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MEMORANDUM TO FILE
RE: PFJ071 -Joe's Crab Shack
On December 19,2001 the letter of credit (LOC) issued by Bank of America (NO. 3012432) related
to landscape improvements for Joe's Crab Shack, 2704 Snelling Avenue Frontage Road by Landry's
Seafood Restaurants was destroyed. This LOC was issues on October 7, 1998, expired on June 1,
2000, and was no longer necessary.
Thomas Pasch , City Planner
REQUEST FOR COUNCIL ACTION
DATE: 10/12/98
ITEM NO: C-3
Agenda Section:
CONSENT
The Starlite Limited Partnership request for release of a ponding and
utility easement at 2704 Snelling Service Drive East (PF#3071).
1.0 REQUESTED ACTION
1.1 The Starlite Limited Partnership is requesting the release of an easement granted
for ponding and underground utility mains, pipes, and appurtenances under and
across a portion of Lot 2, Block 2, Venture Addition (2704 Snelling Service Drive
East). The Starlite Limited Partnership will grant easements for ponding and storm
sewer to the City as replacement easements.
2.0 BACKGROUND
2.1 The Starlite Limited Partnership is the owner of Lot 2, Block 2, Venture Addition.
This property has been leased by Landry's Seafood Restaurants, Inc., and is being
developed as a Joe's Crab Shack.
2.2 A ponding and utility easement (Easement No.1) was granted to the City of
Roseville by Fine Associates, Inc. in July 1979 (recorded in September 1979 as
Document No. 2054645). As other parcels in this area were developed, stormwater
was diverted to this undeveloped parcel. Now that this parcel is being developed,
the actual location of the ponding easement needs to be changed in order to
accommodate the location of the restaurant and parking areas.
2.3 Since this is a utility easement granted to the City by separate document rather than
through dedication on a plat, it can be released by the City. No hearings or
notification of adjacent property owners is required.
3.0 STAFF COMMENT
Staff has made the following findings:
1. The building being constructed at 2704 Snelling Service Drive East encroaches into
the ponding and utility easement granted by Document No. 2054645.
2. Releasing this ponding and utility easement will not have an adverse impact on the
general public health, safety and welfare, provided replacement easements are
granted to the City.
PF3071 - RCA (10/12/98) - Page 1 of 2
3. The Starlite Limited Partnership has provided a replacement ponding easement and
a replacement storm sewer easement.
4.0 STAFF RECOMMENDA TION
4.1 Based on the findings outlined in Section 3.1 of this report, staff recommends
approval of the request to release the easement granted for ponding and
underground utility mains, pipes, and appurtenances under and across a portion of
Lot 2, Block 2, Venture Addition (Document No. 2054645, based on the findings
outlined in Section 3.1.). Staff also recommends acceptance of the replacement
utility/ponding easement (03-33-25).
5.0 SUGGESTED CITY COUNCIL ACTION
5.1 By resolution, release the easement granted for ponding and underground utility
mains, pipes, and appurtenances under and across a portion of Lot 2, Block 2,
Venture Addition (Document No. 2054645) and accept the replacement
utility/ponding easement (03-33-25), based on the findings outlined in Section 3.1.
Attachments: resolution; location map; sketch of easements; Document No. 2054645 (original easement);
Replacement Utility/Ponding Easement (03-33-25).
60-day Time Limit: request submitted on September 24, 1998; decision deadline is November 23, 1998.
Prepared by: Kim L. Lee, AICP (490-2236)
Q:\Planning Files\3071_Joe'sCrabShack\RCA( 1 01298}.doc
PF3071 - RCA (10/12/98) - Page 2 of 2
EXTRACT OF MINUTES OF MEETING
OF CITY COUNCIL
CITY OF ROSEVILLE
RAMSEY COUNTY, MINNESOTA
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Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Roseville, County of Ramsey, Minnesota, was duly held in the City Hall at 2660 Civic
Center Drive, Roseville, Minnesota, on Monday, the 12th day of October, 1998, at 6:30
p.m.
The following members were present: Goedeke, Maschka, Wiski, Mastel and Wall
and the following were absent: None
Member Mastel introduced the following resolution and moved its adoption:
RESOLUTION NO. 9592
A RESOLUTION RELEASING EASEMENT NO.1
GRANTED TO THE CITY OF ROSEVILLE BY
FINE ASSOCIATES, INC.
