HomeMy Public PortalAbout1992-041Exhibit J Project 19053-A
6-16-92 #7
Member M170 ( introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 92-41
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
AND ACQUISITION OF REAL PROPERTY
WHEREAS, the City of Medina ("City") is a municipal corporation and
subdivision of the State of Minnesota organized and operating under Minnesota law,
as amended, and is authorized by Minn. Stat. § 412.211 to acquire real estate by
exercising the power of eminent domain under and pursuant to Minn. Stat. , Ch. 117;
WHEREAS, the City Council finds that its citizens and property owners desire
that the City provide sanitary sewer facilities to meet the demands of its citizens and
property owners for safe, sanitary and convenient disposal of industrial waste,
municipal wastes and sanitary sewage;
WHEREAS, several businesses located on properties within the City which are
not presently served by City sanitary sewer have experienced on -site sewage
disposal system problems;
WHEREAS, the City has incurred substantial inflow and infiltration (I/I) of
groundwater and/or surface water into its sewage disposal system and is obliged to
eliminate the sources of a substantial amount of this I / I in order to maintain and
operate an effective sewage disposal and treatment system;
WHEREAS, both such problems are a threat to the public health and welfare
of the City and its residents;
WHEREAS, the Replacement Sewer proposed by Bonestroo, Rosene, Anderlik
& Associates ("City Engineer") in its report entitled "Report for Hamel Service Area
Trunk Sanitary Sewer Improvements, Medina, Minnesota, 1992, File 19053"
RJL37101
ME230-153
1
("Engineer's Report") would eliminate both the on -site sewer disposal problems and
approximately 20% of the sources of 1/1 and facilitate the operation and maintenance
of an effective sewage disposal and treatment system within affected portions of the
City;
WHEREAS, the City Comprehensive Plan ("Comprehensive Plan") contemplates
the extension of sanitary sewer to serve certain proposed future areas of residential
development which are identified therein;
WHEREAS, if constructed, the sewer described in the Engineer's Report would
enable development of certain of the proposed future areas of residential
development previously identified by the City Council in the Comprehensive Plan;
WHEREAS, the various factual statements of the City Engineer in the
Engineer's Report are hereby found and determined by the City Council to be true;
WHEREAS, it is reasonable, convenient, necessary and desirable in order to
protect and promote the public health and welfare, for the City to construct and
operate the Replacement Sewer in accordance with the Engineer's Report;
WHEREAS, the City deems it reasonable, convenient, necessary and desirable
to acquire easements and real estate at this time which are both sufficient to enable
the immediate construction and operation of the Replacement Sewer and to thereafter
cause, suffer or permit the construction of any other utilities within said easements
and real estate as the City may elect, in order to serve properties within the City,
including but not limited to water distribution and treatment and electric, natural
gas , telephone or cable television lines ;
WHEREAS, the Easements hereinafter described, and burdening or being land
located in the City of Medina, County of Hennepin, State of Minnesota, have been
identified by the City Engineer and the City Attorney as being required in order for
the City to construct the Replacement Sewer ( "Easements" as hereinafter indicated) :
RJL37101
ME230-153
2
Parcel Twenty One:
(PIN 11-118-23-41-0006) (West Creek Building)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 4, except the West 30 feet of Lot 4 as measured at right angles from the most
Westerly line of Lot 4, Block 1, Medina Creekside Addition.
According to the map or plat thereof on file in the Office of the Registrar of Titles,
Hennepin County, Minnesota.
Said easement is centered on the following described line ( "Line A") :
Commencing at a point on the West line of Section 12, Township 118, Range 23,
which is 633.09 feet South of the West Quarter Corner of said Section 12 as
measured along said West line; thence South 87 degrees 14 minutes 51 seconds
West a distance of 409.57 feet; thence North 64 degrees 02 minutes 52 seconds
West a distance of 158.23 feet; thence North 23 degrees 01 minutes 36 seconds
West a distance of 272.23 feet to the actual point of beginning of the line to be
described; thence North 14 degrees 57 minutes 16 seconds West a distance of
344.52 feet to a point on the South line of the Northeast Quarter of Section 11
which is 758.74 feet West of said West Quarter Corner as measured along said
South line and there terminating.
Together with a temporary easement for construction purposes over, under and
across the Westerly 30 feet of that part of the above described property which lies
within 45 feet Westerly of the above described Line A.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording. The side lines of said easements are extended or
shortened to terminate on the South and North lines of said property.
Being Registered Land, as is evidenced by Certificate of Title No. 628873.
