HomeMy WebLinkAbout2020-091 CCR
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Member Graves introduced the following resolution and moved its adoption:
RESOLUTION NO. 2020-091
A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 4, BLOCK 5,
WANGSTAD’S BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA AND LOT 1,
BLOCK 1, PEARSON’S NORTHPORT 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the Planning Commission has recommended approval for the plat entitled
Robertson and Brekke’s Brooklyn Boulevard First Addition (the “Plat”) based on certain conditions as
set forth in the City Council Resolution No. 2020-067 and Planning Commission Resolution No. 2020-
005; and
WHEREAS, the Plat includes certain real property situated in Hennepin County located
at 6031 Brooklyn Blvd; 6037 Brooklyn Blvd; and 6045 Brooklyn Blvd all located within the City of
Brooklyn Center and as legally described on the attached Exhibit A (the “Properties”);
WHEREAS, certain public easements currently exist on the Properties which as a result
of the Plat are either no longer needed, or are being replaced by new easements covering the Properties
within the Plat; and
WHEREAS, the specific easements proposed to be vacated are as legally described
on the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated
Easements)”:
WHEREAS, after due notice and public hearing, the City Council has determined that
the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the
Vacated Easements is in the public interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City hereby declares that the Vacated Easements described in the attached Exhibit
B and as depicted on the attached Exhibit C are hereby vacated.
2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings
and to record it with the Hennepin County Recorder or Hennepin County Registrar of
Titles, as appropriate; provided, that this resolution will only take effect upon the release
and filing of the final plat of Robertson and Brekke’s Brooklyn Boulevard First Addition,
execution and filing of associated and separate rededicated easements, and upon
execution and filing the subdivision agreement for said associated development.
Adopted this 12th day of October, 2020
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__________________________________
Mayor Pro Tem
ATTEST: _______________________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Graves, Lawrence-Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
A-1
Exhibit A
Legal description of the Properties
Parcel 1:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08
feet West of the Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes
52.3 seconds with said South section line for 432.38 feet to the point of beginning of the line to be
described; thence run Southeasterly along the last described course for 100 feet; thence deflect to
the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2 seconds) for 867.16
feet and there terminating. Block 1, Pearson's Northport 3rd Addition.
Torrens Property
Torrens Certificate No. 1392052.
PID: 0311821120015
Parcel 3:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North
of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Torrens Property
Torrens Certificate No. 1483315.
PID: 0311821120098
Parcel 4:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of,
measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Torrens Property
Torrens Certificate No. 1483312.
PID: 0311821120087
B-1
Exhibit B
Legal description of the Vacated Easements
Vacated Easement over Parcel 1:
Lot 1, Block 1, Pearson's Northport Third Addition, according to the duly recorded plat thereof,
situate in Hennepin County, Minnesota, except State Highway, which lies northeasterly of a line run
parallel with and distant 46 feet southwesterly of the following described line:
From a point on the south line of Section 34, Township 119 north, Range 21 west, distant 1741.08
feet west of the southeast corner thereof, run northwesterly at an angle of 68° 01' 52.3" with said
south section line for 432.38 feet to the point of beginning of the line to be described; thence run
southeasterly along the last described course for 100 feet; thence deflect to the right on a 2° 00 curve
(delta angle 17° 20' 35.2") for 867.16 feet and there terminating.
Vacated Easement over Parcel 3:
The south 138 feet of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition, according to the title
of record, Office of the Registrar of Titles, Hennepin county, Minnesota, which lies within a
distance of 10 feet southwesterly of the southwesterly boundary of State Highway No. 152 as now
located and traveled.
Vacated Easement over Parcel 4:
That part of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition; lying north of a line drawn
parallel with and 138 feet north of as measured at right angles to the south line of said Lot 4,
according to the duly recorded plat thereof, office of the Registrar of Titles, Hennepin county,
Minnesota, which lies within a distance of 5 feet southwesterly of the southwesterly boundary of
State Highway No. 152 as now traveled and located.
