The URL can be used to link to this page

Home My WebLink About2031, Y DORSEY, WINDHORST, HANNAFORD, WHITNEY 8. HALLADAY JOHN W WINUHOR•,T ROBERT J STRUYK HENRY KALLAUAY MICHAEL A OLSON JULE HANNAF ORD LARRY W JOHNSON ARTHUR R WHITNEY THOMAS S HAY RUSSELL W LINDQUIST G LARRY GRIFFITH DAVID R BRINK CRAIG A BECK HORACE -E HITCH DAVID L MCCUSKEY VIRGIL H HILL THOMAS 0 MOE ROBERT V TARBOX JAMES H OHAGAN Roe FIT JOHNSON JOHN M MASON - MAYNARD B HASSELOUIST MICHAEL W WRIGHT PETER DOR'.L.Y LARRY L VICKREY GEORGE PFLANNERY LOREN R KNOTT CURTIS L. ROY PHILLIP H. MARTIN ARTHUR E WEISBERG RE ESE C JOHNSON DUANE E. JOSEPH CHARLES J. HAUENSTEIN JAMES B VE55EY CHARLES A. GEER WILLIAM A WH ITLOCK JOHN C ZWAKMAN EDWARD J. SCHWARTZSAUER JOHN R WICKS THOMAS M BROWN EUGENE L. JOHNSON CORNELI US O MAHONEY.JR. JOHN W WINDHORST, JR. WILLIAM C BABCOCK MICHAEL PRICHARD THOMAS S ERICKSON WILLIAM R SOTH MICHAEL E. BRESS RICHARD G SWANSON RAYMOND A. REISTER FAITH L OHMAN JOHN J. TAYLOR DAVID A. PANHEIM BERNARD G. HEINZEN ROBERT J. SILVERMAN WILLIAM J. HEMPEL THOMAS R. MANTHEY JOHN S. HIBBS WILLIAM R. HIBBS ROBERT O. FLOTTEN PHILIP F.B BOELTER JOHN D. LEVINE WILLIAM PAYNE 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (612) 340 -2600 CABLE: DOROW TELEX: 29 -0605 TELECOPIER:(612) 340 -2868 1468 W-FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 56101 (612) 227 -8017 115 THIRD STREET SOUTHWEST ROCHESTER, MINNESOTA 55901 (507) 288 -3156 February 21, 1977 Kv. Florenc • D. Eallberg Ldina City Clerk 4 801 test 50th Street L Liina, MianGsota 55424 Dear Florence: ROBERT A HEIBERG ROBERT L NOBBINS JOHN D KIRSY BARRY D. GLAZER ROBERT A SCHWARTZBAUER PETER S HENORIXSON DAVID N. FRONEK NICK R. HAY' THOMAS W TINI(HAM IRVING WEISER JON F TUTTLE STEPHEN E GOTTSCHALK EMERY W BARTLE THOMAS W ELKINS WILLIAM A. JOHNSTONE KENNETH L CUTLER STEVEN K CHAMPLIN DAVID M. QUINLAN MICHAEL J RAOMER JAMES R. PIELEMEIER MICHAEL TRUCANO GARY M JOHNSON JOHN P VITKO THOMAS W FINN DON 0 CARLSON JAY L SENNETT PAUL J SCHEERER ROBERT G BAYER DAN F. NICOL, SUZANNE B. VANDYK KENNETH A IVERSON STUART R. HEMPHILL JAMES A FLADER J. DAVID JACKSON DAVID L BOEMNEN W CHARLES LANTZ WILLIAM E. MARTIN DOUGLAS E. RAY FRANK M. VOIGT STEVEN F WOLGAMOT WILLIAM M. HIPPEE, JR J MARQUIS EASTWOOD ROBERT A. BURNS EDWARD J PLUIMER MICHEL A LAFOND KENNETH W ERICKSON ROGER J. MAGNUSON OWEN C. MARX J. ROBERT HIBBS JAMES E. BOWLUS JAY F. COOK STANLEY M. REIN OF COUNSEL CHARLES L. POTUZNIK DONALD WEST VERLANE L ENDORF WALDOF MAROUART DENNIS P BURATTI GEORGE E ANDERSON GEORGEANN BECKER ROBERT L VANFOSSEN he: Vacation of Storm Sewer Easements Lots 9 and 10, Block 1, Cherokee Hills I aia returning a notice of completion of vacation of the storm sewer easement over parts of Lots 9 and 10, Llock 1, Cherck r, I:ills. Th re are pencilled changes shown on the These pencilled changes accurately reflect -the kind of easement that exists over those lots and the description of that easement. The vacation proceedings should be correc- ted accordingly. Hopefully, the error does not exist in any publications or in the Council actions, ,so that the changes can easily be made. I am also sending a copy of the plat showing the location of the subject drainage easement. Vary was not the balance of the easerent vacated in Lot 10 and in Lot 8? I pre - sume Bob Dunn will have the answer to that. If I can be of anv help in making the necessary cor- rections to the vacation proceedings, please let me know. Very truly yours, TSE /abc Thomas S. Erickson Enclosures cc: Mr. Robert C. Dunn Q e y- e e-_ C{ 0-1 /�j,; �7 -7c-A r? fl GG GG,� G s ✓C X11- a ff ' NOTICE IS HEREBY GIVEN that the City Council of Edina,, Hennepin County, Minnesota, on December 20, 1976, adopted a Resolution Vacating Easement, of }e_ public fee _arin4 aI7d io`ice thE:l"cof as rer!lllred by law