatting and shall exclude this portion being acquired by the City of Fridley: That part of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County,Minnesota, lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly,to its intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described; thence continue on said curve,a distance of 51.37 feet,the central angle of said curve being 35 degrees 37 minutes 36 seconds; thence South 22 degrees 29 minutes 52 seconds East;tangent to last described curve,to its intersection with the southerly line of said Lot 13 and there terminate. 3. New Description. The former description of the mortgaged property of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County,Minnesota plat is hereby replaced in its entirety by this description: Lot 1,Block 1,KLEINS INNSBRUCK, Anoka County,Minnesota. IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the date first above written. MORTGAGEE: WELLS FARGO HOME MORTGAGE, INC. By: 1-off 9?lre�7 - Name: Lorna L. Slaughter Its: VP-Loan Doc 1 STATE OF MARYLAND ) i ) COUNTY OF FREDERICK ) The foregoing instrument was acknowledged before me this 26th day of March , 2004, by Lorna L. Slaul �r VP—Loan Doc of Wells Fargo Home Mortgage, Inc., a Maryland corporation, on behalf of the corporation. TAMMY S.STINE Notary PubliqfTammy S. Stine Notary Public Frederick County,MD My Commission Expires 7/30/06 �MORTGAGOR: - Brendan M. Klein Com- i��.✓ Cheryl A. Klein STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2004,by Brendan M. Klein and Cheryl A. Klein, husban and wife. ,7 , StEVMG.T�� Notary Public 1!iiPP1#1rPPF NOTARY PWUC•iVNN TAyC MM Msj*i=Jj.31, DRAFTED BY: BARNA, GUZY& STEFFEN,LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763)780-8500 (TDE) 2302211 RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM F.HUEFNER '103 G S RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON P.ERICKSON KRISTI R.RILEY THOMAS P.MALONE WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, >Guzy & Steffen Ltd. JENNIFER C.THULIEN SMITH DOUGLAS G.SAUTER MATTHEW A.KOROGI HERMAN L.TALLE ATTORNEYS AT LAW EDWARD(TED)P.SHEU CHARLES M.SEYKORA 400 Northtown Financial Plaza TIMOTHY D.ERB DANIEL D.GANTER,JR. BEVERLY K.DODGE 200 Coon Rapids Boulevard Reared JAMES D.HOEFT Minneapolis, MN 55433-5894 ROBERT A.GUZY JOAN M.QUADE JOHN T.BUCHMAN (763) 780-8500 FAX (763) 780-1777 BERNARD E.STEFFEN SCOTT M.LEPAK 1-800-422-3486 1931-2002 www.bgslaw.com Writer's Direct Line: (763) 783-5126 Internet E-Mail Address: terb@bgslaw.com September 13, 2004 City of Fridley Attn: Paul Bolin 6431 University Ave. NE Fridley, N1N 55432 RE: Vacation of Easement and Plat (Klein) Our File No. 46644-002 Dear Paul: Enclosed please find the Quit Claim Deed conveying a small parcel from the City of Fridley to the Kleins. I am still working on getting a copy of the final plat to check if another resolution will be necessary. I will be in contact as soon as 1 have an answer regarding this matter. Thank you for your assistance. Please call if you have any questions or concerns. Sincerely, BARNA, GUZY & STEFFEN, LTD. .& Timothy D. Erb Enc. 255285_1 Established 1938-An EOE/AA Employer RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ,10 $ , RECD ELIZABETH A.SCHADING i JEFFREY S.JOHNSON WILLIAM F.HUEFNER RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON F.ERICKSON B"o KRISTI R.RILEY THOMAS R MALONE WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, >Guzy & Steffen Ltd. TIMOTHY D.ERB HERMAN L.TALLE KAREN K.KURTH CHARLES M.SEYKORA ATTORNEYS AT LAW ANGELA M.SAMEC DANIEL D.GANTER,JR. 400 Northtown Financial Plaza ELIZABETH M.STUVA BEVERLY K.DODGE LAURA R.GURNEY JAMES D.HOEFT 200 Coon Rapids Boulevard JOAN M.QUADE Minneapolis, MN 55433-5894 Reared SM LEP K OHN T COTT AN (763) 780-8500 FAX (763) 780-1777 ROBERT A.GUZY 1-800-422-3486 BERNARD E.STEFFEN www.bgslaw.com 1931.2002 Writer's Direct Line: (763) 783-5126 Internet E-Mail Address: terb@bgslaw.com September 29, 2004 Fritz Knaak, Esq. Holstad& Knaak 3500 Willow Lake Blvd., Suite 800 St. Paul, MN 55110 RE: Platting of Property Located at 1419 West Danube Road N.E., Fridley, Minnesota Our File No. 46644-002 Dear Mr. Knaak: As you are aware, my firm represents Brendan and Cheryl Klein regarding the exchange of a small portion of their property located at 1419 West Danube Road N.E. I am writing to you to express my concerns and that of my clients regarding the remaining work to be performed by the City of Fridley regarding this matter. We have been following the explicit direction of the City Council and city staff throughout this entire process. Initially, we were not informed that there would be platting requirements for such a simple exchange of parcels. This requirement has added great expense for my clients. We relied upon the representations of the city regarding the appropriate process that was required in order to approve the plat and vacation of the easement. Unfortunately, this information was incorrect and now my clients must face additional delay and further expense to commence the approval process for an ordinance rather than a resolution. In addition, on September 20, 2004, I left a voice mail message with your office requesting a"To Whom It May Concern" letter regarding the additional delay, as you had generously offered to provide during an earlier conversation. To date, I have not received a letter nor a response from your office. This letter is necessary as we have agitated lenders who have set a final completion date for this matter of January 19, 2005. My clients have incurred additional expense in seeking this dispensation from their lenders. Established 1938-An EOE/AA Employer September 29, 2004 Page 2 My clients were following the most recent city council meeting in which this matter was addressed. Upon listening to the meeting, my clients became concerned that this matter will not be resolved on the expedited basis that has been indicated to us and at this point in the process, is absolutely necessary. Please respond and let us know as soon as possible that the city is aware of these concerns and will ensure that they are addressed as soon as possible. In addition, please forward to my attention, a"To Whom It May Concern" letter indicating that the recent delays are not attributable to the actions of my clients as well as the city's expected completion date. I will forward this letter to the lenders for my clients upon receipt. Please do not hesitate to call with any questions or concerns. Sincerely, BARNA, GUZY & STEFFEN, LTD. A Timothy D. Erb cc: Brendan and Cheryl Klein Steven G. Thorson, Esq. Scott Lund, City of Fridley Mayor Scott Hickok, Community Development Director Council Members: Robert Barnette Steven Billings Richard Wolfe Ann Bolkcom 2570131 RICHARD A.MERRILL STEVEN G.THORSON DARRELL A.JENSEN ELIZABETH A.SCHADING JEFFREY S.JOHNSON WILLIAM F.HUEFNER RUSSELL H.CROWDER BRADLEY A.KLETSCHER JON E ERICKSON DDGS KRISTI R.RILEY THOMAS P.MALONE T WILLIAM D.SIEGEL MICHAEL F.HURLEY Barna, Guzy & Steffen, Ltd. TIMOTHY D.ERB HERMAN L.TALLE KAREN K.KURTH CHARLES M.SEYKORA ATTORNEYS AT LAW ANGELA M.SAMEC DANIEL D.GANTER,JR. 400 Northtown Financial Plaza ELIZABETH M.STUVA BEVERLY K.DODGE LAURA R.GURNEY JAMES D.HOEFT 200 Coon Rapids Boulevard JOAN M.QUADE Minneapolis, MN 55433-5894 Retired SL PAK OHN T COTTM. AN (763) 780-8500 FAX (763) 780-1777 ROBERTA.GUZY 1-800-422-3486 BERNARD E.STEFFEN www.bgslaw.com 1931.2002 Writer's Direct Line: (763) 783-5126 Internet E-Mail Address: terb@bgslaw.com December 9, 2004 City of Fridley HAND DELIVERED Attn: Jon Haukaas 6431 University Avenue NE Fridley, MN 55432 RE: Klein Property Located at 1419 West Danube Road N.E. Our File No. 46644-002 Dear Mr. Haukaas: As you are aware, my firm represents Brendan and Cheryl Klein regarding the re-platting of their property located at 1419 West Danube Road N.E. and the exchange of parcels between the City of Fridley and the Kleins. It is my understanding that one of our principal contacts with the City of Fridley, Paul Bolin, has taken another position and is no longer involved in the project. Therefore, I am re-providing copies of all of the documents (with the exception of the plat) involved in this closing so the City of Fridley is fully informed regarding this transaction and closing. Again, to accommodate the lenders and to provide certainty to the City of Fridley, we have scheduled a closing with a well respected title company,Universal Title. The closing will be performed by Gail Holt with Universal Title on Thursday, December 16, 2004, at 11:00 a.m., at the Universal Title office in Coon Rapids. Enclosed please find copies of: 1. a Quit Claim Deed from the City of Fridley to the Kleins (original enclosed to be executed by the City of Fridley); 2. a Quit Claim Deed from the Kleins to the City of Fridley(to be executed by the Kleins at closing); 3. a Consent to Plat, executed by Wells Fargo Bank,N.A.; 4. a Mortgage Modification Agreement, executed by Wells Fargo Bank,N.A. (this Mortgage Modification Agreement will be executed by the Kleins at closing); Established 1938-An EOE/AA Employer 5. a Consent to Plat, executed by Wells Fargo Home Mortgage, Inc.; 6. a Partial Release of Mortgage, executed by Wells Fargo Home Mortgage, Inc.; and 7. a Mortgage Modification Agreement, executed by Wells Fargo Home Mortgage, Inc. I believe that the City of Fridley still needs to execute the mylars and a Quit Claim Deed. As indicated above, enclosed please find an original Quit Claim Deed from the City of Fridley to the Kleins that will need to be executed by the City of Fridley. My clients are currently in possession of the mylars and will be returning to town today. Although I am uncertain, I suspect the mylars were not fully executed by the City of Fridley. I will get in contact with my clients as soon as possible to determine if the mylars need to be returned to the City of Fridley for execution. If so, I will attempt to have the mylars to the City of Fridley by Friday, December 10, 2004. 1 am also requesting that the city clerk prepare a certified copy of the ordinance for recording purposes. The closer has requested that I provide her with all originals prior to closing. Therefore, I am hopeful that either my clients or I may pick up the certified copy of the ordinance, the executed mylars and the Quit Claim Deed on either Monday, December 13, 2004, or Tuesday, December 14, 2004. Please give me a call when all three items are fully prepared and executed. Please call me if you have any questions or concerns. Thank you very much for your assistance. Sincerely, BARNA, GUZY & STEFFEN, LTD. lil-� • l:W Timothy D. Erb cc: Brendan and Cheryl Klein(w/o enclosures) Gail Holt, Universal Title (w/o enclosures) Enc. 2650811 a ® CCS 28-M—QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1/15/97) Miller/Davis Co.® St. Paul, MN 651-642-1988 Individual(s) to Corporation, a [Parmership Limited Liability Company } No delinquent taxes and transfer entered; Certificate a of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ' 3 3 3 i (Date) i County Auditor by Deputy DEED TAX DUE: $ Date: (reserved for r0pording data) !FOR VALUABLE CONSIDERATION, Brendan M Klein and chml A Klein, husband and wife Grantor, hereby conveys and quitclaims to City LFridley (marital status) Grantee, a Municipal corporation under the laws of real property in Anoka ��....o_ a County, Minnesota, described as follows: sots Outlot A, KLEINS INNSBRUCK, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. The total consideration for this transfer is $500.00 or less. This Deed conveys after-acquired title. together with all hereditaments and appurtenances. