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HomeMy WebLinkAbout1651DORSEY, MARQUART, WINDHORST, WEST a HALLADAY DONALD WEST THOMAS S. ERICKSON JAMES T HALVERSON ROBERT A. HEIBERG WALDO F. MAROUART WILLIAM C. BABCOCK 2400 FIRST NATIONAL BANK BUILDING CHARLES J. HAUENSTEIN EMERY W. BARTLE JOHN W.WINDHORST MICHAEL E. BRESS CHARLES A. GEER MICHAEL J. RADMER HENRY HALLADAY PAUL G- ZERBY MINNEAPOLIS, MINNESOTA 55402 JOHN C- ZWAKMAN CURTIS L. STINE JULE M. HANNAFORD RAYMOND A- RESTER JOHN R. WICKS MICHAEL.TRUCANO ARTHUR 8-WHITNEY JOHN J. TAYLOR EUGENE L.JOHNSON WILLIAM J. KEPPEL RUSSELL W. LINDQUIST BERNARD G. HEINZEN (612) 333 - 2151 JOHN W- WINDHORST, JR JAMES A. FLADER DAVID R. BRINK WILLIAM J. HEMPEL MICHAEL PRICHARD WILLIAM A.JOHNSTONE HORACE HITCH JOHN S. HIBBS CABLE: DOROW WILLIAM R_SOTH WILLIAM E. BOWEN VIRGIL H- HILL ROBERT O. FLOTTEN THOMAS R- MANTHEY WILLIAM P LUTHER ROBERT V. TARBOX JOHN D. LEVINE RICHARD G. SWANSON DOUGLAS D- MCFARLAND DEFOREST SPENCER ROBERT J. STRUYK DAVID A.RANHEIM DAVID L.BOEHNEN ROBERT J.JOHNSON MICHAEL A. OLSON 1468 W —FIRST NATIONAL BANK BUILDING ROBERT J. SILVERMAN ROBERT M. HALVORSON M_B.HASS ELOUIST LARRY W. JOHNSON ST. PAUL,MINNESOTA 55101 JAMES M.KLEBBA CRAIG L.WILLIAMS PETER DORSEY THOMAS S. HAY (612) 227— 8017 WILLIAM R. HIBBS VINCENT S.WALKOWIAK GEORGE P. FLANNERY G.LARRY GRIFFITH JOHN D.KIRBY CURTIS LROY CRAIG A. BECK PHILIP F. BOELTER ARTHUR E_WEISBERG DAVID L. McCUSKEY WILLIAM B. PAYNE AUSTIN G_ANDERSON DUANE E.JOSEPH THOMAS D. MOE JONATHAN VILLAGE CENTER BRUCE W- BURTON ADM - PARTNER FREDERICK E.LANGE JAMES H. CIHAGAN CHASKA, MINNESOTA 55318 JAN D.STUURMANS JAMES B. VESSEY MICHAEL W. WRIGHT (612) 448 -4012 R- A.SCHWARTZBAUER WILLIAM A. WHITLOCK LARRY L VICKREY DAVID N. FRONEK OF COUNSEL E.J.SCHWARTZBAUER LOREN R. KNOTT THOMAS W. TINKHAM DAVID E. BRONSON THOMAS M_ BROWN PHILLIP H. MARTIN JON F. TUTTLE LEAVITT R- BARKER CORNELIUS D. MAHONEY REESE C. JOHNSON EARL LDEVINE GEORGE E. ANDERSON September 15, 1972 Mr. Greg Luce Village of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Greg: I enclose herewith a copy of the Order filed in the Hennepin County District Court as File No. 685454 and also filed in the office of the Register of Deeds of Hennepin County as Document No. 3958384,whereby the plat of Creek View Heights was vacated. The Village's easements for sanitary sewer and public road were, however, preserved. I send this to you so you may make note in the Village records of the vacation of this plat.. If you have any questions, please call. Very truly yours, Thotas Erickson TSE /c Enclosure CC: Mrs. F. Hallberg 3958384 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT . File No. 6P,5454 ----------------------------- - - - - -- - In the Matter of the Petition 0-- INDEPENDENT SCHOOL DISTRICT NO. 273 O R D E R To Vacate Plat h The Petition dated April 25, 1972, on file herein of Independent School District No. 273 to vacate the *p3KCt . r - known as CREEK VIEW HEIGHTS and for other relief came duly on before this Court on the 12th day of July, 1972, zl�-a Special Term thereof. Best, Flanagan, Lewis, Simone aid c` Bellows by N. Walter Graff appeared as attorneys for' "id ' petitioner. There were no other appearances, and having read said Petition, having considered the evidence, files and records herein and being fully advised in 'the premises, it appeared to the Court that: m ry 1. Petitioner is a governmentaltxdiv ' io of, the State of Minnesota situate in Hennepin Coun es 2. There is of record with the Oar.,' s eed for Hennepin County, Minnesota, a plat tii CRLFEK � •. HEIGHTS filed for record July 24, 1969, an4 receded in Book 69 of Hennepin County Records, page 3786080 and Book 182 of F Plats, page 10. ; SEp 1 w 1972• 3. Petitioner is the sole owner of all land included within said CREEK VIEW HEIGHTS. 4. All taxes assessed against the land included within said CREEK VIEW HEIGHTS have been paid. Special assess- ments are presently outstanding against certain parcels. 5. The subject property is located entirely within the Village of Edina and said Village is organized under Chapter 412, Minnesota Statutes 1969, and not under a charter or "special law which provides a method of procedure for the vacation of streets and public grounds by the municipal authorities of such Village. 