and after deter - mining it to be in the bast inte:resr of the City and of the public that said easement vacation be made, which resolution ordered the vacation of the fol- lowing described easement fazy(storm sewer)purposes, all as platted and of record in the office of th Register of Deeds in and for Hennepin County, Minnesota: n.at part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills lying Southerly of a line drawn from the Southeast corner of said lot 10 to a point in the Westerly-line of said Lot 10, distant 25 feet i;ortherly of the Southwest corner thereof lying within a 20 ioot wide strip of land, the centerline. of which is described as follows: Beginning at a point on the West line of said Lot 10, which point is 33 feet ,forth of the Southwest corner of said Lot 10; thence Southeasterly to a point on the South line of said Lot 10, which point is 70 -feet(West)of theCSoutheast; corner of said Lot 10; thence Southeasterly to a point ',on the EastAine of Lot 8, Blo 1, Cherokee hills, x2hich point is '37 feet Souta, of the North- east corner of said Lot 8. (_ The time of completion of proceedings and the effective date of said vaca- tion is this date, December 20, 1.976. Dated this 24th day of December, 1976. BY ORDER OF THE CITY COUNCIL, City of Edina Florence B. Hal lbe '.icv,C1.I.rl; I �O W\ j C i tY f 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 37424 927 -8861 NOTICE OF CO:IPLETION OF PROCEEDINGS ON VACATION OF EASE,!EN'T FOR STORM SEWER PURPOSES IN THE CITY OF EDINA HENNEPIN COU'N'TY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Edina,, Hennepin County, Minnesota, on December 20, 1976, adopted a Resolution Vacating Easement, of }e_ public fee _arin4 aI7d io`ice thE:l"cof as rer!lllred by law and after deter - mining it to be in the bast inte:resr of the City and of the public that said easement vacation be made, which resolution ordered the vacation of the fol- lowing described easement fazy(storm sewer)purposes, all as platted and of record in the office of th Register of Deeds in and for Hennepin County, Minnesota: n.at part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills lying Southerly of a line drawn from the Southeast corner of said lot 10 to a point in the Westerly-line of said Lot 10, distant 25 feet i;ortherly of the Southwest corner thereof lying within a 20 ioot wide strip of land, the centerline. of which is described as follows: Beginning at a point on the West line of said Lot 10, which point is 33 feet ,forth of the Southwest corner of said Lot 10; thence Southeasterly to a point on the South line of said Lot 10, which point is 70 -feet(West)of theCSoutheast; corner of said Lot 10; thence Southeasterly to a point ',on the EastAine of Lot 8, Blo 1, Cherokee hills, x2hich point is '37 feet Souta, of the North- east corner of said Lot 8. (_ The time of completion of proceedings and the effective date of said vaca- tion is this date, December 20, 1.976. Dated this 24th day of December, 1976. BY ORDER OF THE CITY COUNCIL, City of Edina Florence B. Hal lbe '.icv,C1.I.rl; I �O W\ j EASEMENT FOR STORM SEWER THIS INSTRUMENT, Made this25th day of October , 19 76, by and between Bert L. Will.more and Kathryn A. Willmore, husband and wife , of the County of Hennepin and State of Minnesota, parties of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, that the said parties of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain., Sell, Convey, and Warrant to said party of the second part an Easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstruct- ing a storm sewer system in, under, and over the following describ- ed property situate in the County of Hennepin and State of Minnesota, to -wit, rThat part of Lot 9 and that part of Lot 10, Block 1, ., Cherokee Hills lying Southerly of a line drawn from