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. The space above this line is reserved for recording data. CONSENT TO PLAT WHEREAS, Brendan Matt Klein and Cheryl A. Klein, are the owners of certain real property located in Anoka County,Minnesota,legally described as follows: Lot 13, Block 1,INNSBRUCK NORTH 2ND ADDITION,Anoka County, Minnesota. (the"Property"); and WHEREAS, the undersigned, Wells Fargo Bank, NA, is named in a Real Estate Mortgage dated June 24, 2003, recorded in the Office of the County Recorder, Anoka County, Minnesota, on July 14,2003, as Document No. 1823256,against the Property;and WHEREAS, Mortgagor has entered into an,_agreement with the City of Fridley, Minnesota,to exchange approximately equal sized tracts of property; and WHEREAS,upon exchange of the tracts of property,Mortgagor will file for record a plat of the Property as KLEINS INNSBRUCK; NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the undersigned hereby consents to the filing of the plat of KLEINS INNSBRUCK and joins in all dedications, restrictions and easements contained in said plat, including, but not limited to, parks, streets, drainage and utility easements and easements for ingress and egress. IN TESTIMONY WHEREOF,the undersigned has hereunto executed this Consent to Plat this day of ,2004. WELLS FARGO BANK,NA By: ;2- A . Name: Its: Gl r 7,0V )D-A- STATE OF OREGON ) COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of I4110 2004, by ;,�E,�,�; >>y v� the,, ��/y�!y 2.z� ;of Wells Fargo Bank, NA, a National Association,on behalf of the National Association. OffiCK SEAL AM& A/ M.KOERNN ary Public M)IMPMUC-OREM COMMBSIM M 3SM qVW0MqM=WWffffiM%2V1 DRAFTED BY: BARNA, GUZY&STEFFEN, LTD. 400 Northtown Financial Plaza =- 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763)780-8500 (TDE) 2302421 z; 5 k is i� R :i MORTGAGE MODIFICATION AGREEMENT This Agreement made this day of ,2004,between Wells Fargo Bank, N.A. ("Mortgagee") and Brendan M. Klein and Cheryl A. Klein, husband and wife t ("Mortgagor"). s WHEREAS,Mortgagee is the holder of that certain Promissory Mortgage Note ("Note") originally dated June 24, 2003, in the original principal amount of Thirty Thousand and no/100 Dollars($30,000.00),which is due and payable on June 14,2017; and WHEREAS, the Note is secured by a Real Estate Mortgage ("Mortgage")dated June 24, 2003, recorded in the Office of the County Recorder, Anoka County, Minnesota, on July 14, 2003,as Document No. 1823256, against real property legally described on said Mortgage; and WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota,to exchange approximately equal sized portions of property and to replat the property to reflect the new configuration; and WHEREAS, Mortgagor is the fee owner of said premises on which the Mortgage is a valid lien and for which there are no defenses or offsets to the Mortgage or to the debt that it secures. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, as evidenced by that certain Modification Agreement of even date herewith, it is hereby agreed as follows: 1. Mortgaged Property to be Added. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised to reflect replatting so that it includes: That part of Outlot E,INNSBRUCK NORTH,Anoka County,Minnesota,lying southwesterly of the following described line: Commencing at the most northerly comer of Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle comer of said Outlot E;thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described;thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of ;j ti 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly,to its intersection with the common line of said Lot 13 and a Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; thence North 41 degrees 15 minutes 52 seconds West, 1 along said common line, a distance of 73.95 feet to the point of beginning. x 2. Mortgaged Property to be Released. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised by replatting and shall exclude this portion being acquired by the City of Fridley: That part of Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota,lying easterly of the following described line: Commencing at the most northerly comer of said Lot 13,Block 1,INNSBRUCK NORTH 2ND . ADDITION;thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13,a distance of 53.20 feet; thence North 78 degrees 31 minutes 38 seconds East,a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; } thence southwesterly a distance of 6.58 feet on a tangential curve,concave easterly,to its intersection with the common line of said Lot 13 and Outlot E,said I curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described; thence continue on said curve, a distance of 51.37 feet,the central angle of said curve being 35 degrees 37 minutes 36 seconds;thence South 22 degrees 29 minutes 52 seconds East;tangent to last described curve,to its intersection with the southerly line of said Lot 13 and there terminate. 3. New Description. The former description of the mortgaged property of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota plat is hereby replaced in its entirety by this description: Lot 1,Block 1,KLEINS INNSBRUCK,Anoka County,Minnesota. IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the date first above written. MORTGAGEE: WELLS FARGO BANK,N.A. Name: Its:, � .;+ SI&V"7� STATE OF OREGON ) 2 ) COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of �� .� d, < 2004, by �� ./may. the � ��s`�"i /.jl 1 of Wells Fargo Bank, a National Association,on behalf of the National Association. OMOYAR�P99 -0gBE N tary Public COMAISSiON PEO.365709 WCOWASSMSMSRU019.20 d i i i i MORTGAGOR: Brendan M.Klein Cheryl A.Klein STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2004,by Brendan M. Klein and Cheryl A.Klein,husbandtuid wife. Notary Public DRAFTED BY: BARNA, GUZY& STEFFEN,LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763) 780-8500 (TDE) 235189_1 i The space above this line is reserved for recording data. CONSENT TO PLAT WHEREAS, Brendan M. Klein and Cheryl A. Klein, are the owners of certain real property located in Anoka County,Minnesota, legally described as follows: Lot 13, Block 1,INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. (the"Property"); and WHEREAS, the undersigned, Wells Fargo Home Mortgage, Inc., is named in a Real Estate Mortgage dated October 29, 2002, recorded in the Office of the County Recorder, Anoka County, Minnesota, on November 27, 2002, as Document No. 1735857, against the Property; and WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota,to exchange approximately equal sized tracts of property; and WHEREAS,upon exchange of the tracts of property,Mortgagor will file for record a plat of the Property as KLEINS INNSBRUCK; NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the undersigned hereby consents to the filing of the plat of KLEINS INNSBRUCK and joins in all dedications, restrictions and easements contained in said plat, including, but not limited to, parks, streets, drainage and utility easements and easements for ingress and egress. IN TESTIMONY WHEREOF, the undersigned has hereunto executed this Consent to Plat this 26th day of March ;2004. WELLS FARGO HOME MORTGAGE, INC. By: Name: Lorna L. Slaughter Its: VP-Loan Doc STATE OF MARYLAND ) COUNTY OF FREDERICK ) The foregoing instrument was acknowledged before me this 26th day of March , 2004, byLorna L. Slauglitth& VP-Loan Doc of Wells Fargo Home Mortgage, Inc., a California corporation, on behalf of the corporation. TAMMY&STINE Notary Public y S. Stine Notary Public Frederick County,MD My Commission Expires 7/30/08 DRAFTED BY: BARNA, GUZY& STEFFEN, LTD. _ 400 Northtown Financial Plaza <_ 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763)780-8500 (TDE) 230235_1 The space above this line is reserved for recording data. PARTIAL RELEASE OF MORTGAGE FOR VALUABLE CONSIDERATION,the real property in Anoka County,Minnesota, legally described as follows: That part of Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota,lying easterly of the following described line: Commencing at the most northerly comer of said Lot 13,Block 1,INNSBRUCK NORTH 2ND ADDITION;thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East,along the northeasterly line of said Lot 13,a distance of 53.20 feet;thence North 78 degrees 31 minutes 38 seconds East,a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds East,a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence southwesterly a distance of 6.58 feet on a tangential curve,concave easterly,to its intersection with the common line of said Lot 13 and Outlot E,said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds;said intersection being the actual point of beginning of line being described;thence continue on said curve,a distance of 51.37 feet,the central angle of said curve being 35 degrees 37 minutes 36 seconds; thence South 22 degrees 29 minutes 52 seconds East;tangent to last described curve,to its intersection with the southerly line of said Lot 13 and there terminate, is hereby released from the lien of the Mortgage, owned by the undersigned,dated October 29,2002,executed by Brendan M.Klein and Cheryl A. Klein as Mortgagors,to Wells Fargo Home Mortgage, Inc., as Mortgagee, and filed for record November 22,2002,as Document Number 1735857,in the Office of the County Recorder of Anoka County,Minnesota. Wells Fargo Home Mortgage,Inc. By: Name: Lorna L. Slaughter Its: Vice President—Loan Doc { 11 1 i I STATE OF MARYLAND ) COUNTY OF FREDERICK) - The foregoing instrument was acknowledged before me this 26th day of March ,2004,by Lorna L. Slaughter the Vice President-Loan Doof.Wells Fargo Home Mortgage, Inc. Notary Tamn6rS. Stine THIS INSTRUMENT WAS DRAFTED BY: TAMMY S.SnNE BARNA, GUZY& STEFFEN, LTD. Fr�ricrycounty MD 400 Northtown Financial Plaza My commission Expires 7=10t: 200 Coon Rapids Boulevard Minneapolis,MN 55433 (612) 780-8500 (TDE) 2301741 MORTGAGE MODIFICATION AGREEMENT This Agreement made this 0 day of �, 2004, between Wells Fargo Home Mortgage, Inc. ("Mortgagee") and Brendan M. Klein and Cheryl A. Klein, husband and wife ("Mortgagor"). WHEREAS,.Mortgagee is the holder of that certain Promissory Mortgage Note ("Note") originally dated October 29, 2002, in the original principal amount of One Hundred Eighty Seven Thousand and no/100 Dollars ($187,000.00), which is due and payable on October 29, 2032; and WHEREAS, the Note is secured by a Real Estate Mortgage ("Mortgage") dated October 29, 2002, recorded in the Office of the County Recorder, Anoka County, Minnesota, on November 27, 2002, as Document No. 1735857, against real property legally described on said Mortgage; WHEREAS, Mortgagor has entered into an agreement with the City of Fridley, Minnesota, to exchange approximately equal sized portAs of property and to replat the property to reflect the new configuration; and WHEREAS, Mortgagor is the fee owner of said premises on which the Mortgage is a valid lien and for which there are no defenses or offsets to the Mortgage or to the debt that it secures. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, as evidenced by that certain Modification Agreement of even date herewith, it is hereby agreed as follows: 1. Mortgaged Property to be Added. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised to reflect replatting so that it includes: That part of Outlot E, INNSBRUCK NORTH,Anoka County, Minnesota, lying southwesterly of the following described line: Commencing at the most northerly corner of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly,to its intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; thence North 41 degrees 15 minutes 52 seconds West, along said common line, a distance of 73.95 feet to the point of beginning. 2. Mortgaged Property to be Released. Mortgagor and Mortgagee have agreed that the legal description contained in the Mortgage shall be revised by replatting and shall exclude this portion being acquired by the City of Fridley: That part of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County, Minnesota, lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve,concave easterly, to its intersection with the common line of said Lot 13 and Outlot E,said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described; thence continue on said curve, a distance of 51.37 feet, the central angle of said curve being 35 degrees 37 minutes 36 seconds; thence South 22 degrees 29 minutes 52 seconds East;tangent to last described curve, to its intersection with the southerly line of said Lot 13 and there terminate. 3. New Description. The former description of th 16rtgaged property of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota plat is hereby replaced in its entirety by this description: Lot 1,Block 1, KLEINS INNSBRUCK, Anoka County, Minnesota. IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the date first above written. MORTGAGEE: WELLS FARGO HOME MORTGAGE, INC. 01 By: 4AW .