Imp. Proj. #490COUNCIL
Originating Department I Approved for Agenda
City Manager
B Kirk McDonald By:
7 -27 -92
RESOLUTION ACCEPTING EASEMENT FOR CONSTRUCTION AND MAINTENANCE
OF PUBLIC IMPROVEMENT AT 7649 46TH AVENUE NORTH (PROJECT NO. 490)
The attached resolution accepts an easement for construction and maintenance of a public
improvement at 7649 46th Avenue North. Last fall the former property owner contacted the City
regarding what he felt were incorrect lot dimensions. Staff research into the situation showed
that the City had a road and storm sewer located on the north portion of the property where the
road curves north with no easements. This spring the property was sold and staff has been
working with the new owner to obtain an easement, to which the owner is agreeable. Mr. Bowe,
current owner of the property, has been sent the enclosed easement for signature and it is
anticipated that the signed documents will be returned to the City prior to July 27th. Staff
requests that the Council approve the resolution accepting the easement. Once the easement
is acquired on the south side of the street, staff will be initiating a vacation on the north side of
46th Avenue.
Staff recommends approval of the resolution.
MOTION BY
go
6 1 1 410 Di 3iJ
Agenda Section
Item No.
6.8
Review:
Administration:
Finance:
,RFA -001
RESOLUTION NO. 92-124
RESOLUTION ACCEPTING EASEMENT FOR
CONSTRUCTION AND MAINTENANCE OF
PUBLIC IMPROVEMENT AT 7649 46TH AVENUE NORTH
(PROJECT NO. 490)
BE IT RESOLVED by the City Council of the City of New Hope as
follows:
1. That a certain easement for construction and maintenance
of public improvement relating to a street and utilities has been
obtained from James Richard Bowe and Jennie F. Bowe, a copy of
which is attached as Exhibit A. That said easement involves
certain covenants and agreements on the part of the City. That
acceptance of said easement is necessary for the successful
maintenance of the public street and any utilities.
2. It is hereby found and determined that this Council
accepts the Easement for Construction and Maintenance of Public
Improvement from James Richard Bowe and Jennie F. Bowe.
Dated the 27th day of July, 1992.
Edw. J~yErickson, Mayor
Attest:
Valerie Leone, City Clerk
CORRICK & SONDRALL
CORRICK LAW OFFICES, PA.
WILLIAM J. CORRICK
STEVEN A. SONDRALL, P.A.
STEVEN A.SONDRALL
MICHAEL R. LAFLEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
LAWYERS
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425 -5671
FAX (612) 425.5867
LEGAL ASSISTANTS
LAVONNE E. KESKE
SHARON D.DERBY
Kirk McDonald
Management Asst.
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55425
RE: Street Easement - 7649 46th Avenue North (Bowe)
Our File No. 99.11092
it
Enclosed for your further handling please find an original
Resolution Accepting Easement for Construction and maintenance of
Publ is Improvement at 7649 46th Avenue North. You plan to have
this matter on the July 27th Council agenda.
Thank you for your help. Please contact me if you have any
questions,
EASEMENT FOR CONSTRUCTION AND MAINTENANCE
OF PUBLIC IMPROVEMENT
THIS INDENTURE, executed on the day of July, 1992,
between JAMES RICHARD BOWE and JENNIE F. BOWE, husband and wife
(herein "First Party ") and the CITY OF NEW HOPE, a Minnesota
Municipal corporation (Herein "City ").
WHEREAS, First Party is the fee owner of real property located
in Hennepin County, Minnesota, legally described as {herein
"Property ") :
Lot 10, Block 2, Winnetka Hills 2nd Addition.
WHEREAS, the City is desirous of obtaining a street and
utility easement over, under and across a portion of said Property,
WITNESSETH; That the First Party in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration to
it in hand paid by the City, the receipt whereof is hereby
acknowledged, does hereby grant, bargain and convey unto the said
City, its successors and assigns, forever, a permanent easement
over, under and across the easement tract described below,
including full and free right and authority to enter upon and to
make such use of said easement tract as is reasonably necessary and
advisable in the construction, operation and maintenance of a
street and utilities.
