The URL can be used to link to this page

Home My WebLink AboutPC78015 - 4/6/78 - 7240 Brooklyn BlvdP1..ANING COMMISSION FILE CK ,,,:KLIST File Purge Date: FILE INFORMATION Project Number: PROPERTY INFORMATION Zoning: C I PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission y/2-71-7,9 tad R12417$ Minutes: City Council 9////79 Document Tyke Number Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council City Vault City Vault Location City Vault City Vault City Vault COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 78015 Please Print Clearly or Type Street Location of Property 7240 Brooklyn Rnul Pv rd Legal Description of Property -See Survey (Lot 20, Aud. Sub. 57) Owner Independence Ten, General Partnersh Address 7420 Unity AVnnut- N th Phone No. 566-6010 Applicant Francis Girdler Address 7420 TTni tv A,enue North Phone No. 566-6010 Type of Request: Rezoning X Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Preliminary Plat Fee $ 26.00 Receipt No. 47741 Hppiicant-sAignature Da t; PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: 7� Approved Denied this day oft; 19 subject to the follow- ing conditions: Y--9_7 -78 Chairman --—————---- -- — -- — — — — -- — — — — -- — — — — — — — -- — — — — — — — — — — CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of 19 with the following amendment: Cl erk P/I Form No. 18 (over please) OPEN SPACE EASEMENT THIS INDENTURE, made this 15th day of November, 1978,* between INDEPENDENCE TEN, a general partnership, party of the first part, and the CITY OF BROOKLYN CENTER, a municipal corpor- ation under the laws of the State of Minnesota, party of the second part, W I T N E S S E T H: That said party of the first part, in consideration of the sum of One Dollar ($1.00) and other good and valuable consider- ation to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, forever, the following perpetual open space easement in, over, across and upon property located in the County of Hennepin and the State of Minnesota: The South 12 feet of the West 3/4ths, of the Southwest Quarter (SW 1/4) of the North- east Quarter (NE 1/4) of Section 28, Township 119 North, Range 21 West of the 5th Principal Meridian, lying Easterly of and adjacent to the center line of State Highway 152. Grantor hereby covenants as follows: 1. No structure shall be constructed, erected or placed upon or above the described property including without limitation, fences, fireplaces, steps, docks, signs, billboards, dwellings, accessory buildings, utilities, hard cover or roads of any nature whatsoever, or any other structure or improvements inconsistent with the maintenance of the described property as an open area, without the express written consent by City Council resolution., of the City of Brooklyn Center. 2. To landscape and maintain the described property, at its'expense, in a fashion consistent with the side yard of the improvement of Grantor constructed upon Lot 1, Block 1, Shingle Creek Manor. 3. Not to convey the described property without the prior express written consent, by City Council resolution of the City of Brooklyn Center which consent shall not be unreasonably with- held. The provisions of this open space easement shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. TO HAVE AND TO HOLD THE SAME, together with all the- hereditaments and appurtenances thereunto belonging or in anywise appertaining, to said party of the second part, its successors or assigns, forever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set its hand the day and year first above written. INDEPENDENCE TEN, A General Partner hip By Francis J. Gi dler A General Partner STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1 day of November, 1978, by FRANCIS J. GIRDLER, a General Partner of INDEPENDENCE TEN, a Minnesota General Partnership, on behalf of said partnership. Notary Public ,,r+•� JUDITH L MORE NOTARY PUBLIC • MINNESOTA RAMSEY COUNTY to Y My Commission Expires Jan. 8, 1985 NCI `I M�FN+� N1 �1 NN1I r� THIS INSTRUMENT WAS DRAFTED BY: Popham, Haik, Schnobrich, et al. 4344 IDS Center Minneapolis, Minnesota 55402 -2- e Planning Commission Information Sheet Application No. 78015 Applicant: Independence Ten Location: 7240 Brooklyn Boulevard Request: Preliminary Plat Approval This application is the result of a condition of approval of Application No. 77026 which rezoned the subject property from-R-l_tQ C-1.1ast.year. The property is triangular in shape with the north boundary being the municipal limits with the City of Brooklyn Park. The southeasterly property line is a meandering boundary which was originally established according to the center line of Shingle Creek before the Creek was realigned. This meandering southeast boundary line is the northwest boundary of the Wingard Addition which consists of several lots, and one of the purposes of the replatting is to clarify the boundary situation at this point since the present Creek is to the northwest of that line. Another consideration during the review of this plat is the establishment of an appropriate easement along the Creek for future uses such as a trailway or bike- way. The City Engineer will be prepared to review the plat in detail and to report the results of meetings with the applicant regarding the clarification of the southeast boundary. Approval would be subject to at least the following: 1. Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An appropriate easement shall be provided adjacent to Shingle Creek for purposes of environmental protection and public recreational access (such as trailways and bikeways), as determined by the City Engineer. 4-6-78 Planning Commission Information Sheet Application No. 78015 Applicant: Independence Ten Location: 7240 Brooklyn Boulevard Request: Preliminary Plat Approval This item was considered at the April 6 meeting and was tabled to permit further research and discussion regarding the clarification of the necessary easements and the status of the southeast property line description. The primary concern is that the southeast property line of this property and the northwest common boundary with the owners of lots in the Wingard Addition consist of the former meandering channel of Shingle Creek which was straightened out several years ago. We have scheduled a meeting with the affected property owners in the Wingard Addition, and we will be prepared to report on that meeting. It is our hope that all parties could agree to participate in a master replatting of this entire area and realize a clarification of this property line. The appli- cant has indicated a willingness to participate in such a replatting and to even dedicate land in those instances where the new property line would cut across his existing parcel. It is legally in order, however, to approve the applicant's plat as submitted without the participation of the adjacent owners and such approval would be subject to the conditions listed in the April 6 agenda: 1. Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An appropriate easement shall be provided adjacent to Shingle Creek for purposes of environmental protection and public recreational access such as trailways and bikeways as determined by the City Engineer. 4-27-78 Planning Commission Information Sheet Application No. 78015 Applicant: Independence Ten Location: 7240 Brooklyn Boulevard Request: Preliminary Plat Approval This application is a result of a condition of approval of Application No. 77026 which rezoned a_triangular piece of property located northerly of Shingle Creek and easterly of Brooklyn Boulevard, from R1 to Cl last year. The northerly boundary of the property is the municipal city limits between the Cities of Brooklyn Center and Brooklyn Park. The southeasterly property line of this property was originally established according�to the center line of'Shingle Creek before the Creek was re- aligned. This meandering boundary line is also the northwest boundary line of Wingard Addition which consists of several lots, and one of the purposes of the replatting is to clarify the boundary situation since the present Creek is to the northwest of that line. The Planning Commission reviewed this application on April 6, 1978 and tabled the matter to allow the staff to meet with affected property owners to resolve the problem with the southeasterly boundary. The Commission, on April 27, 1978, again reviewed the preliminary plat, and the City Engineer reported on a meeting held with the affected property owners. Three of the four property owners in the Wingard Addition, affected by the realignment of the Creek, were interested in participating in a replatting of the area, and the fourth property owner is satisfied with the survey he already has. The affected property owners have agreed to share the extra costs of the replatting, and the Commission then tabled this application to allow the applicant time to prepare preliminary plat. The applicant has recently submitted the requested new preliminary plat, and the City Engineer will be prepared to review the plat in more detail. One consideration raised during the review of this plat is the establishment of an appropriate easement along the Creek for future uses such as, a trailway or bikeway. A public hearing has been held on this plat at the Commission's April 6, 1978 meeting. Informational notices have been sent to the Minnesota Highway Department, the Osseo School District, and the City of Brooklyn Park. Approval would be subject to at least the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An appropriate easement shall be provided adjacent to Shingle Creek for purposes of environmental protection and public recreational access such as trailways and bikeways as determined by the City Engineer. 8-24-78 SC N 001. D -T o c-T ;.71 y Na7841�,_Z is � t f r -%. I U) m L1 101 Jo i8vd (o z a -9) r10 4 03, S011.1GO )koo b3 AT Z.., 711 all V3 4 qb So (of z 01 7 1 41V 1 ? ie (olzi