BY DOCUMENT NO. 2054645
WHEREAS, The Starlite Limited Partnership has requested the City to an easement
granted for ponding and underground utility mains, pipes, and appurtenances under and
across a portion of Lot 2, Block 2, Venture Addition (2704 Snelling Service Drive East -
Joe's Crab Shack); and
WHEREAS, the City Council considered the request and made the following
findings:
1. The building being constructed at 2704 Snelling Service Drive East encroaches into
the ponding and utility easement granted by Document No. 2054645.
2. Releasing this ponding and utility easement will not have an adverse impact on the
general public health, safety and welfare, provided replacement easements are
granted to the City.
3. The Starlite Limited Partnership has provided a replacement ponding easement and
a replacement storm sewer easement.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Roseville, Minnesota, hereby releases the easement granted for pondin9 and underground
utility mains, pipes, and appurtenances under and across Lot 2, Block 2, Venture Addition,
and recorded as Document No. 2054645 attached hereto.
BE ITE FURTHER RESOLVED that the City Council of the City of Roseville hereby
accepts the utility/ponding easement (03-33-25) as legally described in Exhibit A attached
hereto.
Resolution 9592 - Page 1 of 2
..
The motion for the adoption of the foregoing resolution was duly seconded by Member
Goedeke and upon vote being taken thereon, the following voted in favor thereof:
Goedeke, Maschka, Wiski, Mastel and Wall
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS
CITY OF ROSEVILLE )
I, the undersigned, being the duly qualified City Manager of the City of Roseville, County
of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of said City Council held
on the 12th day of October, 1998, with the original thereof on file in my office.
SEAL
Steven R. Sarkozy, City Manager
Q:\Planning Files\3071_Joe'sCrabShack\Resolution .doc
Resolution 9592 - Page 2 of 2
FAEGRE & BENSON LLP
2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402.3901
THF.J'I!OS[ 612-336-3000
F'\CSI.\l!l.[ 612-336'3026
Septem ber 23, I 998
Douglas Strong
City of Roseville
2660- Civic Center Drive
Roseville, MN 55113-1899
Dear Doug:
Enclosed is the signed easement in the Landry's matter.
Very truly yours,
-', . j ; I'
James A. IDueholm
JAD:levcd
Enclosures
cc: David Montgomery
William Fine
MI:418916.01
Minneapolis Denver Des Moines London Frankfurt
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JA.\!ES A. DUEHOLM
612/336-3] 34
FAEGRE & BENSON LLP
22t)tj :\OR\X"ES1' CE:-:TER, '!I) SOVH[ SE\ E"'1'H S1'KEET
.\ iI"''''E:\I'Ol.b. .\ 11",,,,ESUL\;54U2. ;91)[
1'1'1.1:1'11< ':-'1 612.336.3000
F,\(:'I~ll1.l. 612.336'3026
September 23, 1998
Douglas Strong
City of Roseville
2660- Civic Center Drive
Roseville, MN 55113~ 1899
Dear Doug:
Enclosed is the signed easement in the Landry's matter
Very truly yours,
James A. !;}ueholm
JAD:levcd
Enclosures
cc: David Montgomery
William Fine
~H:418916.01
Minneapolis Denver Des Moines London Frankfurt
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UTILITY/PONDING EASEMENT
03..]J..2~
THIS INDENTURE. made this --h day of September. 1998 by and between The Starlite Limited
Partnership ( a Minnesota limited pal1nership) or t he County offlcnncpin, Slale of Mil1Jlcsola party or 1 he
lirst part. and the CITY OF ROSEVILLE. Ramsey County. Minnesota, a municipal corporation. party of
the second part.
WITNESSETH: That in consideration of the sum of $1.00 and other valuable considerations in hand paid by
the said party of the second part. said party of the first pal1 do hereby grant and convey unto paqy of the
sL,;(ond P;II"1. il S SlU..:ccssors and assigns, a perpetual casemenl 1'01' 1IlHkrg1"l\lI nd sl \1rm sewer pipes across the
storm sewer C<1sement described below and a perpetual easement 1'1.11' storm water poncling and appurtenances
easement under. over and across the ponding easement described helm..'
