HomeMy WebLinkAbout2020-092 CCR
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Member Ryan introduced the following resolution and moved its adoption:
RESOLUTION NO. 2020-092
A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 1, BLOCK 1, SUNSET
MANOR, HENNEPIN COUNTY, MINNESOTA AND LOT 3, BLOCK 1, SUNSET MANOR,
HENNEPIN COUNTY, MINNESOTA.
WHEREAS, the Planning Commission has recommended approval for the plat entitled
Robertson and Brekke’s Brooklyn Boulevard Second 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
6927 Brooklyn Blvd and 6939 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 Second 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
Graves
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 5:
All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line: Beginning at a point on the South line of Section
27, Township 119, Range 21, distant 1607.8 feet West of the South Quarter corner thereof; thence
run Northwesterly at an angle of 53 degrees 20 seconds 37.5 minutes with said South Section line
for 1000 feet and there terminating, Block 1, Sunset Manor.
Torrens Property
Torrens Certificate No. 1427277.
PID: 2711921330011
Parcel 7:
Lot 3, Block 1, Sunset Manor.
Torrens Property
Torrens Certificate No. 1377906.
PID: 2711921330013
B-1
Exhibit B
Legal description of the Vacated Easements
Vacated Easement over Parcel 5:
All that part of the following described lot:
Lot 1, Block 1, Sunset Manor, according to the duly recorded plat thereof, situate in Hennepin
County, Minnesota, the title thereto being registered and evidenced by Certificate of Title No.
332416, except State Highway, which lies northeasterly of a line run parallel with and distant 46
feet southwesterly of the following described line:
Beginning at a point on the south line of section 27, township 119 north, range 21 west, distant
1607.8 feet west of the south quarter corner thereof; thence run north westerly at an angle of 53° 20’
37.5" with said south section line for 1000 feet and there terminating.
Vacated Easement over Parcel 7:
All that part of the following described lot:
Lot 3, Block 1, Sunset Manor, 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:
Beginning at a point on the south line of section 27, township 119 north, range 21 west, distant
1607.8 feet west of the south quarter corner thereof; thence run northwesterly at an angle of 53° 20'
37.5" with said south section line for 800 feet and there terminating.
Transfer from:1098511
Certificate Number: 1427277
Originally registered February 14, 1948 Volume: 414, Certificate No: 127088, District Court No: 8650
}s.s.Registration
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
T1032893 Easement Jun 2, 1972 11:10 AM
City of Brooklyn Center (a MN municipal corp)
Granting an easement for sidewalk purposes &c over pt of above
land. (See Inst)
T3655001 Mortgage Jan 2, 2003 11:00 AM $131,750.00
Mortgage Electronic Registration Systems, Inc. (a DE corp)
P.O. Box 2026, City of Flint, State of Michigan
T4782351 Amendment of
Mortgage Aug 26, 2010 10:00 AM
Between Jacob L Yanish and Mortgage Electronic Registration
Systems, Inc.
Amending Mortgage document no(s) 3655001
(See Inst)
T5368614 Satisfaction of
Mortgage Jul 29, 2016 4:11 PM Satisfies Mortgage document no(s) 3655001
Created by Document Number:5363941
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota public body coporate and politic, whose
address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430-2113;
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:
All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet Southwesterly of the following
described line: Beginning at a point on the South line of Section 27, Township 119, Range 21, distant 1607.8 feet West
of the South Quarter corner thereof; thence run Northwesterly at an angle of 53 degrees 20 seconds 37.5 minutes with
said South Section line for 1000 feet and there terminating, Block 1, Sunset Manor.
Page 1 of 2Certificate Number: 1427277 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 20th day of July, 2016.
Indexes Verified through 8/11/2020
Page 2 of 2Certificate Number: 1427277 This is a non-certified copy
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Exhibit C
Depiction of the Vacated Easements
Transfer from:1106815
Certificate Number: 1377906
Originally registered February 14, 1948 Volume: 414, Certificate No: 127088, District Court No: 8650
}s.s.Registration
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
T934384 Final Certificate Jan 30, 1969 12:05 PM State of Minnesota. For trunk highway purposes. (See Inst)
Parcel No. 87
T1032900 Easement Jun 2, 1972 11:10 AM 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. 934384
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 5th day of November, 2013.
Indexes Verified through 8/11/2020
Created by Document Number:5130269
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, 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 3, Block 1, Sunset Manor.
Page 1 of 1Certificate Number: 1377906 This is a non-certified copy