The permanent street and utility easement herein granted is
situated over, under and across a tract of land (the easement
tract) situated in the County of Hennepin and State of Minnesota,
described as follows:
Commencing at the northwest corner of Lot 10, Block 2,
Wi nnet ka Hills 2nd Addition; thence north 890 52' 45"
east a distance of 24.06 feet to the point of beginning,
thence easterly along a curve concave to the northeast
having a radius of 346.92 feet a distance of 122.44 feet,
thence south OOo 03' 00" east a distance of 20.88 feet,
thence south 890 52' 45" west a distance of 117.58 feet
to the point of beginning.
James Richard Bowe
Jennie F. Bowe
STATE OF MINNESOTA )
) ao.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this day of
' 1992, by James Richard Bowe and Jennie F. Bowe,
husband and wife.
Notary Public
This Document was Drafted by:
CORRIOK & SONDRALL, a Partnership
of Professional Corporations
8525 Edinbrook Crossing, #203
Brooklyn Park, MN 55443
(612) 425-5871
I the undersigned, being the duly qualified and acting Clerk
of the City of New Hope, Minnesota, hereby certify that the Council
of said City has duly accepted the foregoing easement.
Dated:
City Clerk
November 27, 1991
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Re: 46th & Rhode Island
Street Easement/Vacation
Our File No. 34 -Gen.
Dear Kirk:
Keith A. Gordon, P.E.
Orto G. Bonestroo, PE.
BB one5 }' / � ®®
Richard W Foster, P.E.
`i
Joseph C. AAnderlik. RE.
R®sene
Marvin L. S PE.
Richard E. Turner. P.E.
®
Anderiik &
Glenn R Cook PE.
Thomas E. Noyes, P.E.
Howard A. Sanford. P.E.
Robert G. Schunicht PE.
A ssociates
Ass ociates
Susan M. Eberlin, C.P.A.
Engineers&
Ted K. Field, P.E.
November 27, 1991
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Re: 46th & Rhode Island
Street Easement/Vacation
Our File No. 34 -Gen.
Dear Kirk:
Keith A. Gordon, P.E.
Mark R. RoMS, PE.
Rene C Plumart. A!A
Richard W Foster, P.E.
Robert C. Russek A.I.A.
Agnes M. Ring, A.I C
Donald C. Burgarat PE,
Thomas E. Angus, P.E.
Jerry 0 Permsch, PE
Jerry A. Bourdon, PE.
Howard A. Sanford. P.E.
Cecdio Olivier. PE
Mark A. Hanson, P.E.
Daniel J. Edgerton. RE.
Robert R. Dreblow. PE
Ted K. Field, P.E.
Mark A. Seip, P.E.
Gary W Monen, PE.
Michael 7 Rautmann. P.E.
Philip J. Caswell, PE,
Karen L. Wiemen, PE.
Robert R. Pfefferk, P.E.
Ismael Martinez RE.
Keith R. Yapp. PE,
David O. Loskota, PE.
Mark 0. Wallis, P.E.
Charles A. Erickson
Thomas W. Peterson, P.E.
Thomas R. Anderson, A.I.A.
Leo M. Pawelsky
Michael C. Lynch, PE.
Gary F Rytandet P.E.
Harlan M. Olson
James R. Maland, P.E.
Miles B. Jensen, P.E.
Kenneth P. Anderson. PE.
L. Phillip Grand III, P.E.
We have completed the descriptions for the utility and street easement for 7649 46th
Avenue and the street vacation for 4600 Rhode Island. Attached are the descriptions and
drawings. Please call with any questions.
Yours very truly,
BO STROO OSENE, ANDERLIK & ASSOCIATES, INC.