I'nnding [asell1ent
That pm't of Lot 5, Block I, Venture 3rd Addition, Ramsey County, Minnesota, according to the plat
thereof on file or of record in the office of the Registt'I' of Deeds in and for sflid County and State,
lying Southe.lsterly of the following descrihed line: Commencing ;It the most Northerly comer of said
Lot 5; thcnt.c South 57 degrees 35 minutes 56 seconds East, assumed bearing along the Northeasterly
line of said Lot 5, a distance of 536.47 feet to the point of beginning of the line to be described; thence
South 32 degrees 19 minutes 25 seconds West, a distance of 126.74 feet to the Southerly lim' of saill Lot
::; and s;tid lill(' thl're tennin;lting~
ExceJ}ting then'fr'om the roadwflY eas('t11ent re('orded as Document Numher 2445662, in s:lid Ramsl'Y
County.
Storm Sewer Easement
All of the Northeasterly 30.00 feet of said Lot 5, except that part lying Northwesterly of the following
described line: Commencing at the most Northerly corner of said Lot 5; thence South :'7 degrees 3:'
minutes 56 seconds East, ;1ssumed be.1ring along the Northe;lsterly line OfS;lid Lot 5, a distance of
94.99 feet to the point of beginning of the line to be described; thence South 32 degrees 24 minutes 04
seconds \Vest, a distance of 30.0 feet, said line there terminating, and except that part lying
Southeasterly of the following desuibed line: Commencing at the most Northerly corner of said Lot :.:
thence South 57 degrees 35 minutes 56 seconds East, assumed be;ldng along the Northeasterly line of
said Lot 5, a distance of 536.47 feet to the point of beginning of the line to be described; thence South
32 degrees 19 minutes 25 seconds West, a distance of 3{1.0 feet and said line there termin:lting.
which easement shall include the perpetual rights or said City of Roseville. its successors or assigns, to
constnlct, m<1intain, operate and repair underground storm sewer pipes and storm water pond and
appurtenances under, over and across a strip nf!and hereinhefore described, together with perpetual casement
[4.)r ingress and egress, all without additional compensation.
TO HAVE AND TO HOLD THE SAi\IE, tog~ther with all the hereditaments and appurtenances thereu1l!o
belonging, or in any\vise appertaining, to the said party uf the s~cond part, its succeSSlHS and assigns. t'()re\"l~r.
IN TESTIMON'I' WllEllEOF, thi.; said parties of the first pan 11<\\'1..' hereunto set their hands the day and }'e~jr
first above written.
RETU RN TO
This instrument was (!I'aned by
the City of Rosevil1e, Minnesota
Engineering Division
2660 Civic Center Drive
Rosevil1e, Minnesota S5113
The Starlite Limited Partnership
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Fine Gent.:ral Partner
STATE OF Ml"N"NESOTA)
) SS
COUNTY OF ! IENNEPIN)
On this ~ day of September 1998, bdore me, a Notary Public, within and t~)r said COUllt)', persunall~'
Appeared William 1. Fine and
to personally known, \\ ho.
being each by me duly sworn did say that he is respectively the General Partner of the partnership named in
till: Ilncgoing instI"LII1lt:llt. and that said instrument was signed in hehalf of said partnership by authurity ot" ils
Bo,ird of Directors and said William I. Fine acknowledged said instrument to be the free act and deed of said
A PATRICIAM.LAM
"I. . ~ NoTARY PuslIC - MINNESOTA
, ~.': .:"~ HENNEPIN COUN1Y
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Notary Public.J~ County, !!L~.
partnership.
My commission expires:
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ADVERTISEMENT FOR BIDS
CITY OF ROSEVILLE
Roseville Center Site Renovation
1159 Larpenteur Avenue, City of Roseville, MN
Notice is hereby given that sealed bids will be received by G.A. Domino Construction,
acting on behalf of the City of Roseville, at the Roseville City Hall, Community
Development Department, 2660 Civic Center Drive, Roseville, until:
July 22, 1998, at 11 :00 a.m.
at which time bids will be publicly opened and read aloud, said bids to be for the furnishing
of all labor and materials to complete the following described local improvement under
Minnesota Statutes, Chapter 428, Special Service District:
Roseville Center Site Renovation:
* Site electrical
* Landscaping
* Earthwork
* Paving
Plans and Specifications as prepared by SteinDesign, may be seen at the offices of G.A.