Parcel Twenty Two:
(PIN 11-118-23-41-0007) (West Creek Building)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 5, Block 1, Medina Creekside Addition, according to the recorded plat thereof
on file and of record in the office of the Registrar of Titles, Hennepin County,
Minnesota.
Said easement is centered on the following described line ( "Line A") .
Commencing at a point on the West line of Section 12, Township 118, Range 23,
which is 633.09 feet South of the West Quarter Corner of said Section 12 as
measured along said West line; thence South 87 degrees 14 minutes 51 seconds
West a distance of 409.57 feet; thence North 64 degrees 02 minutes 52 seconds
West a distance of 158.23 feet; thence North 23 degrees 01 minutes 36 seconds
West a distance of 272.23 feet to the actual point of beginning of the line to be
described; thence North 14 degrees 57 minutes 16 seconds West a distance of
344.52 feet to a point on the South line of the Northeast Quarter of Section 11
RTL37101
ME230-153
3
which is 758.74 feet West of said West Quarter Corner as measured along said
South line and there terminating.
Together with a temporary easement for construction purposes over, under and
across the Westerly 30 feet of that part of the above described property which lies
within 45 feet Westerly of the above described Line A.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording. The side lines of said easements are extended or
shortened to terminate on the South and North lines of said property.
Registered Property, as evidenced by Certificate of Title No. 628873.
Parcel Twenty Three:
(PIN 11-118-23-41-0008) (West Creek Building, a partnership composed of Ronald
M. Jorgenson, Clyde Jorgenson and Harold DeBoer)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 6, Block 1, Medina Creekside Addition, according to the recorded plat thereof
on file and of record in the office of the Registrar of Titles, Hennepin County,
Minnesota.
Said easement is centered on the following described line ( "Line A") :
Commencing at a point on the West line of Section 12, Township 118, Range 23,
which is 633.09 feet South of the West Quarter Corner of said Section 12 as
measured along said West line; then South 87 degrees 14 minutes 51 seconds
West a distance of 409.57 feet; thence North 64 degrees 02 minutes 52 seconds
West a distance of 158.23 feet; thence North 23 degrees 01 minutes 36 seconds
West a distance of 272.23 feet to the actual point of beginning of the line to be
described; thence North 14 degrees 57 minutes 16 seconds West a distance of
344.52 feet to a point on the South line of the Northeast Quarter of Section 11
which is 758.74 feet West of said West Quarter Corner as measured along said
South line and there terminating.
Together with a temporary easement for construction purposes over, under and
across the Westerly 30 feet of that part of the above described property which lies
within 45 feet Westerly of the above described Line A.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording. The side lines of said easements are extended or
shortened to terminate on the South and North lines of said property.
Registered Property, as evidenced by Certificate of Title No. 573032.
Parcel Twenty Four:
(PIN 11-118-23-41-0015) (Terry L. Geffre)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Tract G, Registered Land Survey No. 496, according to the map or plat thereof on
RJL37101
ME230-153
4
file and of record in the Office of the Registrar of Titles, Hennepin County,
Minnesota.
Registered Property, as is evidenced by Certificate of Title No. 590573.
Said easement is centered on the following described line ("Line A") :
Commencing at a point on the West line of Section 12, Township 118, Range 23,
which is 633.09 feet South of the West Quarter Corner of said Section 12 as
measured along said West line; then South 87 degrees 14 minutes 51 seconds
West a distance of 409.57 feet; thence North 64 degrees 02 minutes 52 seconds
West a distance of 158.23 feet; thence North 23 degrees 01 minutes 36 seconds
West a distance of 272.23 feet to the actual point of beginning of the line to be
described; thence North 14 degrees 57 minutes 16 seconds West a distance of
344.52 feet to a point on the South line of the Northeast Quarter of Section 11,
Township 118, Range 23, which is 758.74 feet West of said West Quarter
Corner as measured along said South line and there terminating, according to
the government survey thereof.
Together with a temporary easement for construction purposes over, under and
across the Westerly 30 feet of that part of the above described property which lies
within 45 feet Westerly of the above described Line A.
Together with a temporary easement for construction purposes over, under and
across the Easterly 40 feet of that part of the above described property which lies
within 55 feet Easterly of the above described Line A.
Said temporary easements shall expire automatically on November 1, 1993, without
the need for further recording. The side lines of said easements are extended or
shortened to terminate on the South. and North lines of said property.