Mark A. Hanson
MAH:dh
cc: Steve Sondrall
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612- 636 -4600 • 35th Anniversary
EASEMENT Sonostroo
I I ,,, -- - Al Aosona
NEW HOPE, MINNESOTA FIGURE 1 Arndorllk b
7649 46th AVENUE " Associates
N EVro"n 4 Architect,
K:`34 \34GEN \7649 -46A DECEMBER 1991 COMM. 34GEN 2335 Wart Highway 38
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STREET & UTILITY EASEMENT
rq.r r r N h
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N 67 52r
4S" E
24,08' 117.58 5 87 :12' 43" w
46th Avenue N
LOT 10
7649
BLOCK 2
0 40 80
Scale in feet
Lot 10, Block 2, Winnetka Hills
2nd Addition, Hennepin County, Minnesota
A permanent easement for street and utility purposes over, under and
across that part as described;
Commencing at the NW corner of
Lot 10, Block 2. Winnetka Hills
2nd Addition, thence: N 89' 52' 45 E a
distance of 24.06' to the point
of beginning, thence easterly along a
curve concave to the Northeast
having a radius of 346,92' a distance
of 122.44'. thence S 00' 03' 00" E a distance of 20.88`, thence
S 89. 52' 45" W a distance of
117.58' to the point of beginning.
EASEMENT Sonostroo
I I ,,, -- - Al Aosona
NEW HOPE, MINNESOTA FIGURE 1 Arndorllk b
7649 46th AVENUE " Associates
N EVro"n 4 Architect,
K:`34 \34GEN \7649 -46A DECEMBER 1991 COMM. 34GEN 2335 Wart Highway 38
8L PuU+4 WinfM601a 55113
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4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531 -5100 FAX o ' 2
July 13, 1992
Mr. James Bowe
7649 46th Avenue North
New Hope, MN 55428
Subject: STREET AND UTILITY EASEMENT
Dear Mr. Bowe:
You will recall that in March and June of this year the City
sent you correspondence regarding the acquisition of a
street and utility easement on the northerly edge of your
property for City utilities that have been in place for some
time. The City had previously discussed this matter with
the former owner of your property, Mr. Loren Fresonke.
After the June correspondence, you stopped at the City Hall
and indicated you had no problem granting the easement and
I indicated that the City would prepare the formal easement
documents.
The City Attorney has prepared the necessary easement
documents and three (3) copies of the easement are enclosed.
I would request that you and your wife please sign the
documents on page 2 and return them to the City Hall in the
enclosed postage paid envelope. The signatures must be
notarized and if it is not convenient for you to find a
notary, you may bring them to the City Hall and have them
notarized here. Please return all three (3) copies and I
will send you a fully executed copy once the easement has
been accepted by the City Council and executed by the Mayor
and City Clerk.
Although the easements are titled "Construction and
Maintenance of Public Improvement ", it is not the City's
intent to do any construction. The City merely desires an
easement for routine maintenance of the street and storm
sewer that are in place.
When the easements are returned they will be formally
approved by the City Council on July 27th and the City will
then record the documents with the County. As I stated in
previous correspondence, the City will assume all legal and
engineering costs to prepare and record.the easement.
Family Styled City For Family Living
-2-
Please contact me if you have any questions and thanks for
your cooperation in resolving this matter.
Sincerely,
Daniel J. Donahue
City Manager
Kirk McDonald
Management Assistant/Community Development Coordinator
Enclosure: Easement Documents
cc: Dan Donahue, City Manager
Steve Sondrall, City Attorney
Doug Sandstad, Building Official
Mark Hanson, City Engineer
Valerie Leone, City Clerk
Project #490
4401 Xyfon Avenue North New Hope. Minnesota 55428 Phone: 531 -5 FAX
June 8, 1992
Mr. James Bowe
7649 46th Avenue North
New Hope, MN 55428
Subject: STREET AND UTILITY EASEMENT
Dear Mr. Bowe:
On March 16, 1992, the City sent you the enclosed letter regarding
the possible acquisition of a street and utility easement for City
utilities that are currently in place. The City indicated that we
would assume all legal and engineering costs to prepare the
easement and to properly record it with the County. The City
requested that you please review the proposed easement documents to
let us know if you were agreeable to this suggestion. To date no
response has been given.