Domino, St. Paul Building Exchange, F. W. Dodge, and Mpls Builders Exchange. Inquiries
regarding this should be directed to Gerry Domino, Construction Manager, at 784-7797,
Blaine, Minnesota. All sealed bids shall be made on the proposal form provided for that
purpose.
A pre-bid meeting has been scheduled for Monday, July 13, 1998 at 10:00 a.m. The
meeting will take place at the Roseville Center parking lot located on Lexington and
Larpenteur in Roseville, Minnesota.
Each bid shall be accompanied by a bidder's bond, certified check or cash deposit in an
amount equal to at least ten percent (10%) of the amount of the bid, which shall be
forfeited to the city in the event that the successful bidder fails to enter into a contract. The
City Council reserves the right to retain the deposits of the three (3) lowest bidders for a
period not to exceed sixty (60) days after the date and time set for the opening of bids.
Contractors desiring a copy of the Proposal Form, Plans and Specifications may obtain
them from the office of G. A. Domino Construction upon payment of a DEPOSIT OF $15
ALL OF WHICH WILL BE REFUNDED TO ALL PLAN HOLDERS, LESS POSTAGE AND
HANDLING, providing such plans and specifications are returned in good condition within
thirty (30) days after the date set for the opening of bids. No money will be refunded to any
persons who obtains plans and specifications and does not return the complete set of
plans and specifications to the OWNER.
Sealed bids should be directed to G. A. Domino Construction at 9175 Davenport Street,
Blaine, Minnesota 55449, securely sealed and endorsed upon the outside wrapper with
a brief summary as to the work for which the bid is made.
The City Council reserves the right to reject any and all bids; to waive irregularities and
informalities therein and the right to award the contract in the best interest of the city, Bids
arriving after the designated time will be returned unopened. No bidder may withdraw his
bid within sixty (60) days after the scheduled closing time for receipt of bids.
G.A. Domino Construction
9175 Davenport Street
Blaine, Minnesota 55449
on behalf of the City of Roseville, Minnesota
M:\ECONDEV\ADVBID.BRA
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EASEMENT NO. ONE
THIS INDENTURE, Made this, 30 day of July 1979, by
----- ----~-_/;
and between FINE ASSOCIATES INCORPORATE~'a-corpora~1on under the
laws of the State of Minnesota, party of the first part, and the
CITY OF ROSEVILLE, Ramsey County, Minnesota, a municipal corpora-
tion/ party of the second part,
WITNESSETH: That in consideration of the sum of $1.00 in
hand paid by the said party of the second part, the receipt whereof
is hereby acknowledged by the party of the first part, said party
of the first part does hereby give and grant unto party of the
second part, its successors and assigns a perpetual non-exclusive
easement for ponding and underground utility mains, pipes and
appurtenances under and across the following described property
in Ram~ey County, Minnesota:
-.......
Beginning at the Northwest corner of Lot 2/ Block 2,
Venture Addition; thence Southeasterly along a curve
having a central angle of 61 degrees/aD minutest 00
~2~oTIds and a radius of 441.97 feet. a distance of
290 feet; thence Northeasterly to a point. said point
being 310 feet Southeasterly of the Northwest corner
of said Lot 2 and 15 feet measured perpendicular to
the Northerly lot line of said Lot 2; thence South-
easterly parallel with said Northerly lot line 72
feet; thence Northeasterly to a point on said Northerly
lot line 375 feet Southeasterly of the point of
beginning; thence Northwesterly along said Northerly
lot line to the point of beginning, and there
terminating.
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which easement shall include perpetual right of said City of
Roseville, its successors or assigns, to construct, maintain,
operate and repair underground utility mains, pipes and
appurtenances over and across a strip of land hereinbefore
aescriried, together witl! t->eL'p~i.:.udl 8<...::'~L'I\".d:. [':;'i" L'~g:c~,;.s .:;.;....:i
egress, all without additional compensation.
TO HAVE AND TO HOLD THE SAME, Together with all the heredi-
taments and appurtenances thereunto belonging, or in anywise
appertaining, to the said party of the second part, its successors
and assigns, Forever.
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