tT11 the Southeast corner of said Lot 10 to a point in c9 the Westerly line of said Lot 10, distant 25 feet Northerly of the Southwest corner thereof., lying within a 20 foot wide strip of land, the centerline of which U is described as follows; Beginning at a.point on the West -line of said Lot 10, h which point is 36.7 feet North of 'the Southwest corner w of said Lot 10; thence Southeasterly to a point on the South line of said Lot 10, which point is 55 feet West { of the Southeast corner of said Lot 10; thence South- easterly to a point on the South line of.said Lot 9, which point is 12 feet West of the Southeast corner of said Lot 9. It is the intention and agreement of thy: Parties hereto, that the party of the second part shall in t:he construction, or maintenance of said storm sewer replace any shrubs or sod removed by any excavation in connection with such construction or' mainteh- ance work, in as nearly as possible the same condition.as before, such excavation. i I j IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. In Presence of: STATE OF MINNESOTA ) ss • COUNTY OF HENNEPIN ) On this day of 61 A.D. 19 �� be; ore _il.L_._ me, a Notary Public within and for said County, personally appeard '-�X Q''+(7y 1�j SL K� 7 ?oV and ��. S1J . l��C%P 71'�LI' ►�1.� a STATE OF MINNESOTA ) ss • COUNTY OF HENNEPIN ) On this day of 61 A.D. 19 �� be; ore _il.L_._ me, a Notary Public within and for said County, personally appeard '-�X Q''+(7y 1�j SL K� 7 ?oV and ��. S1J . l��C%P 71'�LI' ►�1.� �-' 1(,�2 LQT�fij% and �1'N _.. to me known to be the persons described in and - who executed the foregoing instrument, and acknowledged that they executed the same as their free act • and deed .X"A" "yr"U"«.u&UAAaAAAAAAA A LINDA L HANSEN fij NOTARY PUBLIC • MINNESOTA •HENNEPIN C0UNTV X My COMMissforl Expires Oct, 3, 1980 (Notarial Seal) IJ U..L 11't L,i .�illAli i:i7 mat Vc.-�:� • •t 1 PEGIS *FRED V0L_ /-/—y7 ...... PAGE_ -3 CSC-• �J /I OFF-;CE CF REGISTRAR OF TITLU STA;E OF MINNESOTA E,Ci':TY CF PP.NNEPIN certif y hat th e w;: i n ir,,str.r'l; Y , ' was tiled in this otiic:- on the 2 3 d-----y of NOY ti.D 1976 at 3 0 o'c :ock P NA REGtSTRZA OE T ITIE.S By. •� LjEPUTY REGISTRAR OF TITCt% .�i 0 f I btarte of Aitttteota Division of Public Records COUNTY OF HENNEPIN SS. Registrar of Titles I, Wayne A. Johnson, Registrar of Titles, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of Easement with the original thereof as filed in my office, as Document No. 1199507 and that the same is a true and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said original is required by law to be kept. In witness Whereof I have hereunto set my hand and official seal this 20th day of January A.D. 19 77 Wayne A. Johnson Registrar of Titles, County of Hennepin, State of M' esota By Deputy Registrar of Titles 1199507 CERTIFIED COPY OF Easement DIVISION OF PUBLIC RECORDS Wayne A. Johnson Registrar of Titles Hennepin County, Minnesota HC 1020 , 12/20/76 25 Lot 10, which point is 70 feet West of the Southeast corner of said Lot 10; thence Southeasterly to a point on the East line of Lot 8, Block 1, Cherokee Hills, which point is 37 feet South of the Northeast corner of Lot 8. and that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordiance with Minnesota Statutes, Section 412.851. Motion for adoption of the foregoing resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. 