—�Or me Name: Lorna L. Slaughter Its: VP-Loan Doc STATE OF MARYLAND ) COUNTY OF FREDERICK The foregoing instrument was acknowledged before me this 26th day of March , 2004, by Lorna L. Slauit �r VP-Loan Doc of Wells Fargo Home Mortgage, Inc., a Maryland corporation, on behalf of the corporation. TAMMY S.STINE Notary PubliqfTammy S. Stine Notary Public Frederick County,MD *Commission Expires 7/30/06 y� r MORTGAGOR: Brendan M. Klein 2Z-1'e Com. iC��✓ Cheryl A. Klein STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 0 day of , 2004,by Brendan M. Klein and Cheryl A. Klein,husbanand wife. r t CITHORSON Notary Public NTMY PUBLIC•!Y t�,coon >ae.�s.ao� DRAFTED BY: BARNA, GUZY & STEFFEN,LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis,MN 55433 Phone: (763)780-8500 (TDE) 2302211 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION LIL—j Memorandum DATE: September 17, 2003 TO: Planning Commission FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Plat Request #03-05 – City of Fridley INTRODUCTION City Staff is requesting a replat of City owned property located at Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein, to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It has come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. CITY STAFF RECOMMENDATION City Staff recommends approval of this plat request. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: October 6, 2004 TO: Planning Commission FROM: Scott Hickok, Community Development Director Stacy Stromberg, Planner SUBJECT: Vacation Request, SAV #04-04 — City of Fridley & Brendan & Cheryl Klein INTRODUCTION As you will recall, in September of 2003, the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brenden and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. As this time, the Klein's are seeking to vacate the unused drainage and utility located under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. HISTORY It had come to the City's attention, that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. ANALYSIS The final plat went before the City Council on September 17, 2004. At which time, the Klein's mortgage company also required that the City vacate the unused drainage and utility easement, located under the Klein's swimming pool (see attached survey). Prior to final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for your review. The City Council is also asking that you hold a public hearing on the exchange of properties between the City and the Klein's. City Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore, staff would recommend that the easement be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and asking for your approval on the land exchange between them and the City. CITY STAFF RECOMMENDATION City Staff recommends that the Planning Commission hold a public hearing and approve Vacation Request, SAV #04-04. City Staff also recommends that the Planning Commission hold a public hearing and approve the land exchange between the City and the Klein's. t `\ V v z e c c Z �C-) \ ) 0 A _ 1 , oT oA- T�sf 0, '^ �� v � ��c�ti�j ��c�T l✓Tj � l \ Oo - ` \� 00T - - (c) rn 11 11 11 o Q c \ rn V� o,, -t, o v / w / p CjOo \1 V co o z o WN 136 z �. . . . . 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KurtA RLS. No. 10770 Ruuei1 J. Nur{A. RLS. N°. 16113 c� O O 9 N N 9 F •- w w x EXISTING LEGAL DESCRIPTION— KLEIN PROPERTY a °' Lot 13,Block 1, INNSBRUCK NORTH 2 NDADDITION, Anoka County, Minnesota. EXISTING LEGAL DESCRIPTION— CITY OF FREDLEY o F-- Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. w N PROPOSED TRACT A (Split of City of Fridley Ownership) �w o That part of Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying southwesterly of the following described line: Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK o J NORTH 2" ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a o distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds ~„ o East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly, to its w 3LU intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds;thence North 41 degrees 15 minutes 52 secondso 0, m West, along said common line, a distance of 73.95 feet to the point of beginning. a -- D � z ^ Q - PROPOSED TRACT B (Split of Klein Property) o That part of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet- thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet- W thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly, to its intersection with the common line of = said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described; thence U Z continue on said curve, a distance of 5 1.3 7 feet, the central angle of said curve being 35 degrees 37 minutes 36 seconds; thence South 22 degrees 29 minutes 52 seconds East- tangent to last described curve, to z W its intersection with the southerly line of said Lot 13 and there terminate. Z Y O COMBINED LEGAL DESCRIPTION FOR KLEIN PROPERTY Z That part of Lot 13, Block 1, INNSBRUCK NORTH 27ADDITION and Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying southerly and westerly of the following described line: LU Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E- thence on an assumed bearing of South 41 m degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 57.95 feet along a tangential curve concave easterly, the radius of said curve being 83.00 feet and having a central angle of 40 degrees 00 minutes 00 seconds; thence South 22 degrees 29 minutes 52 seconds East,tangent to last described curve to its intersection with the southerly line of said Lot 13, Block 1 and there terminate. -:90" i� N _ C COOL ' aL COMBINED LEGAL DESCRIPTION FOR CITY OF FRIDLEY PROPERTY =` V u�6J YY That part of Lot 13, Block 1, INNSBRUCK NORTH 2' ADDITION and Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying northerly and easterly of the following described line: as Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK NORTH 2' ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 « degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 -"°° seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet- thence w southwesterly a distance of 57.95 feet along a tangential curve concave easterly, the radius of said curve being 83.00 feet and having a central angle of 40 degrees 00 minutes 00 seconds; thence South 22 z .":x degrees 29 minutes 52 seconds East, tangent to last described curve to its intersection with the southerly line of said Lot 13, Block 1 and there terminate. _X 0 on zE` x4 .Mh � z > Qi kysF Irma C tl A a a o � a RLK-MISC\13-I INS.gcd 6-26-03 11x17 1-30' SI/2 SEC.24-30-24 Planning Commission Minutes—September 17, 2003 Page 4 2. PUBLIC HEARING Consideration of a Preliminary Plat, PS #03-05, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:47 P.M. Ms. Stacy Stromberg, Planner, stated the City of Fridley is requesting a replat of City-owned property located at Farr Lake Park and property owned at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein, to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. She explained that it has come to the City's attention that the Kleins are occupying a small portion of the City-owned property. The Kleins had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. The City currently has an easement for a trail over a portion of the Klein's property. The Kleins have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size, and it is in the City's and the Klein's best interest to exchange these two pieces of land. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. Ms. Stromberg stated that staff recommends approval of this plat request. Ms. Savage asked Mr. and Mrs. Klein if they wanted to add anything. Mr. Brendan Klein stated he did not have anything to add, because everything was well covered in the staff report. MOTION made by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:51. The Commission members were in favor of the request. MOTION made by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of Preliminary Plat, PS #03-05, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City-owned land. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE MINUTES OF THE-JULY 9 2003 APPEALS COMMISSION MEETING MOTION made by Mr. Kuechle, seconded by Mr. Kondrick, to receive the July 9, 2003, Appeals Commission minutes. Planning Commission Minutes—September 17, 2003 Page 3 Mr. Bona responded that he had no problems with the stipulations. He has et with most of the neighbors, and the neighbors were supportive of his request. Mr. Kuechle asked Mr. Bona if he was extending the construction behi the newest building and would he be continuing the concrete block wall. Mr. Bona stated he regretted putting in the concrete block wall. Hi intention was to use brick. He stated his intent is to create a walkway between the existing op and the new three bays, so that mechanics are not walking through the customer waitin area. Mr. Kondrick asked if it would look the same, but be 4 feet ' erent. Mr. Bona stated that was correct. Mr. Oquist stated the print shows four bays. Mr. Bona stated there would be three bays and o is an existing car wash bay. It will be architecturally tied together for uniformity. MOTION by Mr. Kondrick, seconded by Mr. S ba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING YE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMO LY AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. The Commissioner members agreed his was a good project. MOTION by Mr. Saba, seconded y Mr. Kuechle, to recommend approval of the request for Special Use Permit, SP #03-13, y Brian Bona, to expand an automobile service station to allow the construction of a new buildi g that will connect the existing gas station and service station, generally located at 5333 and 311 University Avenue NE with the following stipulations: 1. The petition shall obtain all necessary permits prior to construction. 2. The propo d addition shall be architecturally compatible with the existing building a d finished with complementary building materials, staff to review and approve nal elevations. 3. No out or storage shall be permitted on site. All existing outdoor storage, includ' g the storage pod shall be removed upon completion of the proposed expa sion. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. All ighting shall be shielded, downcast and may not exceed 3-foot candies of Ii t intensity at the property line. UPON A VO E VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTI N CARRIED UNANIMOUSLY. Ms. Savag said this special use permit will be heard on September 29, 2003, by the City Council. AGENDA ITEM ri CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 CITY of FRIDLEY Date: September 18, 2003 To: William Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #03-05, City of Fridley M-03-135 INTRODUCTION City Staff is requesting a replat of City owned property located in Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein. The replat will allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It has come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. PLANNING COMMISSION RECOMMENDATION At the September 17, 2003, Planning Commission meeting, a public hearing was held for PS #03-05. After a brief discussion, the Planning Commission recommended approval of plat request, PS #03-05. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 13 AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 CITY OF FRIDLEY Date: September 7, 2004 To: William Burns, City Manager r-%� From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Utility & Drainage Easement Vacation Request, City of Fridley M-04-118 INTRODUCTION On September 2003, the Council approved a preliminary plat to allow the creation of legal descriptions necessary to swap properties with the Klein's. The Klein's mortgage holders have requested that the unused utility easement, located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a Council resolution is necessary to vacate the underlying easement. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council approve the resolution vacating the Klein's utility easement as part of the approval of the final plat. 6 AGENDA ITEM ri CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 CHY OF FRIDLEY Date: September 7, 2004 To: William Burns, City Managerl�V From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Final Plat Request, PS #03-05, City of Fridley M-04-119 INTRODUCTION City Staff is requesting a replat of City owned property located in Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. The replat will allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It has come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. PAST COUNCIL ACTION At the September 29, 2003, City Council meeting, a public hearing was held for PS #03-05. After a brief discussion, the City Council approved preliminary plat request, PS #03-05. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the final plat. 8 AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 CrrY OF FRIDLEY Date: September 8, 2004 tt(►� To: William Burns, City Manager From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Property Exchange Request, Brendan & Cheryl Klein M-04-120 INTRODUCTION The attached resolution authorizes the exchange of properties with the Klein's. The Klein's will now own the land underneath their swimming pool and the City will own the portion of the Klein's lot where the bike trail exists. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the land exchange. The land exchange will resolve the encroachment issue. 10 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 200 CFrY OF FRIDLEY Date: October 20, 2004 To: William Burns, City Manager From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Final Plat, PS #03-05, City of Fridley and Brendan and Cheryl Klein M-04-136 INTRODUCTION On September 17, 2003, the Planning Commission considered plat request PS #03-05, by the City of Fridley and Brendan and Cheryl Klein. The replat is of City owned property located in Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein. The replat will allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. City Staff and the Planning Commission recommended approval of plat request, PS #03-05. PAST COUNCIL ACATION At the September 29, 2003, City Council meeting, the preliminary plat was approved. RECOMMENDATION City Staff and the Planning Commission recommend final plat approval of PS #03-05. 5 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 CITY OF FRIDLEY Date: October 20, 2004 To: William Burns, City Manager�� From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Property Exchange Request, City of Fridley and Brendan & Cheryl Klein M-04-137 INTRODUCTION The attached ordinance authorizes the exchange of properties between the City and the Klein's. The Klein's will now own the land underneath their swimming pool and the City will own the portion of the Klein's lot where the bike trail exists. PLANNING COMMISSION ACTION At the October 6, 2004, Planning Commission meeting, a public hearing was held for the land exchange between the City and the Klein's. After a brief discussion, the Planning Commission recommended approval of the land exchange between the City and the Klein's. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the land exchange and ordinance (attached). The land exchange will resolve the encroachment issue. 7 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: October 6, 2004 TO: Planning Commission FROM: Scott Hickok, Community Development Director Stacy Stromberg, Planner SUBJECT: Vacation Request, SAV #04-04 — City of Fridley & Brendan & Cheryl Klein INTRODUCTION As you will recall, in September of 2003, the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. As this time, the Klein's are seeking to vacate the unused drainage and utility located under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. HISTORY It had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. ANALYSIS The final plat went before the City Council on September 17, 2004. At which time, the Klein's mortgage company also required that the City vacate the unused drainage and utility easement, located under the Klein's swimming pool (see attached survey). Prior 8 to final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for your review. The City Council is also asking that you hold a public hearing on the exchange of properties between the City and the Klein's. City Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore, staff would recommend that the easement be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and asking for your approval on the land exchange between them and the City. CITY STAFF RECOMMENDATION City Staff recommends that the Planning Commission hold a public hearing and approve Vacation Request, SAV#04-04. City Staff also recommends that the Planning Commission hold a public hearing and approve the land exchange between the City and the Klein's. 9 I'� ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN. WHEREAS, the City of Fridley, Minnesota, owns certain property on which property fixtures and improvements by an adjoining landowner have encroached; and WHEREAS, it would be to the benefit and advantage of the City of Fridley, Minnesota, that certain land on which a pathway easement is located in the City to benefit the public would be converted to fee ownership in the City; and WHEREAS, the Fridley City Charter Chapter 12.06., SALES OF REAL PROPERTY, requires that no real property of the City shall be sold or disposed of except by ordinance and that the proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose; but if there is no such outstanding indebtedness, then the Council may by a resolution adopted by an affirmative vote of at least four(4) members of the Council designate some other public use for such proceeds; and WHEREAS, Brendan M. and Cheryl A. Klein ("the Klein's") are the fee owners of Lot 13, Block 1 Innsbruck North 2nd Addition, Anoka County, Minnesota; and WHEREAS, The City is the fee owner of Farr Lake Park with no outstanding indebtedness; and WHEREAS, the Kleins have inadvertently encroached upon the City's Farr Lake Park property by constructing improvements thereon; and WHEREAS, the City has, from the Kleins, obtained easements for use for pathway purposes but would prefer to own its interest in the property in fee; and WHEREAS, the two parcels of land are of approximately the same size; and it is of mutual benefit to the City and the Klein's to exchange portions of these lots to eliminate the encroachment; and WHEREAS, The City finds that the proposed land exchange is in the best interest of the City and its citizens. WHEREAS, the description of the property that the the City would convey to the Klein's is described as that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract "A" on the attached sheet. 10 WHEREAS, the description of the property that the City would accept from the Klein's is that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County,Minnesota, labeled and described as Tract`B" on the attached sheet. IT IS, THEREFORE, HEREBY ORDAINED BY THE CITY OF FRIDLEY, that in accordance with City Charter, this land shall be disposed of in a land exchange, rather than a sale. IT IS FURTHER ORDAINED that the City convey to the Klein's that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract"A" on the attached sheet, and That the City accept from the Klein's that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract"B" on the attached sheet. IT IS FURTHER ORDAINED that the Mayor and City Manager are authorized to execute on behalf of the City any and all such documents and instruments as may be necessary to effect the foregoing on behalf of the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF NOVEMBER, 2004. Scott Lund, Mayor ATTEST: Deb Skogen, City Clerk Public Hearing: October 25, 2004 First Reading: October 25, 2004 Second Reading: November 8, 2004 Publication: '�1 FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29 2003 PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNIN COMMISSION MEETING OF SEPTEMBER 17, 2003. RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP03-13, BY BRIAN BONA, TO ALLOW THE EXPANSION OF AN AUTOMOIALE SERVICE STATION TO CONNECT THE EXISTING GAS STATION PD SERVICE STATION, GENERALLY LOCATED AT 5333 AND 5311 UNI RSITY AVENUE N.E. WARD 1). Dr. William Burns, City Manager, aid this request allowed the construction of a new building that connected the gas st ion and the service garage. Petitioner was going to initially build a car wash, but th t project was abandoned. The Planning Commission approved this request at their eeting on September 17, 2003. Staff recommended Council's approval with five st' ulations. APPROVED SPECIAL U E PERMIT REQUEST, SP #03-13, BY BRIAN BONA, WITH THE FOLLOW G FIVE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN ALL ECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. THE PROPOSED ADDITIONS SHALL BE ARCHITECTURALLY COMPATIBLE WI THE EXISTING BUILDING AND FINISHED WITH COMPLEMENTA BUILDING MATERIALS. STAFF TO REVIEW AND APPROVE FINA ELEVATIONS; 3. NO OUTDOOR STORAGE SHALL BE PERMITTED O SITE. ALL EXISTING OUTDOOR STORAGE, INCLUDING THE STORAG POD, SHALL BE REMOVED UPON COMPLETION OF THE PROPOSED E PANSION; 4. SITE SHALL NOT BE USED TO DISPLAY CARS FOR SALE O STORAGE OF TRUCKS FOR RENT; AND 5. ALL LIGHTING SHALL BE HIELDED, DOWNCAST AND MAY NOT EXCEED 3-FOOT CANDLES F LIGHT INTENSITY AT THE PROPERTY LINE. 3. PRELIMINARY PLAT REQUEST, PS #03-05, BY THE CITY OF FRIDLEY, TO ALLOW THE EXCHANGE OF PROPERTY IN ORDER TO CORRECT AN ENCROACHMENT ON CITY-OWNED LAND, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD AND FARR LAKE PARK (WARD 2). Dr. William Burns, City Manager, stated that the owners of the property, Mr. and Mrs. Klein, inadvertently constructed a swimming pool in their yard that encroached on a small portion of Farr Lake Park. Since the City had an easement for a trail over a similar sized portion of the Klein's property, staff proposed that the City and Mr. and Mrs. Klein exchange the two areas. The Planning Commission approved this request at their meeting on September 17, 2003. Staff recommended Council's approval. APPROVED PRELIMINARY PLAT REQUEST, PS #03-05. I� CITY OF FRIDLEY CITY" COUNCIL MEETING MINUTES SEPTEMBER 29, 2003 The Regular Meeting of the Fridley City Council was called to ord by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of llegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Council ember Barnette, Councilmember Billings, Councilmember Wo e and Councilmember Bolkcom MEMBERS ABSENT: None OTHERS PRESENT: William W. urns, City Manager Richard Pr' yl, Finance Director/Treasurer Scott Hic ok, Community Development Director Myra .s, Public Safety Projects Coordinator Frede c Knaak, City Attorney PROCLAMATIONS: Student Foreign Exchange eek: September 29 through October 5,2003 Mayor Lund read and pr sented a proclamation for Student Foreign Exchange Week to Nat Boonjunwetvat from Th and, Andrea Mier-Vaca from Bolivia, and Luis Pereira from Paraguay. The Mayor thanked Su Davis for her help and dedication. Fire Prevention W k: October 6 through 12,2003 Mayor Lund read d presented a proclamation for Fire Prevention Week to Ralph Messer from the Fridley Fire epartment. APPROVAL F PROPOSED CONSENT AGENDA: APPR04 OF MINUTES: C- y Council Meeting of August 25, 2003. APPROVED. CITY OF FRIDLEY CITY COUNCIL MEETING SEPTEMBER 13, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the PI dge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. PROCLAMATION: Student Foreign Exchange We k: September 13 — 19, 2004 Mayor Lund presented the proclamat' n and introduced the following foreign exchange students: Roberta Masala from Italy, Aude Pauhaer from France, and Joergen Steffensen from Norway. Constitution Week: Sept mber 17 — 23, 2004 Mayor Lund presented the proc mation to Ann Essling and Dorothy Linse. Domestic Violence A areness Month: October 2004 Mayor Lund presented the roclamation to Christine Molso from the Alexandra House. Ms. Molso, Volunteer and Community Education Coordinator for Alexandra House, stated this past year they housed 420 women and assisted 395 children. Of the 420 women served, 42% were from Anoka County and 47% of those women were from the City of Fridley. APPROVAL OF PR POSED CONSENT AGENDA: APPROVAL OF MI UTES: City Council Meeting of August 9, 2004. (Tabled August 23, 2004.) Approved. City Council Meeting of August 23, 2004. Approved. f FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Page 2 of 9 OLD BUSINESS: 1. Ordinance No. 1197 Amending the Fridley Municipal Code by Allowing Certain Holders of Liquor Licenses to Sell Intoxicating Liquor until 2:00 a.m. Dr. Burns, City Manager, stated this legislation amends Chapters 602, 603 and 606 of the City Code to allow establishments that are licensed for on-sale beer and liquor and on-sale clubs to apply for permits to extend their hours of sales to 2:00 a.m. Council approved the first reading of this ordinance on August 23, 2004. Staff made the language clarifications requested by Council. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1197 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated last September, Council approved the preliminary plat to allow the creation of legal descriptions necessary to swap properties with Brendan and Cheryl Klein, owners of the property at 1419 West Danube Road. The Kleins' mortgage holder has requested that the unused utility easement located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a resolution approved by Council is necessary to vacate the underlying easement. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated that last year, an encroachment on City property was discovered. The owners of 1419 West Danube Road built a pool on a portion of park property. The City has an easement for a trail over a portion of the Klein's property. Last September, Council approved a land swap of two similar sized properties to correct the problem. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING SEPTEMBER 13 2004 Page 3 of 9 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said that pursuant to the terms of the land exchange, Mr. and Mrs. Klein will receive a 1,447 square foot parcel, Tract A, and the City will receive a 1,550 square foot parcel, Tract B. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolutibn No. 2004-48 Consenting to the Housing and Redevelopment Authority inand for the City of Fridley, Adopting a 2004 Tax Levy Collectibl in 2005. Dr. Burns, City Manager, stated that since 1996, the HRA has been levying a small property tax to cover the cost of its housing and rehabilitation programs. This tax amounts to .0144% of,the taxable market value for all Fridley real estate. In 2005, this tax is expected to generate $321,192 and will cost the owner of a $200,000 single family home approximately $28.80. The HRA unanimously approved the 2005 levy at their September 2 meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-48. 6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST.2004-1. Dr. Burns, City Manager, explain there are 67 properties and a proposed assessment of $106,171.67. The amount will be assessed for ten years with interest charged in equal payments at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FRO THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Resolution Declaring Cost to 'be Assessed and Ordering Preparation of Proposed Assessment for Alley' aving Project ST. 2003-3. Dr. Burns, City Manager, stated this is th assessment for the alley paving that was done last year for the alley located beh d Anoka Street and Arthur Street from Mississippi Street to 66th Avenue. The cost, $21,336, is to be assigned to the benefiting property owners. The amount will be assessed for ten years with interest charged in equal payments at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Page 4 of 9 8. Resolution Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement. Dr. Burns, City Manager, explained that there are two properties to be assessed for a total of $9,830.16. They will be assessed for one year at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Resolution Directing Publi ation of the Public Hearing Notice on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. t. 2003-3; and Nuisance Abatement Project 2004-1. Dr. Burns, City Manager, stated the otice will be published on September 16 and the hearings will be held on October 4. tall recommends Council's approval. THIS ITEM WAS REMOVED FRO THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Resolution No. 2004-51 Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. Dr. Burns, City Manager, explained tO is item provides for Council's approval of the 2004 firefighters contract which provide for life, health, and dental insurance benefits currently enjoyed by non-union em oyees. It also provides for the same 2% cost of living adjustment that non-union e ployees received this year. There are no other changes in the current contract langu ge. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004451. 11. Resolution No. 2004-52 Designating Time and Number of Council Meetings for 2005. Dr. Burns, City Manager, stated staff has provided a proposed calendar of meetings and holidays for 2005. Staff recommends �ouncil's approval. ADOPTED RESOLUTION NO. 2004-7. 12. Claims. APPROVED CLAIM NOS. 117988 THROUGH 118275. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Page 5 of 9 13. Licenses. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette, seconded by/Councilmember Wolfe, to approve the consent agenda with the removal of Items 2, 3, , 6, 7, 8, and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAY R LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, sec 'ded by Councilmember Wolfe, to adopt the agenda with the addition of Items 2, 3, 4, , 7, 8, and 9. UPON A VOICE VOTE, ALL VOTING E, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on the agenda (15 minutes). Mr. Nathan Jones, 2217 Maiden Yane N.E., Columbia Heights, introduced himself as a candidate for State Representati e in House District 50A. Mr. Pete Eisenzimmer 6535 O kley Drive N.E., thanked the people who helped him get the utility rate issue on the' ballot. He also expressed concern about the lack of response from the City staff on his question regarding the recycling contract and asked staff to send him a letter ex laining what will be done. Mr. Hickok, Community evelopment Director, said he contacted Mr. Eisenzimmer last week to schedule a mee ing with him. Mr. Eisenzimmer indicated he was not available. He stated he will contact Mr. Eisenzimmer again to schedule an appointment. At CouncilmemberB Ikcom's request, Mayor Lund clarified the purpose of the Open Forum portion of the eeting. Mr. Don Anderson/, 7304 West Circle N.E., stated he will be participating in the Twin Cities Marathon onctober 3 and would like the citizens' support. Mr. Bob Ecker, 5940 Third Street N.E., stated there is a 10' x 10' shed on the property across from his home. Mr. Hickok asl Mr. Ecker to call him and he will investigate. Mr. Brett Letoeau, Citywide Service Corporation, stated he thought the City's Police Department's towing contract was on tonight's agenda. 4 FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Page 6 of 9 Mr. Abbott, Pub i Safety Director, apologized and explained there was insufficient time to prepare the material for this meeting, but it should be ready for the next Council meeting. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 West Danube Road (Ward 2). 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Councilmember Billings referred to the City Charter which requires that any land sold or disposed of by the City must be done by ordinance. Mr. Fritz Knaak, City Attorney, reviewed the Charter and concurred that the final action on this exchange will have to be by ordinance. He suggested Council table the resolution and begin with the normal procedures for adopting an ordinance. Councilmember Billings questioned the whole process on this matter and whether or not the City is actually gaining anything. Mr. Hickok, Community Development Director, explained that staff thought this would be a creative solution to what was a problem for the property owner. They had a pool and equipment installed outside of their survey boundaries. There was almost an exact square foot trade that could be made so that the City could take the path land by easement and get that in title and in exchange the Klein's could get almost identical square foot dimensions back to reconfigure their loft and have their pool and equipment on their own property. Councilmember Billings commented when the City has an easement, it has the right to use it for whatever purposes the easement is. Mr. Hickok explained that this was an important issue for the Kleins. Councilmember Billings asked who is paying the fees and how much staff time has been invested in this matter. Mr. Hickok stated the Kleins are paying the fees. As for staff time, there has been a limited amount involved. The Kleins hired their own surveyor, their own attorneys, their own title people and their own closing company. FRIDLEY CITY COUNCIL MEETING SEPTEMBER 13 2004 Page 7 of 9 Mayor Lund asked about the existing chain link fence on this property. Mr. Hickok explained there is a retaining wall with a fence around the pool equipment. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table Items 2, 3 and 4 until such time that staff can bring these items back before the Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Resolution No. 2004-46 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2004-1. 7. Resoluti No. 2004-47 Declaring Cost to be Assessed and Ordering Preparati n of Proposed Assessment for Alley Paving Project No. ST. 2003- 3. 8. Resolution No. 2004-49 Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement. 9. Resolution No. 2004-50 Directing Publication of the Public Hearing Notice on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. 2003-3; and Nuisance Abatement Project 2004-1. Councilmember Bolkcom her only concern is that the correct and current property owners are notified of the a ove items. Mr. Pribyl, Finance Director, stated there are only two property owners involved in the nuisance abatement. Staff u es the information available from Anoka County property tax system as far as current roperty ownership. He said they checked the County records as recently as last wee to make sure they had up-to-date information. ,MOTION by Councilmember Bo com, seconded by Councilmember Barnette, to adopt Resolution No. 2004-46. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcorr, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-47. UPON A VOICE VOTE, ALL VOTING A , MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13 2004 Page 8 of 9 MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-46 a UPON A VOICE VOTE, �LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSi Y. 0 MOTION by Councilmern er Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-50. UPON A VOICE VOTE, ALL\VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. s 14. Informal Status Reports Councilmember Bolkcom stated here are meetings on September 14 and 15 at 7:00 p.m. at City Hall regarding the str t reconstruction project for next year. Councilmember Bolkcom thanked t e City Police and Recreation Department for their assistance in the Art at Rice Creek e nt. Councilmember Wolfe thanked Jack Ki and the Recreation staff for the successful City golf tournament. Mayor Lund thanked those who attende the September 11th Patriot Day event at Spring Lake Park High School. Mary Lund stated on September 29 the City wi be hosting a Senior Safety Camp at the Fridley Community Center from 8:30 a.m. to 3:3 m. Councilmember Billings commented on the editor Is in the Fridley Focus about the comprehensive plan and housing forums. One question raised is how this is being paid for. Another concern expressed was that the consultant was trying to steer attendees in a specific direction. He asked Mr. Hickok to explai the process, why there is a coordinator involved, what staff's expectations are and ho staff plans to address those people who are dissatisfied with the direction of the housin \sted Mr. Hickok explained the consultant for the housing forpaid half by a revenue fund for Section 8 and half by the Fridley HRA. he facilitator was chosen because he has worked with the City on the comprn. They also felt it was important to have City staff step back based on rece , and they did not want the forums to be biased in any way. The facilitator isunderstands the comprehensive plan process. At the end of the forums, the consultant will prepare a final report that will summarize the discussions. There is no effort being made to steer work to the facilitator. It is about getting feedback on City housing is es. This facilitator is very good at getting the issues out on the table and getting thos matters resolved. Another concern expressed was that the forums are more like a lect re. He FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13 2004 Page 9 of 9 said a forum includes sharing of information with a question and answer period. Attendees should be prepared to listen as well as to ask questions and get answers. There is a follow-up document for the first session that answers every question presented. It will be handed out at the next forum scheduled for September 23. Councilmember Bolkcom commente that the forum was structured for questions and answers without creating debates. ADJOURNMENT MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOOSLY AND THE MEETING ADJOURNED AT 8:35 PM. Respectfully/submniied by, Rebecca Bra Scott J. Lund Recording ibcretary Mayor f FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 2 OF 17 OLD BUSINESS: 1. Resolution No. 2004-59 to Vacate an Existing Drainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, explained this item was tabled at the September 13 Council meeting and the consent item brings it from the table. The easement is not used nor expected to be used. Staff is recommending that the easement be vacated and the land located beneath a portion of the Klein's swimming pool be swapped for land that the Klein's own. ADOPTED RESOLUTION NO. 2004-59. 