I have enclosed a duplicate copy of all materials previously mailed
to you and would again request that you review the information and
respond. Please contact-me at 531 -5119 or stop at the City Hall if
you have comments or questions.
Sincerely,
Kirk McDonald
Management Assistant /Community Development Coordinator
KM/ lb
Enclosure: Easement Description /Past Correpondence
cc: Dan Donahue, City Manager
Steve Sondrall, City Attorney
Doug Sandstad, Building Official
Mark Hanson, City Engineer
Valerie Leone, City Clerk
Project File #490-
J0 Family Styled City For Family living
4401 Xylon Avenue North New Hope. Mlnnesota 55428 Phone, 531-5100 FAX 5 z z
March 16, 1992
Mr. James Bowe
7649 46th Avenue North
New Hope,, MN 55428
Subject: STREET AND UTILITY EASEMENT
Dear Mr. Bowe:
It is my understanding that you recently purchased the property at
7649 46th Avenue North from Mr. Loren Fresonke and that you are the
new owner of the property. I am sure that you are probably aware
that Mr. Fresonke had contacted the City on several occasions
regarding what he felt were incorrect lot dimensions (see enclosed
correspondence dated 10/17/91). The City has initiated research on
this situation and was prepared to recommend a solution, however
Mr. Fresonke sold the property before we were able to further
discuss this issue with him. The purpose of this letter is to
inform you about Mr. Fresonke's past concerns, the solution
recommended by the City, and to determine if you want to proceed to
resolve the situation or not. 41
Last fall Mr. Fresonke had written to New Hope City Manager Dan
Donahue and had discussions with Building Official Doug Sandstad
regarding the dimensions of his property fronting onto 46th Avenue
North. He had indicated that he felt that the lot shape, which
curves on the north, was incorrect and that the builder of the home
had told him that the curving, dead-end roadway would be eliminated
since the street would not be extended. I am not certain as to
what happened in the past, but the curvature in the lot was not
eliminated and the City has a road and storm sewer located on this
portion of the property. Mr. Fresonke, also felt he should not
have to pay taxes on what he called "the extra property".
Per Mr. Fresonke's request, the City researched this matter with
the City Engineer and Attorney. In an effort to resolve both
problems, the "squaring off" of the property and the acquisition of
an easement for the City utilities that are in place, the City
would propose that the property owner provide the City with a
street and utility easement. The property would be "squared off"
if the easement was provided and properly recorded. The City has
followed through and completed the easement description, which is
described legally and graphically on the enclosure. I am unaware
as to whether granting the easement would have any impact on the
taxes paid, but it would help to correct the dimensions on the
property.
Family Styled City For Family Living
As the new property owner, would you please review the enclosed
easement and let the City know if you are agreeable to this
suggestion. The City can "square off" the northerly property line
if you will provide the necessary easement. The City would assume
all legal and engineering costs to prepare the easement and to
properly record it with the County. If this solution is agreeable
to you, the City will forward the necessary documents to you for
your signature.
Please contact me at 531-5119 or stop at the City Hall if you have
comments or questions and to let me know if you want the City to
proceed in correcting this past error.
Sincerely,
Kirk McDonald
Management Assistant/Community Development Coordinator
KM/lb
Enclosure: Easement Description/Past-Correspondence
cc: Dan Donahue, City Manager
Steve Sondrall, City Attorney
Doug Sandstad, Building official
Mark Hanson, City Engineer
Valerie Leone, City Clerk
Project File 1490
TO: KIRK McDONALD
FROM: DOUGLAS SANDSTAD
DATE: OCTOBER 22, 1991
SUBJECT: OCTOBER 17th LETTER FROM LOREN FRESONKE, 7649 46th Ave. No.
