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HomeMy Public PortalAbout1992-042Exhibit O Project 19053-B 6-16-92 #9 Member f( I ��_���( �introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 92-42 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 T . H .55 Sewer proposed by Bonestroo, Rosene, Anderlik & Associates ("City Engineer") in its report entitled "Report for Hamel Service Area RJL37099 ME230-153 1 Trunk Sanitary Sewer Improvements, Medina, Minnesota, 1992, File 19053" ("Engineer's Report") would eliminate both the on -site sewer disposal problems and approximately 20% of the sources of I / I 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 T . H . 55 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 T . H . 55 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 and Fee Taking 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 RJL37099 ME230-153 2 being required in order for the City to construct the T . H . 55 Sewer ( "Easements" and "Fee Taking", respectively, as hereinafter indicated) : Parcel Two: (PIN 11-118-23-13-0001) (W.W. Farm) A perpetual easement for utility purposes 25 feet in width, over, under and across the following described property: Par 1: Par 2: Par 3: Par 4: The Southwest Quarter of the Northeast Quarter, except that part thereof lying North of the Southwesterly right-of-way line of the Minneapolis, St. Paul & Sault Ste. Marie Railroad Company. The Southeast Quarter of the Northwest Quarter, except the West 146 feet of the East 288 5/6 feet of the South 101.2 feet thereof , and except that part described as beginning at the Northwest corner of the Southeast Quarter of the Northwest Quarter; thence East along the North line thereof to a point 1,485 feet East of the Northwest corner of the South half of the Northwest Quarter; thence South parallel to the West line of the South half of the Northwest Quarter a distance of 528 feet; thence West parallel to said North line to an intersection with the West line of the Southeast Quarter of the Northwest Quarter; thence North to the point of beginning. That part of the East half of the Northeast Quarter of the Southwest Quarter lying North of the center line of Rockford Road, except the West 146 feet of the East 288 5/6 feet thereof. The West half of the West half of the Southeast Quarter; except that part of said West half of the West half of the Southeast Quarter described as follows: Beginning at a point where the East line of said West half of the West half of the Southeast Quarter intersects at center line of County Road No. 9 (Rockford Road) , said point being distant 250.35 feet South of the Northeast corner thereof; thence Westerly along said center line a distance of 198.0 feet; thence South parallel with said East line a distance of 273.6 feet; thence Easterly parallel with said center line a distance of 198.0 feet to said East line; thence North along said East line a distance of 273.6 feet to the point of beginning, all in Section 11, Township 118, Range 23, according to the Government Survey thereof, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 710067. Said easement lies parallel with, is 10 feet Northeasterly of, and is 15 feet Southwesterly of the following described line ( "Line A") : RJL37099 ME230-153 3 Commencing at the Northeast Corner of the Southwest Quarter of the Northeast Quarter of Section 11, Township 118, Range 23; thence south along the east line of said Southwest Quarter of the Northeast Quarter to the intersection with the south right-of-way line of the Soo Line Railroad; thence continuing south along said east line a distance of 711.36 feet to the point of beginning of the line to be described; thence North 42 degrees 56 minutes West a distance of 299.90 feet; thence North 09 degrees 16 minutes West to a point on the south right-of-way line of the Soo Line Railroad and there terminating. According to the map or plat thereof on file and of record in the Office of the Registrar of Titles, Hennepin County, Minnesota. Together with a perpetual easement for utility purposes over, under and across the Southwesterly 35 feet of that part of the above described property which lies within 50 feet of the South right-of-way line of the Soo Line Railroad and lies Westerly of the above described Line A. Together with a temporary easement for construction purposes over, under and across: (a) the Westerly 50 feet of that part of the above described property which lies within 65 feet of the above described Line A; and (b) the Southwesterly 50 feet of that part of the above described property which lies within 100 feet of the South right-of-way line of the Soo Line Railroad and lies Westerly 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 North and East lines of said property. Parcel Three: (PIN 02-118-23-43-0001) (Emil J. Jubert) The taking in fee simple ("Fee Taking") of the following described property: That part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 118, Range 23, lying Southwesterly of the right-of-way of the Minneapolis, St. Paul and Sault St. Marie Railway