91-072 - 08-06 Accept Easements Medicine Lake Road Street Widening ProjectResolution No. 91-72
August 6, 1991
Member Stockman introduced the following resolution and moved its adoption:
• RESOLUTION ACCEPTING EASEMENTS FOR
CONSTRUCTION AND MAINTENANCE OF
PUBLIC IMPROVEMENT
(MEDICINE LAKE ROAD STREET WIDENING PROJECT)
WHEREAS, the City of Golden Valley is involved as condemnor in that cer-
tain condemnation action entitled The City of New Hope, et al, vs. Medicine Lake
Associates limited Partnership, et al. Court File No. CD - 2154, and,
WHEREAS, the object of said condemnation action is to obtain certain ease-
ments for the construction and maintenance of a public improvement, namely the
Medicine Lake Road Project, and
WHEREAS, condemnation counsel has reached agreements with and obtained
easements from various parties, and,
WHEREAS, said easements contain obligations on the part of the City and
require acceptance by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley as follows:
1. That the following easements for construction and maintenance of public
improvement relating to the Medicine Lake Road Project have been obtained from
the following parties, copies of which easements are attached as Exhibit A.
That said easements involve certain covenants and agreements on the part of the
City. That acceptance of said easements is necessary for the successful
construction and maintenance of the Medicine Lake Road roadway and adjacent
improvements, including sidewalks.
Tract Property Owner
57 Golden Valley Post 7051 VFW
2. It is hereby found and determined that this Council accepts said ease-
ments from the above listed parties.
ATTEST:
r
Shirley J. Jelrson, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Thompson and upon a vote being taken thereon, the following voted in favor
thereof: Bakken, Johnson, Russell, Stockman and Thompson, and the following
voted against the same: none; whereupon said resolution was declared duly passed
and adopted, signed by the Mayor and his signature attested by the City Clerk.
EXHIBIT "A"
. PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PUBLIC IMPROVEMENT
THIS INDENTURE, executed on the f3 _ day of
1990, to take effect as of MAY 15, 1990 between GOLDEN VALLEY
POST NO. 7051 VETERANS OF FOREIGN WARS OF THE UNITED STATES,
INCORPORATED, a Minnesota corporation (herein "First Party") and
the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation
(herein "City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 5711):
Lot 4, Block 1, TERRA LINDA PLAZA, according to the plat
thereof on file or of record in the Office of the
Registrar of Titles in and for Hennepin County,
Minnesota.
WHEREAS, the City is desirous of obtaining a temporary
construction easement and a permanent street and utility easement
over, under and across said Property,
WITNESSETH; That the First Party in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration
• to it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
including the full and free right and authority to enter upon the
easement tract hereinbelow described and to maintain a street and
public utilities to be constructed therein. The permanent
easement herein described shall continue forever as a permanent
easement over, under and across said tract and the City shall
have the right to make such use as is reasonably necessary and
advisable in the construction, maintenance and operation of a
street and public utilities over, under and across the tract
of land hereinbelow described.
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
•
a permanent easement for street and utility purposes
over that part of Tract 57 described above lying
northeasterly of a line running from a point on the
east line of said Tract 57 distant 15.00 feet south of
the northeast corner thereof to a point on the north
line of said Tract 57 distant 15.00 feet west of said
northeast corner.
1
JUN I
WITNESSETH; Further that the First Party in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the City, the receipt whereof
is hereby acknowledged, does hereby grant, bargain and convey
unto the said City, its successors and assigns, a temporary
construction easement; including full and free right and
authority to enter upon the property hereinafter described, for
the purpose of construction of a street and public utilities
(herein "Improvement"), it being the intention of the parties
hereto that the aforesaid temporary construction easement shall
terminate at midnight on November 15, 1991.
By acceptance of this temporary construction easement, the
City hereby covenants and agrees to restore the surface of the
ground and all structures to the same condition as existed
thereon prior to the construction of said Improvement. The
temporary construction easement described above is located over a
tract of land situated in the County of Hennepin and State of
Minnesota, described as follows, to -wit:
a temporary construction easement over, under and
across the north 12.00 feet of the east 75.00 feet of
Tract 57 described above. Except that part thereof
lying within the permanent street and utility easement
described above.
• a temporary construction easement over,
across the north 7.00 feet of that part ofdTract er d57
described above lying west of the east 75.00 feet
thereof.
a temporary construction easement over, under and
across the east 8.00 feet of that part of Tract 57
described above lying south of the north 12.00 feet
thereof. Except that part thereof lying within the
permanent street and utility easement described above.
GOLDEN VALLEY POST NO. 7051
VETERANS OF FOREIGN WARS OF
THE UNITED STATES, INCORPORATED
By:
Its
By:
Its
• t
•
•
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing was acknowledge b fore me this -L1, day of
Eq'l
1990, by _) -A �c�--�� and
the and
respectively, of Golden Valley Post No.
7051 Ve rans of Foreign Wars of the United States, Incorporated,
a Minnesota corporation, on behalf of said corporation.
. ,f,
A�
1E-�
LAVONNE E KESKE
NOTARY PUBLIC—MINNESOTA
HENNEPIN COUNTY
My Commission Expires Feb. 16, I993
M �
This Document was Drafted by:
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
(612) 533-2241
I, the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
D a t e d 67, 1781
v
M
"i
i
City Cle
•
U
•
CONSENT BY MORTGAGEE
The undersigned, hold of that certain Mortgage, filed April 10,
1989 in the Office of the Registrar of Titles, Hennepin County,
Minnesota as Document No. 2005084, hereby consents and
subordinates its mortgagee's interest to the grant of the
easements herein described.