2. Resolution No. 2004-60 Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, stated this item was also tabled on September 13 and this consent item brings it from the table. Staff is proposing this replat as a part of the agreement between the City and Brendan and Cheryl Klein of 1419 West Danube Drive. By this agreement, the City is trading a small portion of Farr Lake Park for a similarly sized portion of the Klein's property. These properties have been incorporated into the plat and the plat was approved by the Planning Commission on September 17, 2003. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-60. NEW BUSINESS: 3. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The exchange, easement vacation and replat complete actions necessary to correct the encroachment by the Klein's swimming pool on City park land. WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 4. ReceiXe the minutes from the Planning Commission Meeting of October 7, 2004. \ RECEIVED. CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 8, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and -audience in the Pledge of Allegiance to the flag. 7 ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director, Deb Skogen, City Clerk Rebecca Brazys, Recording Secretary APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City ouncil Meeting of October 25, 2004 AP ROVED. OLD BUSINESS: 1. Ordinance No. 1198 to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, stated this is an exchange of a small parcel between the City and Brendan and Cheryl Klein, 1419 West Danube Drive. The exchange is being made to cure an encroachment on Farr Lake Park. A public hearing was held on this matter FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8 by the Planning Commission on October 6, 2004. After a brief discussion and no public opposition, the Planning Commission recommended approval of the land exchange between the City and the Kleins. The Council approved the first reading of this ordinance at their October 25, 2004, meeting. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Recei a Proposals and Award Contract for Design and Construction Admini tration Services for the Commons Park Filter Plant Upgrades. Dr. Burns, City Manager, stated the City received five responses from its request for proposals. After studying the proposals, staff recommends approval of a contract with Bonestroo, Rosene,\Anderlik & Associates for a not to exceed cost of $152,750. THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve 2004-2005 Winter Snow Removal Policies and Procedures. Dr. Burns, City Manager, stated the plan identifies equipment and snow plowing procedures and is also available on the City's website. It establishes that Jeff Jensen, Street Supervisor, will determine when to call employees for snow removal. Normally City crews will begin plowing sno after a storm has ended. It also provides for the initial clearing of collector streets\followed by clearing in ten residential districts. Whenever slippery conditions exist ori,City streets, the Police Department will notify the "on-call" person in the street division fo�the spreading of salt/sand at intersections and other icy areas. The plowing of collector streets typically takes four to six hours. Plowing of neighborhood streets takes al other six to eight hours. Since specialized equipment is needed for the clearing of Fridley's eight-six cul-de-sacs and thirty-five dead-end streets, clearing of these areas will typically occur toward the end of the twelve to sixteen hour plowing cycle. As streets are plowed, we will also be plowing improved alleys and municipal parking lots. While we plow concrete sidewalks, we do not plow asphalt bikeways. Beginning November 1 and ending April 1, Dr. Burns explained, all vehicles must be off City streets between the hours of 2:00 a.m. and 6:00 a.m. Also, all vehicles must be off City streets whenever snow plowing is necessary. Fbr a major snow storm (over 9" of snow) a snow emergency plan will be enacted. This means that crews will work in twelve hour shifts. An initial pass will be made on each#eet before clearing from curb to curb. Dr. Burns also pointed out that University Aven e, Highway 65 and 1-694 are the responsibility of the State. Anoka County has responsi ility for East River Road, the 44th Street bridge, Main Street north to 57th Avenue, 57th ea to University Avenue, 49th CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-34-50• FAX (763) 67E-1=87 CITY COUNCIL ACTION TAKEN NOTICE October 1, 2003 Brendan & Cheryl Klein 1419 West Danube Road NE Fridley, MN 55432 Dear Mr. & Mrs. Klein: On Monday, September 29, 2003, the Fridley City Council officially approved your request for a Preliminary Plat, PS #03-05, to allow the exchange of property in order to correct an encroachment on City owned land, legally described as Lot 13, Block 1, INNSBRUCK. NORTH 2ND ADDITION, Anoka County, Minnesota, generally located at 1419 West Danube Road and Farr Lake Park. The Council action described above is only to approve the preliminaryplat. You must have an approved final plat prior to recording at Anoka County. When the final plat has been prepared by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for review. Once that review is completed, please submit three full size copies of the final plat to the Community Development Department. The Community Development staff will contact you as to which council meeting the item will be scheduled for consideration (it will be placed under the "consent agenda"). After Council action on the final plat, the mylars of the plat must be submitted to the City for signature by the Mayor and City Cierk.,Once signed, the piat is ready for recording at Anoka County. The final plat must be submitted for action within six months of approval of the preliminary plat. If you have any questions regarding the above action, please call me at 763-572-3590. Sincere , Cott ickok Community Development Director SH/jt Action Taken Letter- Klein's Page 2 September 29, 2003 cc: Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Sharon Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by Monday, October 13, 2003. Concur with action taken. C-03-118 f f p CITYOF FR[DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 2, 2004 Brendan & Cheryl Klein 1419 West Danube Road Fridley MN 55432 Dear Mr. & Mrs. Klein: On Monday, October 25, 2004, the Fridley City Council officially approved your request for a Final Plat, PS # 03-05, which was a resolution, to exchange property to correct an encroachment on City owned land, an ordinance approving the land exchange, and a Vacation, SAV 04-04, was approved, which was a resolution, for a necessary utility easement, generally located at 1419 West Danube Road and Farr Lake Park. The legal descriptions are listed below: 1419 W. Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage an utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. If you have any questions regarding the above action, please call me at 763-572-3590. Since el�r, Sco Hicko Community Development Director SH/jb Action Taken Letter-PS 03-05 & SAV 04-04-Klein Page 2 November 2, 2004 cc: Plat File Vacation File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 19, 2004 Concur with a tion taken. C-04-102 1892150 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Preliminary Plat, PS #03-05 Owner:Brendan M. Klein and Cheryl A. Klein The above entitled matter came before the City Council of the City of Fridley and was heard on the 29th day of September, 2003, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow the exchange of property in order to correct an encroachment on City-Owned Land, legally described as Lot 13, Block 1, Innsbruck North 2nd Addition (subject to easement as shown on plat), subject to accepted easement for walkway to City of Fridley (7-17-74), generally located at 1419 West Danube Road and Farr Lake Park. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council Meeting Minutes of September 29th, 2003. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) -,[ C"lerk's Office Late Received -2-2-6 Forward to Copy to __ I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of 1206Y DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk (SEAL) r FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 17, 2003. RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP #03-13, BY BRIAN BONA, TO ALLOW THE EXPANSION OF AN AU MOBILE SERVICE STATION TO CONNECT THE EXISTING GAS STAT ON AND SERVICE STATION, GENERALLY LOCATED AT 5333 AND 531 UNIVERSITY AVENUE N.E. (WARD 1). Dr. William Burns, City M ger, said this request allowed the construction of a new building that connected the as station and the service garage. Petitioner was going to initially build a car wash, ut that project was abandoned. The Planning Commission approved this request at heir meeting on September 17, 2003. Staff recommended Council's approval with f e stipulations. APPROVED SPECI USE PERMIT REQUEST, SP #03-13, BY BRIAN BONA, WITH THE FOLL WING FIVE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN L NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. THE PROPOS D ADDITIONS SHALL BE ARCHITECTURALLY COMPATIBLE ITH THE EXISTING BUILDING AND FINISHED WITH COMPLEMEN ARY BUILDING MATERIALS. STAFF TO REVIEW AND APPROVE FI AL ELEVATIONS; 3. NO OUTDOOR STORAGE SHALL BE PERiMITTE ON SITE. ALL EXISTING OUTDOOR STORAGE, INCLUDING THE STO GE POD, SHALL BE REMOVED UPON COMPLETION OF THE PROPOSE EXPANSION; 4. SITE SHALL NOT BE USED TO DISPLAY CARS FOR SAL OR STORAGE OF TRUCKS FOR RENT; AND 5. ALL LIGHTING SHALL E SHIELDED, DOWNCAST AND MAY NOT EXCEED 3-FOOT CAND S OF LIGHT INTENSITY AT THE PROPERTY LINE. 3. PRELIMINARY PLAT REQUEST, PS #03-05, BY THE CITY OF FRIDLEY, TO ALLOW THE EXCHANGE OF PROPERTY IN ORDER TO CORRECT AN ENCROACHMENT ON CITY-OWNED LAND, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD AND FARR LAKE PARK (WARD 2). Dr. William Burns, City Manager, stated that the owners of the property, Mr. and Mrs. Klein, inadvertently constructed a swimming pool in their yard that encroached on a small portion of Farr Lake Park. Since the City had an easement for a trail over a similar sized portion of the Klein's property, staff proposed that the City and Mr. and Mrs. Klein exchange the two areas. The Planning Commission approved this request at their meeting on September 17, 2003. Staff recommended Council's approval. APPROVED PRELIMINARY PLAT REQUEST, PS #03-05. CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES SEPTEMBER 29, 2003 The Regular Meeting of the Fridley City Council was alled to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in th ledge of Allegiance to the Flag. t ROLL CALL: MEMBERS PRESENT: Mayor Lun , Councilmember Barnette, Councilmember Billings, Councilm ber Wolfe and. Councilmember Bolkcom MEMBERS ABSENT: None OTHERS PRESENT: William W. Burns, City Manager Ri and Pribyl, Finance Director/Treasurer S ott Hickok, Community Development Director yra Harris, Public Safety Projects Coordinator rederic Knaak, City Attorney PROCLAMATIONS: Student Foreign Exch ge Week: September 29 through October 5, 2003 Mayor Lund read an presented a proclamation for Student Foreign Exchange Week to Nat Boonjunwetvat from hailand, Andrea Mier-Vaca from Bolivia, and Luis Pereira from Paraguay. The Mayor thanked ue Davis for her help and dedication. Fire Prevention eek: October 6 through 12,2003 Mayor Lund re and presented a proclamation for Fire Prevention Week to Ralph Messer from the Fridley Fir Department. APPROVAL F PROPOSED CONSENT AGENDA: APPROVA OF MINUTES: Cit Council Meeting of August 25, 2003. A PROVED. ABSTRACT Receipt# �- ❑ incorrect/No Reference# / t�� E] Non-standardDocument Date/Time t ❑ Certified Copy/ DOCUMENT NO.18 9 215 0 . 