6. A sanitary sewer easement across a portion of the plat has been taken by the Village of Edina in District .f Court Condemnation No. 532158, as described in Parcel Four of the Final Certificate therein dated June 19, 1972 and filed for record with the Register of Deeds for Hennepin County on July 6, 1972 and recorded in Book 72 of Hennepin County Records, page 3956313, as follows: All that portion of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4), Section Five (5), Township One Hundred Sixteen (116), Range Twenty -one (21), that lies within the following described tract of land: A strip of land sixty (60) feet in width, the centerline of which is described as follows: Commencing at a point on the centerline of Valley View Road, said point being ninety (90) feet south of and at right angles to the north line of the South Half (S 1/2) of said Section Five (5), thence West parallel to and ninety (90) feet South of said North line of the South Half (S 1/2) a distance of One Hundred Seventy - four and two - hundredths (174.02) feet; thence Southwesterly at a deflection angle of twenty- three degrees (230) left, a distance of one hundred sixty -five (165) feet; thence South- westerly (SWly) at a deflection angle of ten degrees (100) left, a distance of two hundred forty (240) feet; thence Southwesterly (Sally) at a deflection angle of twenty -three degrees (230) left, a distance of two hundred sixty WZ (260) feet; thence Westerly at a deflection angle of fifty -six degrees twenty minutes thirty seconds (563 20' 30 ") right, a distance of Five Hundred Nine and sixty -five hundredths (509.65) feet; thence Northwesterly at a deflection angle of fifty degrees thirty minutes (500 30') right, a distance of two hundred thirty -eight and four - tenths (238.4) feet; thence Northwesterly at a deflection angle of five degrees fourteen minutes (50 141) left, a distance of two hundred fifteen and twenty -five hundredths (215.25) feet; thence Northwesterly at a deflection angle of twenty- six degrees thirty minutes (260 30') right, a distance of four hundred eleven and eighty -five hundredths (411.85) feet; thence Northwesterly at a deflection angle of thirty -two degrees ten minutes (32 0 101) left, a distance of four hundred forty -three and eighty - five - hundredths (443.85) feet; thence Northwesterly at a deflection angle of two degrees fifteen minutes (20 15') left, a distance of three hundred forty -two and seventy -five hundredths (342.75) feet; thence Northwesterly at a deflection angle of eighteen degrees thirty minutes (18 0 30') left, a,distance of two hundred fifty- eight and fifteen hundredths (258.15) feet; thence Northwesterly at a deflection angle of thirty -one degrees eighteen minutes thirty seconds 310 18' 30 ") right, a distance of two hundred forty -six and fifty -five hundredths (246.55) feet; thence Westerly at a deflection angle of fifty -five degrees sixteen minutes (550 161) left, a distance of three hundred forty -three and five - tenths (343.5) feet; thence Northwesterly at a deflection angle of eighty - one degrees fifty minutes (810 50') right, a distance of one hundred seventy -six and fifteen hundredths (176.15) feet; thence Northeasterly at a deflection angle of nineteen degrees thirty -six minutes (190 361) right, a. distance of two hundred six and nine- tenths (206.9) feet; thence Northwesterly at a deflection angle of forty degrees forty -seven minutes (400 471) left, a distance of six hundred thirty and seventy - five hundredths (630.75) feet; thence North- westerly at a deflection angle of nine degrees ten minutes (90 101) left, a distance of three hundred thirty -nine and fifty -five hundredths (339.55) feet; thence Northwesterly at a deflection angle of thirty -two degrees fifty minutes thirty seconds (320 50' 30 ") left, a distance of two hundred three and eighty - hundredths (203.80) feet; thence Northwesterly at a deflection angle of thirty -two degrees one minute thirty seconds (320 01' 30 ") right, a distance of two hundred eight and three- tenths (208-.3) feet; thence Northwesterly at a deflection -3- r angle of twenty -four degrees seventeen minutes (2 0 17') right, a distance of two hundred eighty -seven and fifteen - hundredths (287.15) feet; thence Northwesterly at a deflection angle of twenty -nine degrees thirteen minutes thirty