NORWEST BANK MINNESOTA, N.A., A
NATIONAL ASSOCIATION
By
By
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
;he foregoin strument was acknowledged b fore is
-dayf — , 1990, by
and r ely, of Norwest Bank
Minnesota, N.A., a Nationa sociation, n beh f f aid
national association.
�` PAMELA K. IVcGLINCH�
NOTARY PUBLIC—MINNESOTA Signature of Pers n Takin
4 RAMSEY COUNTY g
KvW MY Commission Expires June 22, 2991 Acknowledgment
a
(Notarial Seal or Stamp)
• PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PUBLIC IMPROVEMENT
THIS INDENTURE, executed on the 0> day of 13A�
11
1990, to take effect as of MAY 15, 1990 between GOLDEN VALLEY
POST NO. 7051 VETERANS OF FOREIGN WARS OF THE UNITED STATES,
INCORPORATED, a Minnesota corporation (herein "First Party") and
the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation
(herein "City").
WHEREAS, First Party is the fee owner of the following
described property (herein "Property" or "Tract 5711):
Lot 4, Block 1, TERRA LINDA PLAZA, according to the plat
thereof on file or of record in the office of the
Registrar of Titles in and for Hennepin County,
Minnesota.
WHEREAS, the City is desirous of obtaining a temporary
construction easement and a permanent street and utility easement
over, under and across said Property,
WITNESSETH; That the First Party in consideration of the sum
• of One Dollar ($1.00) and other good and valuable consideration
to it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
including the full and free right and authority to enter upon the
easement tract hereinbelow described and to maintain a street and
public utilities to be constructed therein. The permanent
easement herein described shall continue forever as a permanent
easement over, under and across said tract and the City shall
have the right to make such use as is reasonably necessary and
advisable in the construction, maintenance and operation of a
street and public utilities over, under and across the tract
of land hereinbelow described.
•
The permanent easement herein granted is situated over,
under and across a tract of land in the County of Hennepin, State
of Minnesota, described as follows, to -wit:
a permanent easement for street and utility purposes
over that part of Tract 57 described above lying
northeasterly of a line running from a point on the
east line of said Tract 57 distant 15.00 feet south of
the northeast corner thereof to a point on the north
line of said Tract 57 distant 15.00 feet west of said
northeast corner.
ON
WITNESSETH; Further that the First Party in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the City, the receipt whereof
is hereby acknowledged, does hereby grant, bargain and convey
unto the said City, its successors and assigns, a temporary
construction easement; including full and free right and
authority to enter upon the property hereinafter described, for
the purpose of construction of a street and public utilities
(herein "Improvement"), it being the intention of the parties
hereto that the aforesaid temporary construction easement shall
terminate at midnight on November 15, 1991.
By acceptance of this temporary construction easement, the
City hereby covenants and agrees to restore the surface of the
ground and all structures to the same condition as existed
thereon prior to the construction of said Improvement. The
temporary construction easement described above is located over a
tract of land situated in the County of Hennepin and State of
Minnesota, described as follows, to -wit:
a temporary construction easement over, under and
across the north 12.00 feet of the east 75.00 feet of
Tract 57 described above. Except that part thereof
lying within the permanent street and utility easement
• described above.
a temporary construction easement over, under and
across the north 7.00 feet of that part of Tract 57
described above lying west of the east 75.00 feet
thereof.
a temporary construction easement over, under and
across the east 8.00 feet of that part of Tract 57
described above lying south of the north 12.00 feet
thereof. Except that part thereof lying within the
permanent street and utility easement described above.
GOLDEN VALLEY POST NO. 7051
VETERANS OF FOREIGN WARS OF
THE UNITED STATES, INCORPORATED
By:
• Its
2
• STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged efore me this �� day of
1990, by r r n and
Z ik; , the and
respectively, of Golden Valley Post No.
7051 V terans of Foreign Wars of the United States, Incorporated,
a Minnesota corporation, on behalf of said corporation.
• R
'�ti LAVONNE E. KESKE dNo
NOTARY PUBLIC—MINNESOTAHENNEPIN COUNTY tary Public
My Commission Expires Feb. 16, 1993
x
s
This Document was Drafted by:
CORRICK & SONDRALL, a Partnership
of Professional Corporations
3811 West Broadway
Robbinsdale, MN 55422
(612) 533-2241
• I, the undersigned, being the duly qualified and acting
Clerk of the City of Golden Valley, Minnesota, hereby certify
that the Council of said City has duly accepted the foregoing
easement.
Dated:
is
3
City Cie k,
•
0
CONSENT BY MORTGAGEE
The undersigned, hold of that certain Mortgage, filed April 10,
1989 in the Office of the Registrar of Titles, Hennepin County,
Minnesota as Document No. 2005084, hereby consents and
subordinates its mortgagee's interest to the grant of the
easements herein described.
NORWEST BANK MINNESOTA, N.A., A
NATIONAL ASSOCIATION
By
By
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged e r m 's
`L : day_ f , 1990, by_ff
s
and
---4-AA1,! 4 �,.,., , respectively, of Norwest Ba k
Minnesota, N.A., a National As i behlf o,s,id
national association. ���
r
PAMELA K.
McGLINCH
NOTARY PUBLIC—MINNESOTA
RAMSEY COUNTY
MY Commission Expires June 22, 1
M
Y
(Notarial Seal or Stamp)
Signature of P6r6on/T
Acknowledgment