0 ABSTRACT Document Order____j_of 1 ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability SZ FOR RECORD ON JAN 2 2 2 0 0 4 AND WAS DULY RECORDED. Filing Fees $g+zz AT 4 :30 PMPAID. [-ITax Lien/Release FEES AND TAXES IN THE AMOUNT OF $20 - 00 Copy/Additional Pg Fees $ ElTransfer 200402 7881 Well Cert Fees $ RECEIPT N0. ❑ Division MAUREEN J.DEVINE ❑ Incomplete Form ❑ Status ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Missing Attachment ❑ New legal Description BY SLZ ❑ No Legal Description ❑ GAC DEPUTYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Non-existent Legal Description ❑ Deferred Specials ❑ Part(s)Illegible o Change � I � T I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I Ijave hereunto subscribed my hand at th City of Fridley, Minnesota, in the County of Anoka on the�day of , 20 DRAFTED BY: City of Fridley fi 6431 University Avenue N.E. a- Fridley, MN 55432 Debra A. kogen, City Clerkj ° (SEAL) s � FRIDLEN- CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 2 NE`Y' BL'SINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION YIEETI.NG OF SEPTEMBER 17, 2003. RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP 403-13, BY BRIAN BONA, TO ALLONV THE EXPANSION OF AN AUTOMOBILE SERVICE STATION TO CONNECT THE EXISTING GAS STATION AND SERVICE STATION, GENERALLY LOCATED AT 5333 AND 5311 UNIVERSITY AN-ENUE N.E. (WARD 1). Dr. William. Burns, City Manager, said this request allowed the construction of a new- building that connected the gas station and the service garage. Petitioner was going to initially build a car wash, f ut that project was abandoned. The Planning Commission approved this request at�heir meeting on September 17, 2003. Staff recommended Council's approval with fi e stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-13, BY BRIAN BONA, WITH THE FOLL,O`VING FIVE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. THE PROPOSED ADDITIONS SHALL BE ARCHITECTURALLY COMPATIBLE j`VITH THE EXISTING BUILDING AND FINISHED WITH COMPLEXIEN ARY BUILDING MATERIALS. STAFF TO REVIEW AND APPROVE FI "AL ELEVATIONS; 3. NO OUTDOOR STORAGE SHALL BE PER:MITTE ON SITE. ALL EXISTING OUTDOOR STORAGE, INCLUDING THE STO GE POD, SHALL BE REMOVED UPON COMPLETION OF THE PROPOSE EXPANSION; 4. SITE SHALL NOT BE USED TO DISPLAY CARS FOR SALE OR STORAGE OF TRUCKS FOR RENT; AND 5. ALL LIGHTING SHALL J�E SHIELDED, DOWNCAST AND NIAY NOT EXCEED 3-FOOT CANDLES OF LIGHT INTENSITY AT THE PROPERTY LINE. 3. PRELIMINARY PLAT REQUEST, PS #03-05, BY THE CITY OF FRIDLEY, TO ALLOW THE EXCHANGE OF PROPERTY IN ORDER TO CORRECT AN ENCROACHMENT ON CITY-OWNED LAND, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD AND FARR LAKE PARK (WARD 2). Dr. William Burns, City Manager, stated that the owners of the property, Mr. and Mrs. Klein, inadvertently constructed a swimming pool in their yard that encroached on a small portion of Farr Lake Park. Since the City had an easement for a trail over a similar sized portion of the Klein's property, staff proposed that the City and Mr. and Mrs. Klein exchange the two areas. The Planning Commission approved this request at their meeting on September 17, 2003. Staff recommended Council's approval. APPROVED PRELIMINARY PLAT REQUEST, PS 403-05. ABSTRACT Receipt# l ❑ Incorrect/No Reference# Date/Time ` ❑ Non-standard Document DOCUMENT NO.1892152 . 0 ABSTRACT Document Order of 1 ❑ Certified Copy/ ANOKA COUNTY MINNESOTA PINs SL I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability —SZ7-- FOR RECORD ON JAN 2 2 2 0 0 4 Cz AT 4 : 30 PM AND WAS DULY RECORDED. Filing Fees $�� FEES AND TAXES IN THE AMOUNT OF $20 . 00 PAID. Copy/Additional Pg Fees $ ❑ Tax Lien/Release 2004027889 ❑ Transfer RECEIPT NO. Well Cert Fees $ MAUREEN J.DEVINE ❑ Division ❑ ANOKACOUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Incomplete Form El Status ❑ Missing Attachment [:] New legal Description RY SLZ DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ No Legal Description ❑ GAC ❑ Non-existent Legal Description ❑ Deferred Specials ❑ Part(s)Illegible Change 1971415 . 919 Record ID 1503594 l STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Transfer and Exchange of Certain Parcels of Land Owner: City of Fridley The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 2004, and on the 8th day of November, 2004, on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: For the transfer and exchange of certain parcels of land, legally described as Outlot E, Innsbruck North, Anoka County, Minnesota, generally located at Farr Lake Park, generally located at Farr Lake Park. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approved with no stipulations. See City Council meeting minutes of October 25, 2004 and November 8, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /34-h day of L� 12004. DRAFTED BY: 7 City of Fridley I 6431 University Avenue N.E. Fridley, MN 55432 Debr A. Skogen, City CI r ! t a< (SEAL) r i FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8 by the Planning Commission on October 6, 2004. After a brief discussion and no public opposition, the Planning Commission recommended approval of the land exchange between the City and the Kleins. The Council approved the first reading of this ordinance at their October 25, 2004, meeting. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive` Proposals and Award Contract for Design and Construction Administration Services for the Commons Park Filter Plant Upgrades. Dr. Burns, City Manager, stated the City received five responses from its request for proposals. After studying the proposals, staff recommends approval of a contract with Bonestroo, Rosene,\Anderlik & Associates for a not to exceed cost of $152,750. THIS ITEM WAS RE OVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve 2004-2005 Winter Snow Removal Policies and Procedures. Dr. Burns, City Manager, atated the plan identifies equipment and snow plowing procedures and is also available on the City's website. It establishes that Jeff Jensen, Street Supervisor, will determine when to call employees for snow removal. Normally City crews will begin plowing sow after a storm has ended. It also provides for the initial clearing of collector struts followed by clearing in ten residential districts. Whenever slippery conditions exis on City streets, the Police Department will notify the "on-call" person in the street divisio for the spreading of salt/sand at intersections and other icy areas. The plowing of cIlector streets typically takes four to six hours. Plowing of neighborhood streets take another six to eight hours. Since specialized equipment is needed for the clearing of Fridley's eight-six cul-de-sacs and thirty-five dead-end streets, clearing of these areas will typically occur toward the end of the twelve to sixteen hour plowing cycle. A streets are plowed, we will also be plowing improved alleys and municipal parking lots While we plow concrete sidewalks, we do not plow asphalt bikeways. Beginning November 1 and ending April 1, Dr. Burns explained, all vehicles must be off City streets between the hours of 2:00 a.m. and :00 a.m. Also, all vehicles must be off City streets whenever snow plowing is necessary. For a major snow storm (over 9" of snow) a snow emergency plan will be enacted. his means that crews will work in twelve hour shifts. An initial pass will be made on e ch street before clearing from curb to curb. Dr. Burns also pointed out that University A�pnue, Highway 65 and 1-694 are the responsibility of the State. Anoka County has responsibility for East River Road, the 44th Street bridge, Main Street north to 57th Avenue, 57thaast to University Avenue, 49th ORDINANCE NO. 1198 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA,BY APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN. WHEREAS,the City of Fridley, Minnesota, owns certain property on which property fixtures and improvements by an adjoining landowner have encroached; and WHEREAS, it would be to the benefit and advantage of the City of Fridley, Minnesota,that certain land on which a pathway easement is located in the City to benefit the public would be converted to fee ownership in the City; and WHEREAS,the Fridley City Charter Chapter 12.06., SALES OF REAL PROPERTY, requires that no real property of the City shall be sold or disposed of except by ordinance and that the proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose; but if there is no such outstanding indebtedness,then the Council may by a resolution adopted by an affirmative vote of at least four(4) members of the Council designate some other public use for such proceeds; and WHEREAS, Brendan M. and Cheryl A. Klein("the Klein's") are the fee owners of Lot 13, Block 1 Innsbruck North 2nd Addition, Anoka County, Minnesota; and WHEREAS, The City is the fee owner of Farr Lake Park with no outstanding indebtedness; and WHEREAS,the Kleins have inadvertently encroached upon the City's Farr Lake Park property by constructing improvements thereon; and WHEREAS, the City has, from the Kleins, obtained easements for use for pathway purposes but would prefer to own its interest in the property in fee; and WHEREAS, the two parcels of land are of approximately the same size; and it is of mutual benefit to the City and the Klein's to exchange portions of these lots to eliminate the encroachment; and WHEREAS, The City finds that the proposed land exchange is in the best interest of the City and its citizens. WHEREAS, the description of the property that the the City would convey to the Klein's is described as that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract"A" on the attached sheet. Ordinance No. 1198 Page 2 WHEREAS,the description of the property that the City would accept from the Klein's is that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract`B" on the attached sheet. IT IS, THEREFORE,HEREBY ORDAINED BY THE CITY OF FRIDLEY, that in accordance with City Charter, this land shall be disposed of in a land exchange, rather than a sale. IT IS FURTHER ORDAINED that the City convey to the Klein's that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract"A" on the attached sheet, and That the City accept from the Klein's that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract`B" on the attached sheet. IT IS FURTHER ORDAINED that the Mayor and City Manager are authorized to execute on behalf of the City any and all such documents and instruments as may be necessary to effect the foregoing on behalf of the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF NOVEMBER, 2004. Scott J. Lund, Mayor Debra A. Skogen, Ca Clerk Public Hearing: October 25,2004 First Reading: October 25,2004 Second Reading: November 8,2004 Publication: November 11,2004 ANOKA COUNTY MINNESOTA Document No.: 1971415.019 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 12/14/2004 3:13:00 PM Fees/Taxes In the Amount of $19.50 MAUREEN DEVINE Anoka County Property Tax Administrator/Recorder;Registrar of Titles JMH, Deputy Record ID: 1503594 . ii►►�►iii►►i►��i�►��►►iiii►►iiiiii►i►i►�ii►►i 1971415 . 020 Record ID 1503619 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Transfer and Exchange of Certain Parcels of Land Owner: Brendan M. Klein & Cheryl A. Klein The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 2004, and on the 8th day of November, 2004, on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: For the transfer and exchange of certain parcels of land, legally described as Lot 13, Block 1, Innsbruck North 2nd Addition, generally located at 1419 West Danube Road. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approved with no stipulations. See City Council meeting minutes of October 25, 2004 and November 8, 2004. STATE OF MINNESOTA COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /3 day of2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City C k v, tom'+ i { CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 8, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lu Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director, Deb Skogen, City Clerk Rebecca Brazys, Recording Secretary APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Coy+ncil Meeting of October 25, 2004 APPVOVED. OLD BUSINESS: 1. Ordinance No. 1198 to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, stated this is an exchange of a small parcel between the City and Brendan and Cheryl Klein, 1419 West Danube Drive. The exchange is being made to cure an encroachment on Farr Lake Park. A public hearing was held on this matter i FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8 by the Planning Commission on October 6, 2004. After a brief discussion and no public opposition, the Planning Commission recommended approval of the land exchange between the City and the Kleins. The Council approved the first reading of this ordinance at their October 25, 2004, meeting. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive Proposals and Award Contract for Design and Construction Adminis ation Services for the Commons Park Filter Plant Upgrades. Dr. Burns, City Manager, stated the City received five responses from its request for proposals. After studying the proposals, staff recommends approval of a contract with Bonestroo, Rosene,Anderlik & Associates for a not to exceed cost of $152,750. THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve 2004-2005 Winter Snow Removal Policies and Procedures. Dr. Burns, City Manager, stated the plan identifies equipment and snow plowing procedures and is also available on the City's website. It establishes that Jeff Jensen, Street Supervisor, will determi a when to call employees for snow removal. Normally City crews will begin plowing s ow after a storm has ended. It also provides for the initial clearing of collector stre is followed by clearing in ten residential districts. Whenever slippery conditions exis on City streets, the Police Department will notify the "on-call" person in the street divisio for the spreading of salt/sand at intersections and other icy areas. The plowing of Ilector streets typically takes four to six hours. Plowing of neighborhood streets takes another six to eight hours. Since specialized equipment is needed for the clearing of Fridley's eight-six cul-de-sacs and thirty-five dead-end streets, clearing of these areas will typically occur toward the end of the twelve to sixteen hour plowing cycle. A streets are plowed, we will also be plowing improved alleys and municipal parking lots While we plow concrete sidewalks, we do not plow asphalt bikeways. Beginning November 1 and ending April 1, Dr. urns explained, all vehicles must be off City streets between the hours of 2:00 a.m. and :00 a.m. Also, all vehicles must be off City streets whenever snow plowing is necessary. For a major snow storm (over 9" of snow) a snow emergency plan will be enacted. This means that crews will work in twelve hour shifts. An initial pass will be made on each street before clearing from curb to curb. Dr. Burns also pointed out that University Avenue, Highway 65 and 1-694 are the responsibility of the State. Anoka County has responsibility for East River Road, the 44th Street bridge, Main Street north to 57th Avenue, 57th east to University Avenue, 49th FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 2 OF 17 OLD BUSINESS: 1. Resolution No. 2004-59 to Vacate an Existing Drainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, explained this item was tabled at the September 13 Council meeting and the consent item brings it from the table. The easement is not used nor expected to be used. Staff is recommending that the easement be vacated and the land located beneath a portion of the Klein's swimming pool be swapped for land that the Klein's own. ADOPTED RESOLUTION NO. 2004-59. 2. Resolution No. 2004-60 Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, stated this item was also tabled on September 13 and this consent item brings it from the table. Staff is proposing this replat as a part of the agreement between the City and Brendan and Cheryl Klein of 1419 West Danube Drive. By this agreement, the City is trading a small portion of Farr Lake Park for a similarly sized portion of the Klein's property. These properties have been incorporated into the plat and the plat was approved by the Planning Commission on September 17, 2003. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-60. NEW BUSINESS: 3. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The exchange, easement vacation and replat complete actions necessary to correct the encroachment by the Klein's swimming pool on City park land. WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 4. Receii a the minutes from the Planning Commission Meeting of October 7, 2004. \ RECEIVED. ORDINANCE NO. 1198 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA,BY APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN. WHEREAS, the City of Fridley, Minnesota, owns certain property on which property fixtures and improvements by an adjoining landowner have encroached; and WHEREAS, it would be to the benefit and advantage of the City of Fridley, Minnesota, that certain land on which a pathway easement is located in the City to benefit the public would be converted to fee ownership in the City; and WHEREAS,the Fridley City Charter Chapter 12.06., SALES OF REAL PROPERTY, requires that no real property of the City shall be sold or disposed of except by ordinance and that the proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose; but if there is no such outstanding indebtedness, then the Council may by a resolution adopted by an affirmative vote of at least four(4) members of the Council designate some other public use for such proceeds; and WHEREAS, Brendan M. and Cheryl A. Klein("the Klein's") are the fee owners of Lot 13, Block 1 Innsbruck North 2nd Addition, Anoka County, Minnesota; and WHEREAS, The City is the fee owner of Farr Lake Park with no outstanding indebtedness; and WHEREAS, the Kleins have inadvertently encroached upon the City's Farr Lake Park property by constructing improvements thereon; and WHEREAS, the City has, from the Kleins, obtained easements for use for pathway purposes but would prefer to own its interest in the property in fee; and WHEREAS,the two parcels of land are of approximately the same size; and it is of mutual benefit to the City and the Klein's to exchange portions of these lots to eliminate the encroachment; and WHEREAS, The City finds that the proposed land exchange is in the best interest of the City and its citizens. WHEREAS, the description of the property that the the City would convey to the Klein's is described as that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract"A" on the attached sheet. 1 • Ordinance No. 1198 Page 2 WHEREAS, the description of the property that the City would accept from the Klein's is that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract"B" on the attached sheet. IT IS, THEREFORE, HEREBY ORDAINED BY THE CITY OF FRIDLEY,that in accordance with City Charter, this land shall be disposed of in a land exchange, rather than a sale. IT IS FURTHER ORDAINED that the City convey to the Klein's that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract"A" on the attached sheet, and That the City accept from the Klein's that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract`B" on the attached sheet. IT IS FURTHER ORDAINED that the Mayor and City Manager are authorized to execute on behalf of the City any and all such documents and instruments as may be necessary to effect the foregoing on behalf of the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF NOVEMBER, 2004. Scott J. Lund, Mayor "11/4414ij Debra A. Skogen, C4 Clerk Public Hearing: October 25,2004 First Reading: October 25,2004 Second Reading: Novcmber 8,2004 Publication: November 11,2004 ANOKA COUNTY MINNESOTA Document No.: 1971415.020 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 12/14/2004 3:13:00 PM Fees'Taxes In the mount of: $19.50 MAUREEN DEVINE Anoka County Property Tax Administrator/Recorder,'Registrar of Titles JMH, Deputy Record ID: 1503619 1971415 . 021 Record ID 1503645 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Final Plat, PS #03-05 Owner:Brendan M. Klein and Cheryl A. Klein The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 2004, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow the exchange of property in order to correct an encroachment on City-Owned Land, legally described as Lot 13, Block 1, Innsbruck North 2nd Addition (subject to easement as shown on plat), subject to accepted easement for walkway to City of Fridley (7-17-74), generally located at 1419 West Danube Road. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council Meeting Minutes of October 25th, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) l -c L I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the _day of 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. ul-� Fridley, MN 55432 Debra A. Skogen, City Clerk (SEAL) 16 FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 2 OF 17 OLD BUSINESS: 1. Resolution No. 2004-59 to Vacate an Existing Drainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, explained this item was tabled at the September 13 Council meeting and the consent item brings it from the table. The easement is not used nor expected to be used. Staff is recommending that the easement be vacated and the land located beneath a portion of the Klein's swimming pool be swapped for land that the Klein's own. ADOPTED RESOLUTION NO. 2004-59. 2. Resolution No. 2004-60 Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, stated this item was also tabled on September 13 and this consent item brings it from the table. Staff is proposing this replat as a part of the agreement between the City and Brendan and Cheryl Klein of 1419 West Danube Drive. By this agreement, the City is trading a small portion of Farr Lake Park for a similarly sized portion of the Klein's property. These properties have been incorporated into the plat and the plat was approved by the Planning Commission on September 17, 2003. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-60. NEW BUSINESS: 3. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The exchange, easement vacation and replat complete actions necessary to correct the encroachment by the Klein's swimming pool on City park land. WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 4. Recei�/e the minutes from the Planning Commission Meeting of October 7, 2004:' RECEIVE[). i CITY OF FRIDLEY CITY COUNCIL MEETING OCTOBER 25, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, 9ty Attorney Scott Hicko Community Development Director Jon Hauka s, Public Works Director Richard P ibyl, Finance Director Rebecc Brazys, Recording Secretary PROCLAMATION: Mayor Lund presented a proclamation declaring November, 2004, as Values First Month. Councilmember Barnette, co-chairman of Values First, accepted the proclamation. PRESENTATION: Fridle City Band Mary Jane Olson, 119 ickard Road, stated she is a member of the Fridley City Band and would like to reacquaint Council and the viewing public with the Fridley City Band which has been playing for various community organizations for over 40 years. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 27, 2004 City ouncil Meeting of October 4, 2004 AP ROVED. a RESOLUTION NO. 2004 - 60 A RESOLUTION APPROVING A SUBDIVISION, PLAT, PS #03-05, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD WHEREAS, the Planning Commission held a public hearing on the Preliminary Plat, PS 903-05, qn September 17th , 2003, and recommended approval; and WHEREAS, the City Council at the September 29, 2003, meeting approved the Preliminary Plat request; and WHEREAS, such approval was to create the legal descriptions necessary to facilitate a land exchange to correct encroachments into Farr Lake Park and the property located at 1419 West Danube Road; and WHEREAS, the City has received the required signed Plat Mylar's from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Plat at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25th DAY OF OCTOBER 2004. e . SCOfr f.tUND MAYOR ATTEST: (DICAL DEB A. SKOGEN - TY CLERK ANOKA COUNTY MINNESOTA Document No.: 1971415.021 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 12,14./2004 3:13:00 PM Fees/Taxes In the Amount of. $19.50 MAUREEN DEVINE Anoka County Property Tax Administrator/Recorders Registrar of Titles JMH, Deputy Record ID: 1503645