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Home My WebLink About1979-04 03-08 AP CITY OF BROOKLYN CENTER ORDINANCE NO.— AN ORDINANCE, UTHOR)ZINO< THE C–--- CIE OF j REAL' ESTATE AND EXECUT"fPON OF EASEMENT DOCUMENTS FRQM THE CITY OF BROOKLYN CENTER. TO THE MINNESOTA D&AR't i P MENT OF TRANSPORTATIblIC IN THE AREA OF FREEWAY, PARK(:.. BROOKLYN CENTER POST THE CITY COU.NCLI, OF THE �17Y F BROOKLYN CENTER DOES AS FOLLOWS: Section 1: PREAMBLE t i AFFIDAVIT OF PUBLICATION WHEREAS,.on.AUgusi 19,.1974 he Brooklyn Cenfe? City'Council adopted+ Resolution .No. 74.144 approving the! concept of ilizing� designated .park land abutting Intersate 94 for highway construction purposes; and WHEREAS, the said resolution STATE OF MINNESOTA approved the concept of utilizing the SS. designated park land for the purpose COUNTY OF HENNEPIN of constructing aportion of the Shingle Creek Parkway interchange and noise abatement' Mounds along interstate 94 subject to the State replacing the said land with appropriate -find acquired by the Minnesota Highway Depart ment for highway purposes, W. K. Sehnert, being duly sworn, on oath says he is and during all the times herein stated has been the Vice-President of provisions for pedestrian and bicycle The Post Publishing Co., publisher and printer of the newspaper known as facilities Lobe provided*, Shingle Creek across said �1 tersate 44, and the BROOKLYN CENTER POST green strip alod!-'lNhgle Creek to be acquired rb a nnesota Highway_ and has full knowledge of the facts herein stated as follows: Departfne�i a developed by said (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent Htghway a rt(mhl in a manner in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each compatible torfhi0rrvastAl' Plans of the week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which City of Bcpgkyva Cf�ter for said it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter Shingle Creed' ee�i`sf area; and and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at WHEREAS; ibis 40termined that least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation the property 1$ not essential foe publicr currently paid or no more than three months in arrears and has entry as second -class matter in its local post use and it is i��.l pestinterests of the office. (5) Said newspaper purports to serve the citfz s of Bredk tenter to convey CITY OF BROOKLYN CENTER the subied preper* the Minnesofr• Department of Trprisdortation; and, in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open WHEREAS, if i3 determined that during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main the bet forth in Resolution tained by the managing officer of saidnewspaper or persons in its employ and subject to his direction and control during all No:: ;74.144' provide for equitable such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately compensation for said property with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years conveyanep. preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of It 1s, 'ihera`fore, determined to Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of convey 1he- foliew,ing described real State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper estate tpt e.N!innesota Department of is a legal newspaper. Transpo tlon; t6nsistent to Section Charter. 12.05 ction,2:.A, foperty description in He further states on oath That the printed terms of' conveyance That the' City of Brooklyn Center owned property described as: Parcel 49, That part of Tract A described below. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in -Tract A,• The• 2301 feet of :the west 175 feet of the east 1050 feet of the land described' as the Southwest. the English language, once each week, for...... successive weeks; that it was first so published on Quarter of the Nor"W"tQuart of 7 Section 34, TowmAjip Range 21 West, Hennepin County, the ..day of ......................19 ...and was thereafter printed and published on every... Minnesota, lying e0di of the east ling., of Lot 8, Auditor's Subdivislon No. 25, except the rigM},ofwayahTFunk to and including the.......... day of 19 and that the following is a printed copy of the Highway No. 94M now located and e$tablished,ltha.&MY Jherita being re Ister as @vin ced by Cer- lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in tificate of Thief I f,86102; which lies eoptieintV of Line 1 des- Bribed below* the composition and publication of said notice, to wit: me 1. From a point on Line 2 described below, distant 366.93 feet, of its point of beginning, run abcdefghijklmnopgrstuvwxyz —SV� pt. Sans northerly at right angles to said Line 2 for 100 feet to the point of beginning of Line I to be described; thence run westerly to a. point distant 110 feet northerly (measured at right angles) of a point on said Line 2, distant. 351.53 4ggt easterly of its point of beginning and tbere'term- inating; Line 2. eegtnningat a point 'on the ....w t. north and south ,:quarter line of said Section 34, dist x. ant 1138.7 feet north of the tenter thereof; thence .run Subscribed and sworn to before easterly *1 an angle of 86 d rees 00 minutes 26 seconds from said north and south quarter line (measured me this .........day of .....A.D., 19..'._ from south to east) for 402.01 feet; thence deflect to the right on a I degree 00 minute 00 second curve /r.�iG� ,fir'' w�. ..r,J�t c?`.`,�?'�� (delta angle 21 degrees 18 minutes 45 seconds) for 2131.25 feet and there terminating; (NOTARIAL SEAL) containing 0.02 acre, more or less; together with all right of access, being the right of ingress to and egress from Notary Public ........................County, Minnesota that part of Tract A hereinbefore described not acquired herein to Trunk Highway No. 94; My Commission Expires, 19 also a temporary easement for high- way purposes for the following described strip of land, which .right shall cease on December 1, 1983, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway pur- poses: A strip being that part of Tract A hereinbefore described adjoining and northerly of the above described strip, which lies southerly of a line No run parallel with and distant 140 feet 1� northerly of Line 2 described above; Lf containing 0.15 acre, more or less. Affidavit Ol r Publication Parcel 231, 232, 233, and 237: A temporary easement for highway purposes for that part of Tract A OF described below, which right shall, cease on December 1, 1983, or on such earlier date upon which the Com- missioner of Transportation deter mines by formal order that it is no longer needed for highway purposes:. Tract A. The east 875 feet of the north 230.7 feet of the Southwest Quarter of the Northeast Quarter of Section' 34, Township 119 North, Range 21 West, Hennepin County, Minnesota, excepting therefrom the right of way of Trunk Highway No. 94 as now located and established Published in which lies southerly of a line run parallel with and distant 140 feet BROOKLYN CENTER POST northerly of Line 1 described below: Line 1. Beginning at a point on the north and south quarter line of said 8801 Bass Lake Road Section 11 feet north of the MINNEAPOLIS, MINNESOTA 55428 of the cenen ter thereof; f; thence run easterly at an angle of 86 degrees 00 minutes 26 seconds from said north and south quarter line (measured from south to east) for 402.01 feet DATE OF PUBLICATION thence deflect to the right on a 1 degree 00 minute 00 second curve (delta angle 21 degrees 18 minutes 45 seconds) for 2131.25 feet and there terminating; containing 0.82 acre, more or less. may be conveyed to the Minnesota Department of Transportation in ATTORNEY consideration of the conditions set forth in Resolution No. 74 -144. The Mayor and City Manager are hereby authorized to execute an "Of- fer to Sell and Memorandum of Cond- tions" document setting forth the conditions as represented by this or, dinance and a warranty deed for said conveyance after all conditions of sale' have been satisfied for Parcel 229 and to execute temporary easement FILED documents for Parcel 231, 232, 233 and 237 for conveyance of easements after all conditions have been satisfied. Section 3. This ordinance shall• become effective after adoption and thirty (30) days following its legal` publication. Adopted this —day of 19 t BROOKLYN CENTER POST ATTEST: Mayor Clerk Published in the official newspaper e. Effective Date (Boldface indicates new matter), (Published in the Brooklyn Center Post March 8, 1979.)