C-1
Exhibit C
Depiction of the Vacated Easements
Transfer from:1323697
Certificate Number: 1392052
Originally registered April 22, 1955 Volume: 764, Certificate No: 232063, District Court No: 12294
}s.s.Registration
Subject to restrictions created by the record found in Book 2034 of Deeds, page 506;
Subject to drainage, emergency water and utility easements as described in the plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T459044 Order of Court May 5, 1955 8:00 AM Directing that Judicial Landmark be shown as placed at the Northeast
corner of said lot
T1062481 Easement Feb 22, 1973 10:55 AM City of Brooklyn Center. Granting an easement for sidewalk purposes
over pt of above land (See Inst)
T1809325 Mortgage Mar 4, 1987 9:00 AM $58,750.00 Residential Financial Corp (a NJ corp)
1445 Valley Road, Wayne, NJ
Created by Document Number:5196899
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, whose address is 6301 Shingle Creek Parkway,
Brooklyn Center, Minnesota, 55430;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the
following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08 feet West of the
Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South section
line for 432.38 feet to the point of beginning of the line to be described; thence run Southeasterly along the last described
course for 100 feet; thence deflect to the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2
seconds) for 867.16 feet and there terminating. Block 1, Pearson's Northport 3rd Addition.
Page 1 of 2Certificate Number: 1392052 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of September, 2014.
Indexes Verified through 8/11/2020
Page 2 of 2Certificate Number: 1392052 This is a non-certified copy
Transfer from:1325024
Certificate Number: 1483315
Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479
}s.s.Registration
Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens
Case No 8655;
Subject to utility easements as shown on the plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed
by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T625441 Declaration May 4, 1960 12:00 PM Creating restrictions & conditions & covenants
(See Inst)
T661790 Agreement Jul 5, 1961 12:00 PM
Between Homedale Builders, Inc., Fred William Ames &
Ben Holmes & Carol J. Holmes, hus & wf. Amending set-back
requirement as contained in Doc No. 625441
(See Inst)
T662452 Order of Court Jul 12, 1961 11:15 AM Directing that the setback provision contained in Doc No. 625441 has
been modified by agreement contained in Doc No. 661790.
T692814 Agreement Jun 4, 1962 3:10 PM
Between Homedale Builders, Inc. &
Ben Holmes & Carol J. Holmes, hus & wf.
Amending Par 5 in Doc No. 625441
(See Inst)
T914924 Final Certificate Jul 17, 1968 2:00 PM
State of Minnesota: Acquiring certain easements and rights for trunk
highway purposes over part of above land.
Parcel 25
Created by Document Number:5609800
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, a MN public body corporate and politic, whose address
is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55429;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North of, measured at right angles
to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Page 1 of 2Certificate Number: 1483315 This is a non-certified copy
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T1032875 Easement Jun 2, 1972 11:10 AM
City of Brooklyn Center. Granting an easement for
sidewalk purposes &c over pt of above land.
(See Inst)
T1484376 Amendment Oct 7, 1982 10:00 AM
State of Minnesota. For highway purposes
Parcel No. 35.
Amending Doc No. 914924.
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes
Land in Doc No. 1484376.
T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks.
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of May, 2019.
Indexes Verified through 8/11/2020
Page 2 of 2Certificate Number: 1483315 This is a non-certified copy
Transfer from:1314308
Certificate Number: 1483312
Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479
}s.s.Registration
Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens
Case No 8655;
Subject to utility easements as shown on plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed
by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T914924 Final Certificate Jul 17, 1968 2:00 PM State of Minnesota. For highway purposes
Parcel No 36
T1060420 Easement Jan 26, 1973 3:30 PM City of Brooklyn Center. Granting an easement for sidewalk purposes
over pt of above land (See Inst)
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes.
Land in Doc No 1484376
T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks.
Created by Document Number:5609800
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center Minnesota a Minnesota body corporation and politic, whose address
is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of, measured at right angles
to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Page 1 of 2Certificate Number: 1483312 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of May, 2019.
Indexes Verified through 8/11/2020
Page 2 of 2Certificate Number: 1483312 This is a non-certified copy