Mr. Fresonke first visited my office about 60 days ago to ask for a copy
of any lot surveys or plats showing his lot. He felt that the city and
county records were incorrect as to his lot shape, because of what the
county tax people told hire. 1 showed him all of my maps, plats and
graphics that he felt were in error. He had been told by the homebuilder,
Glen Kuch, when his house was completed that the "curving dead end Roadway
would be eliminated" since the city had decided MJt to extend streets east
Lo Quebec Avenue. As the original owner, I didn't question his memory or
the details. I have since checked our property files and the Winn.etka Hills
and Winnetka Hills 2nd Addition plat files in vain for any indication that
the street in front of his home was straightened - legally.
He revisited city hall recently, during the street i;�pr�wec,on.t project
involving his street. I pulled out the plans for ^roj�r_ P�70 to refer
to in his continuing insistence that our records were wror;g. Those
Bonestroo plans illustrate the same lot shape as our plats and county half -
sections, but they also show the roadway crossing over onto the Fresonke
lot at the northeast corner. I checked this out and found no easement or
right -of -way to explain it. It is possible that-the storm sewer work running
from the dead -end towards the south is also across the Fr. , -ssonke lot and NOT
within an existing drainage & Utility easement. The disturbed surface area
is hash - marked ou the attached overlay "P ". I told him I would meet with
our city engineer to discuss the situation. A week later I advised him that
the work was done in the same area as the existing dead -end, per the Engineer.
I briefly discussed the concept of platting with the Fresonkes, to see if
they had an interest in creating a new lot on their .38 acre site; they did
not. I informed him that the city may want to acquire an easement along
the north and east sides of his lot, but he insists that the city "Take
the curving triangle section of his lot that dose not parallel the road,
as he understood was done 28 years ago.
There are several reasons that we should seriously consider a plat that
would include 2 lots and the street as suggested in concept on attachment
"P ". I have not spoken with owner "B ", but understand that he, too, is
not aware that his property line is 12 feet from the street right -of -way
(south) leaving him little driveway, and a nonconforming setback. Clearly,
such a plat would correct our roadway problem and the storm sewer problem,
while satisfying the Fresonkes demand. for a front property line that parallel
the road. Survey & legal costs, naturally, will exist whether it is handled
by easements or platting or street vacation (Lot "B ") or a combination.
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Problem # 3
POTENTIAL t° PLAT"
2 Lots and street
Problem # 1 .,.04
Problem 1 4 Problem # 2
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PROBLEMS:
1. Street on private property "A"
2. Storm Sewer excavation on lot "A"
without easement.
3. Nonconforming building setback,
corrected by this plat.
" 4. Owner "A" insists on "rectangular"
lot, with front line parallel the road
S. 1991 Street Project #470 should not
have drawn the roadway across the
property line at the northeast corner
of lot "A ": Such problems need to be
addressed when found.
10 -22 -91
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October 17, 1991
City of New Hope
ATTN: Mr. Dan Donahue
4401 Xylon Avenue North
New Hope, MN 55428
Dear Sir:
The City of New Hope has denied me the authority to permit use
of the easement for the construction of road and sewer on my
property.
After being incorrectly taxed for so many years based on the
front footage of this property, I believe the City of New Hope
should rectify this problem at no cost to me with an updated
survey report and the corrected dimensions.
Please reply at your earliest convenience.
Sincerely,
Loren H. Fresonke
7649 46th Ave. No.
New Hope, MN 55428
4401 Xylon Avenue North New Hope, Minnesota 55428 Phone. 531-5100 FAX (612) 531-51
November 9, 1992
Mr. James Bowe
7649 46th Avenue North
New Hope, MN 55428
Subject: STREET AND UTILITY EASEMENT
Dear Mr. Bowe:
You will recall that in March and June of this year the City sent you
correspondence regarding the acquisition of a street and utility
easement on the northerly edge of your property for City utilities
that have been in place for some time. The City had previously
discussed this matter with the former owner of your property, Mr.
Loren Fresonke. After the June correspondence, you stopped at the
City Hall and indicated you had no problem granting the easement and
I indicated that the City would prepare the f ormal easement documents.