Parcel Twenty Five:
(PIN 11-118-23-41-0002) (Gary L. Boster)
A temporary easement for construction purposes over, under and across the South
20 feet of that part of the East 200 feet of the East 1/2 of the Southeast Quarter of
Section 11, Township 118 North, Range 23 West of the fifth principal meridian, lying
Northerly of a line drawn parallel to and distant 333 feet Southerly of and as
measured at right angles from the center line of the Rockford Road, also known as
County Road No. 9, and lying Southerly of a line drawn parallel to and distant 183
feet Southerly of and measured at right angles from the center line of the Rockford
Road, according to the United States Government Survey thereof, Hennepin County,
Minnesota.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording.
RJL 3 7 10 1
ME230-153
5
Parcel Twenty Six:
(PIN 11-118-23-44-0001) (Donald Laurent)
A perpetual easement for utility purposes 30 feet in width, over, under and across
that part of the Northeast 1/4 of the Southeast 1/4 of Section 11, Township 118,
Range 23, lying Southerly of Hamel Road.
Said easement is centered on the following described line ( "Line A") :
Beginning at a point on the West line of Section 12, Township 118, Range 23,
which is 633.09 feet South of the West Quarter Corner of said Section 12 as
measured along said West line; then South 87 degrees 14 minutes 51 seconds
West a distance of 409.57 feet; thence North 64 degrees 02 minutes 52 seconds
West a distance of 158.23 feet; thence North 23 degrees 01 minutes 36 seconds
West a distance of 272.23 feet and there terminating.
Together with a temporary easement for construction purposes over, under and
across the Southerly and Southwesterly 50 feet of that part of the above described
property which lies within 65 feet Southerly and Southwesterly of the above
described Line A.
Together with a temporary easement for construction purposes over, under and
across the Northerly and Northeasterly 40 feet of that part of the above described
property which lies within 55 feet Northerly and Northeasterly of the above
described Line A.
Said temporary easements shall expire automatically on November 1, 1993, without
the need for further recording. The side lines of said easements are extended or
shortened to terminate on the East and North lines of said property.
According to the United States Government Survey thereof, Hennepin County,
Minnesota.
Parcel Twenty Seven:
(PIN 12-118-23-32-0002) (Roger Kullander; Gary L. Boster)
A perpetual easement for utility purposes 30 feet in width, over, under and across:
Tract A - That part of the North 412.5 feet of Lot 11, Auditor's Subdivision
Number 241, Hennepin County, lying West of the East line of Lot 9 of
said Auditor's Subdivision, extended South through said Lot 11;
AND
Tract B - Lot 9, Auditor's Subdivision Number 241, Hennepin County, Minnesota,
EXCEPT that part thereof described as follows: Commencing at a point
where the East line of said Lot 9 intersects the centerline of County
Road Number 9, said point being distant 1091.5 feet North from the
Southeast corner of said Lot 9; thence Southwesterly a distance of 125
feet along said centerline; thence South parallel with the East line of
RJL37101
ME230-153
said Lot 9 a distance of 348.5 feet; thence Northeasterly parallel with
the centerline of said County Road Number 9 a distance of 125 feet to
the East line of said Lot 9; thence North to the point of beginning, AND
FURTHER; EXCEPTING that part thereof platted as Elm Creek Heights.
Said easement is centered on the following described line ( "Line A") :
Commencing at a point on the West Quarter Corner of Section 12, Township
118, Range 23, thence East a distance of 817.15 feet; thence South 510.57 feet
to the center of an existing sanitary sewer manhole; thence South 25 degrees
26 minutes 44 seconds East a distance of 17.84 feet; thence South 68 degrees
12 minutes 01 seconds West a distance of 202.22 feet to the actual point of
beginning of the line to be described; thence South 87 degrees 14 minutes 51
seconds West a distance of 649.79 feet to a point on the West line of said
Section 12 which is 633.09 feet South of said West Quarter Corner as measured
along said West line and there terminating.
Together with a temporary easement for construction purposes over, under and
across the Southerly 50 feet of that part of the above described property which lies
within 65 feet Southerly of the above described Line A.
Together with a temporary easement for construction purposes over, under and
across the Northerly 20 feet of that part of the above described property which lies
within 35 feet Northerly of the above described Line A.
Said temporary easements shall expire automatically on November 1, 1993, without
the need for further recording. The side lines of said easements are extended or
shortened to terminate on the East and West lines of said property.
Abstract Property.
Parcel Twenty Eight:
(PIN 12-118-23-32-0001) (Timothy C. Hoover)
A temporary easement for construction purposes over, under and across the South
20 feet of that part of Lot 9, "Auditor's Subdivision No. 241, Hennepin County,
Minnesota, described as follows: Commencing at a point where the East line of Lot
9 extended North intersects the center line of County Road No. 9, said point being
1091.5 feet North of the Southeast corner of said Lot 9; thence Southwesterly 125.0
feet along the center line of said road; thence South parallel with the East line of
said Lot 9, 348.5 feet; thence Northeasterly parallel with the center line of said
County Road No. 9, a distance of 125.0 feet to the East line of said Lot 9; thence
North to the point of beginning, according to the plat thereof on file or of record in
the office of the County Recorder, Hennepin County, Minnesota.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording.