Company, according to the United States Government Survey thereof, Hennepin County, Minnesota. Abstract Property Together with adjacent streets and alleys, vacated or to be vacated. Parcel Four: (PIN 11-118-23-21-0005) (MHL Holdings, Inc.) A perpetual easement for utility purposes over, under and across that part of the following described property which lies within 50 feet of the South right-of-way line of the Soo Line Railroad, to wit: RJL 37 09 9 ME230-153 4 That part of the Northeast Quarter of the Northwest Quarter of Section 11, Township 118, Range 23 lying Southerly of the 100 foot right-of-way of the Minneapolis, St. Paul and Sault St. Marie Railroad Company, according to the United States Government Survey thereof, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 746739. Together with a temporary easement for construction purposes over, under and across the Southwesterly 50 feet of that part of the above described property which lies within 100 feet of the South right-of-way line of the Soo Line Railroad. Said temporary easement shall expire automatically on November 1, 1993, without the need for further recording. Parcel Five: (PIN 11-118-23-22-0002) (MHL Holdings, Inc. ; Mannix Construction, Inc. ; Loram Maintenance of Way, Inc. ) A perpetual easement for utility purposes 30 feet in width, over, under and across the Northwest Quarter of the Northwest Quarter, Section 11, Township 118, Range 23, except that part thereof lying North of the Southwesterly right-of-way line of the Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, and except the South 250 feet of said Northwest Quarter of the Northwest Quarter. According to the map or plat thereof on file and of record in the Office of the Registrar of Titles in and for Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 513062. Said easement is centered on the following described line ("Line A") : Commencing at the Northwest Corner of Section 11, Township 118, Range 23; thence East along the North line of Section 11 a distance of 399.17 feet; thence South parallel with the West line of Section 11 a distance of 138.61 feet to a point on the South right-of-way line of the Soo Line Railroad and the actual point of beginning of the line to be described; thence South 69 degrees 42 minutes 26 seconds West a distance of 178.85 feet; thence South 88 degrees 45 minutes 51 seconds West a distance of 282.67 feet and there terminating. Together with a perpetual easement for utility purposes over, under and across that part of the above described property which lies within 50 feet of the South right-of- way line of the Soo Line Railroad and lies Southeasterly of the above described Line A. Together with a temporary easement for construction purposes 100 feet in width, over, under and across the above described property. Said easement lies within 55 Feet Northerly and 45 feet Southerly of the above described Line A, excluding the strip of property 30 feet in width centered on the above described Line A. Together with a temporary easement for construction purposes over, under and across the Southwesterly 50 feet of that part of the above described property which 3.7L37099 11E230-153 5 lies within 100 feet of the South right-of-way line of the Soo Line Railroad and lies Southeasterly 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, East and Northerly lines of said property. Parcel Six: (PIN 03-118-23-43-0001) (Marcella T. Jordan; Norbert Laurent and Angela V. Triplett) A perpetual easement for utility purposes over, under and across the East 35 feet of the North 224 feet of the following described property and that part of the following described property which lies within 50 feet of the South right-of-way line of the Soo Line Railroad, to wit: All that part of the South half of the Southeast Quarter of Section 3, Township 118, Range 23 West of the Fifth Principal Meridian lying Southerly of the right-of-way of the Minneapolis and Pacific Railway Company, according to the United States Government Survey thereof, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 519872. Together with a temporary easement for construction purposes over, under and across the West 40 feet of the East 75 feet of the North 224 feet and the East 75 feet of the South 40 feet of the North 264 feet of the above described property and the Southwesterly 50 feet of that part of the above described property which lies within 100 feet of the South right-of-way line of the Soo Line Railroad. Said temporary easement shall expire automatically on November 1, 1993, without the need for further recording. Parcel Seven: (PIN 10-118-23-11-0002) (Marcella T. Jordan; Norbert Laurent and Angela V. Triplett) A perpetual easement for utility purposes over, under and across that part of the following described property which lies within 50 feet of the South right-of-way line of the Soo Line Railroad, to wit: The Northeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 23 West, except the South 290.6 feet of the North 625.6 feet of the East 183 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Registered