50Tu AND F ANCE Cv u ERCIAL SANITATION DISTRICT RESOLUTION EXPANDED. City Attorney Erickson advised that the 50th and France Commercial Sanitation District had again been placed on the agenda in order to expand and detail the resolution adopted December 6, 1976. He presented a new resolution which more closely followed the ordinance than the previous resolution and explained that the proposed resolution was to eliminate a specific fee because this will be an on -going resolution and any fees that presently exist are for the present contract which has been let, based on bids. No comments being heard, Councilman Courtney offered the following resolution and moved its adoption: Q RESOLUTION ESTABLISHING A COMMERCIAL SANITATION DISTRICT IN THE 50TH & FRANCE COMMERCIAL AREA PURSUANT TO ORDINANCE NO. 711 WHEREAS, the Edina City Planner has reviewed and reported to the City Council as to the generation and storage of commercial refuse in the 50th & France Com- mercial Area, and the cost and method of removal therefrom, all pursuant to Ordinance No. 711; and WHEREAS, a public hearing was duly called and held on December 6, 1976, by the City Council pursuant to Ordinance No. 711 for the purpose of establishing a commercial sanitation district (the "District ") in the 50th & France Commercial Area; and WHEREAS, the City Council caused notice of that hearing to be duly published and mailed to owners, tenants, and occupants of premises within the proposed District; and WHEREAS, it has been demonstrated that there is a need for, and that it would be desirable to establish, such a District in the 50th & France Commercial Area; and WHEREAS, the City Council at the public hearing of December 6, 1976, did duly adopt, pursuant to Ordinance No. 711, a resolution establishing a commercial sanitation district in the 50th & France Commercial Area, but did not then fully specify certain matters relating to the operations of, and procedure to be fol- lowed in, the District; and WHEREAS, the public hearing was continued to December 20, 1976, so that the City Council, by this further resolution, could amend and expand upon and make more specific its said resolution of December 6, 1976. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA, that they hereby find, determine and declare: 1. That a commercial sanitation district, by the resolution of this Council adopted December 6, 1976, was established in the 50th & France Commercial Area, the boundaries of which are as follows: Commencing at the Southwest corner of Lot 3, Block 1, Replat of Lots 1, 2, 3 & 4, Lund Kruse Addition; thence Easterly along the South line of said plat to the Southeast corner thereof; thence Southerly to the Southwest corner of Lot 2, Mock 1, V. 11, Adams Addition; thence Easterly along the South line of said plat to the Southeast corner thereof; thence Northerly to the Southwest corner of Lot 3, Block 1, Allata's 1st Addition; thence Easterly along the South line of said plat and its Easterly extension to a point on the East line of Lot 31, Auditor's Subdivision No. 172, said point being 135 feet North of the South line of said Lot 31, except street; thence Northerly along the East line of said Lot 31, Auditor's Subdivision No. 172, a distance of 15 feet; thence Easterly parallel with and 122.5 feet South of the North line of Lot 20, Auditor's Subdivision No. 172 and its easterly extension to the East line of Section 18, Township 28, Range 24; thence South along the East line of said Section 18 to its inter- section with the centerline of W. 51st Street; thence Westerly and North- westerly along the centerline of W. 51st Street and of the centerline of Halifax Avenue to its intersection with the centerline of the East -West alley in Block 1, Stevens' 1st Addition; thence Westerly along the center - line of said East -West alley to its intersection with the Southerly extension of the West line of the East 20 feet of said Lot 2, Block 1, Stev- ]2/20/76 24 which is the secon part of the Community Development Application. Hennepin County resently estimates that the City of Edina will receive $174,000 and for prelim- inary discussion p rposes, Mr. Luce suggested the following allocation: for the Morningside area, $100,000, 