Abstract Property.
RJL37101
ME230-153
7
Parcel Twentx Nine:
(PIN 12-118-23-32-0004) (Metropolitan Waste Control Commission)
A perpetual easement for utility purposes 30 feet in width, over, under and across:
Tract A -
The West 755 feet of that part of Lot 11, Auditor's Subdivision Number
241, Hennepin County, Minnesota, which lies East of the Southerly
extension of the West line of Lot 10, in said Auditor's Subdivision, and
North of the North line of Hunter's Farm Addition;
Tract B - The South 187.5 feet of Lot 10;
Tract C - The West 390 feet of the North 525 feet of the South 912.5 feet of Lot 10;
and
Tract D -
The East 60 feet of that part of Lot 10 lying West of a line drawn parallel
with the 232.5 feet East from the West line of Lot 10 and its Northerly
extension, which lies North of the South 912.5 feet of Lot 10;
All in Auditor's Subdivision Number 241, Hennepin County, Minnesota, according
to the recorded plat thereof .
Said easement is centered on the following described line ( "Line A") :
Commencing at a point on the West Quarter Corner of Section 12, Township
118, Range 23, thence East a distance of 817.15 feet; thence South 510.57 feet
to the center of an existing sanitary sewer manhole and the actual point of
begi- ning of the line to be described; thence South 25 degrees 26 minutes 44
seconds East a distance of 17.84 feet; thence South 68 degrees 12 minutes 01
seconds West a distance of 202.22 feet to a point on the West line of said
property and there terminating.
Together with a temporary easement for construction purposes over, under and
across the Northeasterly and Southeasterly 50 feet of that part of the above
described property which lies within 65 feet Northeasterly and Southeasterly of the
above described Line A.
Together with a temporary easement for construction purposes over, under and
across the Northwesterly 20 feet of that part of the above described property which
lies within 35 feet Northwesterly of the above described Line A.
Said temporary easements shall expire automatically on November 1, 1993, without
the need for further recording. The side lines of said easements are extended or
shortened to terminate on the West lines of said property.
Registered Property,, as evidenced by Certificate of Title No. 645666.
WHEREAS, the acquisition, construction, operation, maintenance and
reconstruction of an adequate sewage collection, disposal and treatment system, and
RJL37101
ME230-153
8
other public utility facilities and improvements, are necessary and convenient for the
promotion of the public health and welfare of the City and its residents;
WHEREAS, City staff members have been unsuccessful in their efforts to
acquire the Easements by negotiation upon terms and conditions acceptable to the
City.
WHEREAS, said Easements shall include the right of access, the right to clear
the surface of herbage and improvements, and the rights to construct, operate,
maintain, repair, monitor, inspect and reconstruct utility improvements, lines,
facilities and appurtenances from time to time, within the foregoing easement tracts.
NOW, THEREFORE, be it resolved by the City Council of the City of Medina:
1. The City Council hereby finds the Easements to be suitable, necessary,
convenient and reasonable to acquire for public purposes to serve the needs of the
citizens and property owners of the City. Pursuant to and in accordance with said
Minnesota Statutes, Chapter 117, the City Council further finds that it is in the
public interest to authorize and direct the acquisition of the Easements for the
operation, maintenance and reconstruction of an efficient system for the collection,
disposal and treatment of sewage in accordance with the Engineer's Report, from time
to time.
2. It is found desirable, reasonable, necessary and convenient, and for
a public purpose, for the City to acquire the Easements by eminent domain
proceedings in accordance with the provisions of Minnesota Statutes, Chapter 117,
including the early transfer of title and possession of the Easements under Minn.
Stat. § 117.042.
3. At such time as he is satisfied that he cannot negotiate a voluntary
purchase of the Easements on behalf of the City, using diligent efforts, the City
R7L37101
ME230-153
9
Attorney is authorized and directed to acquire the Easements by use of eminent
domain proceedings pursuant to this resolution.
Dated. /(' , 1992.
ATTEST:
/(er2i/W
ra L. Monr6er, Acting Clerk -Treasurer
•
Gary M `Acromite, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in
favor thereof : -rive5 i IKIf me /6 f rorri "L,'
and the following voted against same: 00/1,(9
gl >tO-(h , soktijr r.
Whereupon said resolution was declared duly passed and adopted.
RJL37101
ME230-153
10