Property, as evidenced by Certificate of Title No. 519872. Together with a temporary easement for construction purposes over, under and across the Southwesterly 50 feet of that part of the above described property which lies within 100 feet of the South right-of-way line of the Soo Line Railroad. RJL37099 ME230-153 6 Said temporary easement shall expire automatically on November 1, 1993, without the need for further recording. Parcel Nine: (PIN 03-118-23-32-0005) (Foss-Demarais Partnership; Midland Nursery, Inc. ) A perpetual easement for utility purposes over, under and across that part of the following described property which lies within 25 feet of the South right-of-way line of the Soo Line Railroad, to wit: That part of the Northwest Quarter of the Southwest Quarter of Section 3, Township 118, Range 23, lying Southerly of State Trunk Highway 55, except that part taken for the Soo Line Railroad, according to the United States Government Survey thereof, Hennepin County, Minnesota. According to the map or plat thereof on file and of record in the Office of the County Recorder. Abstract Property. Together with a temporary easement for construction purposes over, under and across the Southwesterly 50 feet of that part of the above described property which lies within 75 feet of the South right-of-way line of the Soo Line Railroad. Said temporary easement shall expire automatically on November 1, 1993, without the need for further recording. Parcel Ten: (PIN 04-118-23-41-0003) (State of Minnesota) A perpetual easement for utility purposes over, under and across that part of the following described property which lies within 25 feet of the South right of way line of the Soo Line Railroad, to wit: All that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 118, Range 23, lying East of Willow Drive and South of the Soo Line Railroad Right of Way, and that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 118, Range 23, described as follows, to -wit: Beginning at the point of intersection of the Easterly Right of Way line of Willow Drive and the Northerly line of the Southeast Quarter of the Southeast Quarter; thence East along the Northerly line of said Southeast Quarter of the Southeast Quarter a distance of 500 feet; thence Southerly on a line parallel with the East line of said Section 4, a distance of 65 feet; thence Westerly on a line parallel with the North line of said Southeast Quarter of the Southeast Quarter to the Easterly Right of Way Line of Willow Drive; thence Northerly along said Right of Way line of Willow Drive to the point of beginning. According to the United States Government Survey thereof, Hennepin County, Minnesota. 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 75 feet of the South right-of-way line of the Soo Line Railroad. RJL37099 ME230-153 7 Said temporary easement shall expire automatically on November 1, 1993, without the need for further recording. Abstract Property. Parcel Eleven: (PIN 04-118-23-42-0007) (Medina Industrial Parks) A perpetual easement for utility purposes over, under and across the North 25 feet of the East 30 feet of that part of the North 1/2 of the Southeast Quarter of Section 4, Township 118, Range 23, lying Westerly of Willow Drive and South of Soo Line Railroad Right of Way, according to the United States Government Survey thereof, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under and across the North 75 feet of the East 80 feet, excluding the North 25 feet of the East 30 feet, of the above described property. Said temporary easements shall expire automatically on November 1, 1993, without the need for further recording. Abstract Property. Parcel Twelve: (PIN 04-118-23-41-0002) (Wright -Hennepin Co-operative Electric Association) A perpetual easement for utility purposes 30 feet in width, over, under and across that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 118, Range 23, lying Southerly of the Southerly Right of Way line of State Highway No. 55, and lying Northerly of the Northerly Right of Way line of the Soo Line Railroad, and lying Easterly of the center line of the Township Road, according to the United States Government Survey thereof, Hennepin County, Minnesota. Said easement is centered on the following described line ( "Line A") : Beginning at a point which is 676.57 feet South and 665.00 feet West of the East Quarter Corner of Section 4, Township 118, Range 23; thence North 00 degrees 49 minutes 10 seconds West to the intersection with the South right-of-way line of State Highway 55 and there terminating. Together with a temporary easement for construction purposes 100 feet in width, over, under and across the above described property. Said easement lies within 65 feet Westerly and 35 feet Easterly of the above described Line A, excluding the strip of property 30 feet in width centered on the above described Line A. Together with a perpetual easement for utility purposes over, under and across that part of the above described property which lies within 25 feet of the South right-of- way line of State Highway 55 