CR 94-96 Encroachment Easment Stiele & Venturian
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May 12, 1994 0 ~ Councll Report 94-96
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ENCROACHMENT EASEMENT
STIELE AND VENTURIAN CORP.
Proposed Action.
staff recommends adoption of the following motion: Move to
authorize the Mayor and city Manager to sign an Encroachment
Easement to take into consideration the encroachment of the
Venturian buildinq on 13th Avenue South.
Overview
The east side of the venturian building encroaches on 13th Avenue
South which is actually the Nine Mile Creek flowage area. This
encroachment was discovered based upon a recent survey. This
encroachment represents a defect in the title to the property.
This defect has created problems in terms of venturian and Stiele
closing on the sale of the property. The city Attorney has
. recommended that the City approve an encroachment easement which
provides the owner of the property with the use of a portion of
13th Avenue South/Nine Mile creek in order to maintain and repair
the building and parking lot so long as those facilities are in
place.
Attached is a memo from the City Attorney which discusses this
issue further.
supporting Documents
o Memo from City Attorney
o Encroachment easement
o Location map
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Thomas \!),i Harmening
Community Development Director
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C I T y 0 F H 0 P K I N S
MEMO
Date: May 12 I 1994
To: Hopkins City Council
From: Jerre Miller
Re: Venturian - Stiele Real Estate Purchase and Subdivision
A survey performed on the Venturi an - Stiele subdivision disclosed
an encroachment of approximately two feet over and upon dedicated
13th Avenue South by the Venturian Building and parking lot.
The Nine Mile Creek flowage area is actually 13th Avenue South of
County Road 3 and will unlikely ever be used as an improved public
. street.
In order to cure the defect on the title, the enclosed Encroachment
Agreement gives the present owner a nonexclusive but assignable
right to maintain the encroachment of the building and parking lot
for as long as the building and parking lot exists at which time
the cessation of which would terminate the easement.
It is recommended that the Mayor and City Manager sign the
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Agreement to allow the encroachmen~lby easement and cure the title
defect confronting Venturian ~nd $,~ele.
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1010 First Street South, Hopkins. Minnesota 55343 612/935-8474
An Equal Opportunity Employer
. ENCROACHMENT EASEMENT
The City of Hopkins, a municipal corporation, under the laws
of the State of Minnesota, ( "Grantor" ), for good and valuable
consideration, does hereby grant unto Venturi an Corp., a Minnesota
corporation, and Stiele & Stiele, a Minnesota general partnership,
and the successors and assigns of each of them ( "Grantees" ) , an
easement over and across that part of the dedicated right-of-way of
13th Avenue South, in the City of Hopkins, County of Hennepin, and
State of Minnesota described as follows (the "Easement Area"):
That part of the East 33 feet of the Northwest Quarter of
the Northwest Quarter of Section 25, Township 117, Range
22, lying North of the Northerly boundary line of the
right-of-way of the Minneapolis and St. Louis Railway
Company.
Grantees shall limit use of the Easement Area for use,
maintenance, repair and replacement of improvements existing along
the West boundary of the Easement Area as of the date of this
Encroachment Easement, which improvements include, without
limitation, an existing paved parking area, fence, brick building,
and electrical power line connections to that building.
. The easement granted herein is a nonexclusive, irrevocable,
assignable, commercial appurtenant easement which shall run with
and burden the Easement Area for the benefit of the following
described property Benefited Land terminable only upon cessation of
use or removal thereof by Grantees of such existing improvements:
Lots 1 and 2, Block 1, Stiele Addition, Hennepin County,
Minnesota
IN TESTIMONY WHEREOF, the Grantor has signed this Agreement as
of the day and year first above written.
Dated May _, 1994 THE CITY OF HOPKINS
By
Its
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=:'file'hopki~s'easeme~t'~e~turia
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. STATE OF MINNESOTA)
) 5S
COUNTY OF HENNEPIN)
The foregoing instrument was executed before me this ____ day
of , 1994, the of the City of Hopkins,
a municipal corporation under the laws of the State of Minnesota,
on behalf of the municipal corporation.
Notary Public
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This Instrument was drafted by:
Vesely, Miller & Steiner
400 Norwest Bank Building
1011 First Street South
Hopkins, MN 55343
(612) 938-7635
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COUNTY ROAD 3
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CITY OF HOPKINS
MEMORANDUM
DATE: May 9,1994
TO: Honorable Mayor Redepenning and Hopkins City Council
FROM: Kersten E]Verum,'~~g Coordinator
RE: Approval of Neighborhood Advisory Board Representative
Ian Sheeley has made application and has been approved by Mayor Redepenning for appointment
to the Neighborhood Advisory Board, representing the Park Valley Neighborhood. Please swear
Ms. Sheeley in at the May 17, 1994 City Council meeting. Attached is a copy of her application.
. Approval of this representative will not fill all positions of the Advisory Board. Vacancies remain
for one multi-family representative as well as a representative of the South Central neighborhood,
It is anticipated that these positions will be filled in the near future.
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APPLICATION FOR COMMISSION, COMMITTEE, BOARD MEMBERSHIP
cnMISSICN(S) I cx:::t>OOTIEE(S), or B:WID(S) WHIaI YOO ARE nU'~".1.'hU IN:
Zon:in;J an:! Planni.rq Camlission
Police civil Service O::Irrmission
Park Board
Olemical Health O::imnittee
01arter Canm.:ission
ParJr..i.~ o:::r.:mi t""u=e
other Neighborhood Advisory Board 'f
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NAME:'=:...,(,\ S h ~e-\e 1 I:WI'E : 1-- J L/ - Cj t.f
ADDRESS: 1 C 0 [, 1:iL Q,-~ Sv,. FHONE NUMBER: r3 f - '15 if f (;; )
CITY ( STATEt ZIP OJDE: ~_~) Y'r\ Y1 ) 5'>34"3 '130 - foo ~(w)
DESaUBE YOOR EIX1CATICN AND IDG'ERIENCE: ~~
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BRD'COMM.FRM
6119189