50th and France, $30,000, Park improvements, $20,000 and Housing $24,000 for a total of $174,000. For purposes of comparison, Mr. Luce presented a chart showing the Year I and Year II allocations as follows: Year I Year II 50th and France 529,064 $ 51,000 Senior Citizens Center 5,000 2,355 Neighborhood Parke 80500 23,000 Lake Cornelia 10,000 Housing 20,000 20,000 Morningside Engineering 45,000 Historic Mill 4,845 Diseased 'free Pro rain 5,005 $72,564 5151,205 Total of the three years was given at $397,769. Mr. Luce then advised that the Housing Assistance Plan has not been submitted to the Council since the Metro- politan Council has not yet adopted the housing guidelines which were under dis- cussion last year at this time. Mr. Luce advised Council that the H.R.A: has written a letter suggesting that $125,000 of the funds could be used for the H.R.A. and listed the priorities as they would like them reviewed by the Council. The Edina Environ ental Quality Commission has also requested that the available funds be used to acquire open space approved by the 1975 bond issue. No com- ments were heard from the audience or from the Council, whereupon Mr. Luce recalled that the final hearing would be conducted on January 3, 1977 and asked that December 29, 1976 be set as a deadline for additional requests for funds. He advised Council that the application for funds must be submitted to Hennepin County by January 17, 1977. Councilman Courtney's motion setting December 29, 1977, at 4:30 p.m. as a deadline for citizen requests was seconded by Councilwoman Schmidt. Mayor Nan Valkenburg clarified that additional requests could also be presented on January 3, 1977. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried .Ld its X LOTS 9 AND 109 BLOCK 1, CHEROKEE HILLS STORM SEWER EASEMENT VACATED. nil of Notice were p esented by Clerk, approved as to form and ordered placed on file. Mr. Hyde advised that the easement over part of Lots 9 and 10: Block 1, Cherokee Hills is no longer needed for storm sewer purposes. As recommeuded by Mr. Hyde,_ Councilman Courtney offered the following resolution.And moved its adoption: RESOLUTION WHEREAS, a resolution of the City Council adopted the 15th day of November, 1976, fixed a date for public hearing on a proposed vacation of easement for storm sewer purposes; nd WHEREAS, two wee s' published, posted and mailed notice of said hearing was given and the he ring was held on the 20th day of December, 1976, at which time all persons desi ing to be heard were given an opportunity to be heard thereon; and WHEREAS, the Co ncil deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Co ncil has considered the extent to which the vacation affects existing easeme is within the area of the vacation and the extent to which the vacation affect the authority of any person, corporation, or municipality owning or contr lling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or Dortion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Edina, Hennepin County, Minnesota, that the following described portion of storm sewer easement be and is hereby vacated effective as of this date, January 20, 1976: That part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills lying Southerly f a line drawn from the Southeast coener of said Lot 10, to a point in the Westerly line of said Lot 10,' distant 25 feet Northerly of the Southw st corner thereof lying within a 20 foot wide strip of land, the center Line of which is described as follows: Beginning at a point on the West 1 ne of said Lot 10, which point is 33 feet North of the South - west corner of said Lot 10; thence Southeasterly to a point on the South line of said Lot 10, which point is 33 feet North of the Southwest corner of said Lot 10; thence Southeasterly to a point on the South line of said