seconds (290 13' 30 ") left, a distance of four hundred fifty -six and two - tenths (456.2) feet, more or less, to the intersection of the center - line of Gleason Road and the North line of Section Six (6), Township One Hundred Sixteen (116) North, Range Twenty -one (21) West. 7. An Easement for Public Road Purposes across a portion of the plat was granted by petitioner herein to the Village of Edina by an instrument so denominated dated December 13, 1971 and filed for record with the Register of Deeds for Hennepin County on December 29, 1971, and recorded in Book 71 of Hennepin County Records, page 3924530, as described therein as follows: A parcel of land lying in the Southwest 1/4 of the Northwest 1/4 and of the Northwest 1/4 of the Southwest 1/4 of Section 5, Township 116, • Range 21 described as follows: Commencing at the Southeast corner of the Southwest 1/4 of the Northwest 1/4 of said Section 5; thence Northerly along the East line of said Southwest 1/4 of the Northwest 1/4 a distance of eighty feet (801); thence Westerly at right angles a distance of one hundred feet (1001); thence Southerly at right angles a distance of one hundred feet (1001); thence Easterly at right angles a distance of one hundred feet (1001) to the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 5; thence Northerly along said East line to point of beginning. 8. No land outside of said plat will be affected or damaged by the vacation sought by the said Petition. 9. No dwelling house or other structure or improvement has been constructed upon the land within said plat or any portion thereof, nor have the streets therein shown been actually opened, improved or used except only that Petitioner has commenced construction of the new Edina . -4- J West High School which, with its grounds, when completed will occupy all of the property located within said plat except the area occupied by the Easement for Public Road Purposes referred to in paragraph 7 hereinabove. 10. The vacation of said plat is in the public interest. 11. The Court has jurisdiction of the within proceeding. 12. Notice of petitioner's application and this hearing thereon was published in Finance and Commerce on May 9 and 16, 1972, was posted in each of three public places in the Village of Edina, and was served upon the Mayor of the Village of Edina and upon the President of the Village Council of the Village of Edina as more specifically set forth in the Affidavits of publication, posting and service on file herein and said publication, posting and service was in all respects in accordance with the require- ments of Minnesota Statutes 505.1+. NOW THEREFORE, it is hereby ordered,,adjudged and decreed as follows; That this Court has jurisdiction of the within proceeding. II. That all and all parts of the plat titled CREEK VIEW HEIGHTS dated May 26, 1969, filed for record July 24, 1969 and recorded in Book 69 of Hennepin County Records, page 3786080, and Book 182 of Plats, page 10, be and the same -5- ♦ A hereby is vacated. III. That petitioner, Independent School District No. 273, is the owner in fee simple of all streets, alleys and public grounds within said plat, free from.any interest imposed or created by the donation or dedication certificate in said plat. IV. The sanitary sewer easement in favor of the Village of Edina referred to in paragraph 6 hereinabove and the ease- ment for public road purposes in favor of the Village of Edina referred to in paragraph 7 hereinabove are not affected in any manner by this order. V. That no land outside of said plat is damaged by said vacation. Dated: July 12, 1972. SfATE OF MINNESOTA COUNTY OF HENKAN Certified to be a true and correct cry' of the original oii fFM abd of.record_�n oiflce: BY THE COURT: 1U L° 1.3:172 URA "D R.IP SON, Cterrkk of, District Court Deputy Y {? u ge OT I TRANSFER ENTERED JUL 14 1972 DEPT. OF FINANCE HEN —PIN COUC A %.�Y strict Court C A r l # C 3 8384 JUL 14-72 8 3 , 006 001.11 F 0• ' "ICE OF RE "'STFR OF DEEDS STA, E OF M'NNESOTA (:OIJNTY OF HENNEPIN I hereby c :rtify that the within instrument was filed for record in this office on the -14 day of JULJI A.D. 1972 at 3 4 o'rloc and was duly recorded in booe of Hennepin County Records page REGISTE OF DEEDS PU YT REGISTER OAF D$ ►►� ?cl -77 y { 60 S r' , FC- !M%Ad ( 2-0 fi=r 2s Jt//��c_.