The City sent the easement documents to you on July 13th for
signature, but I do not believe they were ever returned to the City.
I would appreciate your letting me know the status of the easements.
If they have been misplaced, I would be glad to send new copies. If
you have changed your mind about granting the easement, that is fine,
but I would like to know the status so that this matter is not left
open-ended. It was my understanding that both parties were agreeable
to the easement, as the City was absorbing all legal, engineering and
recording costs. Perhaps you still have the easements and have not
had the time to have them signed and notarized. If that is the case,
the City will provide the notary and meet with you at your schedules
convenience.
Please contact me at 531-5119, or stop at the City Hall to let me know
the status of the easements. Thanks for your cooperation in resolving
this matter.
Sincerely,
Kirk McDonald
Management Assistant/Community Development Coordinator
cc: Dan Donahue, City Manager
Steve Sondrall, City Attorney
Doug Sandstad, Building official
Mark Hanson, City Engineer
Valerie Leone, City Clerk
Project #490
Family Styled City A�� For Family Living
January 9, 1995 y 1S
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: September 26, 1994 Memo Regarding Executed Contracts on
Various Files
Our File No: 99.10000
Dear Valerie:
I did not mean to ignore the enclosed memo regarding the
whereabouts of executed contracts referred to therein.
1. Easement for Construction and Maintenance of Public
Improvement No. 490 (7649 46th Avenue North James Bowe). Our
File No: 99.11092 - this matter was initiated by the property
owner. On November 9, 1992 Kirk transmitted easement documents to
the property owner for their signature. The property owners have
not returned the easements and it appears they are no longer
interested in giving the City the requested easements. As a
result, the executed easements will not be obtained,a we do not
intend to bursue this matter any further
2. Ardel Engineering License and Indemnification Agreement -
Our File No. 99.11111. Kirk requested the execution and return of
this agreement in his August 25, 1993 letter to the President of
Ardel Engineering. I do not know if Kirk has received a response
to this letter, however this matter should be pursued until we
obtain a signed document from Ardel Engineering. I will talk with
Kirk and Ardel Engineering so we can obtain signed copies of this
agreement.
3. Broadway Village Community Center Project No. 513 - Our
File No. 99.11115. We have the signed documents by the property
owner in our possession. We will provide you with a copy shortly.
CORRICK & SONDRALL, P.A.
STEVEN A. SONDRALL
ATTORNEYS AT LAW LEGAL ASSISTANTS
MICHAEL R. LAFLEUR
MARTIN P. MALECHA
Edinburgh Executive Office Plaza LAVONNE E. KESKE
WILLIAM C. STRAIT
8525 Edinbrook Crossing SHARON D. DERBY
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425 -5671
FAX (612) 425.5867
January 9, 1995 y 1S
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: September 26, 1994 Memo Regarding Executed Contracts on
Various Files
Our File No: 99.10000
Dear Valerie:
I did not mean to ignore the enclosed memo regarding the
whereabouts of executed contracts referred to therein.
1. Easement for Construction and Maintenance of Public
Improvement No. 490 (7649 46th Avenue North James Bowe). Our
File No: 99.11092 - this matter was initiated by the property
owner. On November 9, 1992 Kirk transmitted easement documents to
the property owner for their signature. The property owners have
not returned the easements and it appears they are no longer
interested in giving the City the requested easements. As a
result, the executed easements will not be obtained,a we do not
intend to bursue this matter any further
2. Ardel Engineering License and Indemnification Agreement -
Our File No. 99.11111. Kirk requested the execution and return of
this agreement in his August 25, 1993 letter to the President of
Ardel Engineering. I do not know if Kirk has received a response
to this letter, however this matter should be pursued until we
obtain a signed document from Ardel Engineering. I will talk with
Kirk and Ardel Engineering so we can obtain signed copies of this
agreement.
3. Broadway Village Community Center Project No. 513 - Our
File No. 99.11115. We have the signed documents by the property
owner in our possession. We will provide you with a copy shortly.