and lies Northwesterly of the above described Line A. RJL37099 ME230-153 8 Together with a temporary easement for construction purposes over, under and across the Southwesterly 10 feet of that part of the above described property which lies within 35 feet of the South right-of-way line of State Highway 55 and lies Northwesterly of the above described Line A. Together with a temporary easement for construction purposes over, under and across the Southwesterly 20 feet of that part of the above described property which lies within 55 feet of the South right-of-way line of State Highway 55 and lies within 356 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 Southerly and Northerly lines of said property. Abstract Property. Parcel Thirteen: (PIN 04-118-23-41-0001) (Larry L. Pribyl and Robert J. Muller) A perpetual easement for utility purposes 30 feet in width, over, under and across all that part of the Southeast Quarter of Section 4, Township 118, Range 23, lying Northeasterly of State Highway No. 55, according to the United States Government Survey thereof, Hennepin County, Minnesota. Said easement is centered on the following described line: Beginning at a point which is 451.54 feet South and 668.02 feet West of the East Quarter Corner of Section 4, Township 118, Range 23; thence North 23 degrees 13 minutes 53 seconds East a distance of 209.84 feet and there terminating. Together with a temporary easement for construction purposes 100 feet in width, over, under and across that part of the above described property which lies within 65 feet Northwesterly and 35 feet Southeasterly of the following described line, excluding the above described perpetual easement. Beginning at a point which is 451.54 feet South and 668.02 feet West of the East Quarter Corner of Section 4, Township 118, Range 23; thence North 23 degrees 13 minutes 53 seconds East a distance of 259.84 feet and there terminating. 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 Southerly line of said property. Abstract Property. Parcel Fifteen: (PIN 04-118-23-13-0003) (A&P Partnership) RJL37099 ME230-153 9 A perpetual easement for utility purposes 20 feet in width, over, under and across the West 631 feet of the East 664 feet of that part of the West half of the Northeast Quarter of Section 4, Township 118, Range 23 which lies South of the North 1343 feet of said West half of the Northeast Quarter and lies Northerly of State Highway No. 55. Said easement is centered on the following described line ( "Line A") : Beginning at a point which is 15.28 feet South and 1528.68 feet West of the East Quarter Corner of Section 4, Township 118, Range 23; thence North 28 degrees 25 minutes 11 seconds East to the intersection with the West right-of-way line of Willow Drive and there terminating. Together with a perpetual easement for utility purposes over, under and across that part of the above described property which lies within 15 feet of the West right-of- way line of Willow Drive and lies within 350 feet Northerly of the above described Line A. 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 of the West right-of-way line of Willow Drive and lies within 370 feet Northerly of the above described Line A. Together with a temporary easement for construction purposes over, under and across that part of the above described property which lies Southwesterly of a line drawn 40 feet Northwesterly of and parallel with the above described Line A, excluding the above described perpetual easements. 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 Southerly and Easterly lines of said property. According to the United States Government Survey thereof, Hennepin County, Minnesota. Parcel Sixteen: (PIN 04-118-23-42-0003) (Highway 18 & 55 Properties, a Limited Partnership) A perpetual easement for utility purposes over, under and across that part of the following described real estate which lies within 25 feet of the South right of way line of State Highway 55, to wit: Lot 2, Block 1, Medina Parks Addition and Outlots A and C, Medina Parks Addition, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under and across the Southwesterly 30 feet of that part of the above described property which lies within 55 feet of the South right-of-way line of State Highway 55. Said temporary easement shall expire automatically on November 1, 1993, without the need for further recording. RJL37099 ME230-153 10 Abstract Property. Parcel Seventeen: (PIN 04-118-23-13-0002) (Medina Land Corporation of St. Louis Park) A perpetual easement for utility purposes 20 feet in width, over, under and across the following described property: All of the Southwest 1/4 of the Northeast 1/4 of Section 4, Township 118 North, Range 23, West of the 5th Principal Meridian, lying Southwesterly of the Southwesterly right of way line of State Highway Number 55, except that part thereof lying Southeasterly of a line running from a point on the said Southwesterly right of way line of State Highway Number 55 distant 300 feet Northwesterly from its intersection with the South line of the said Southwest 1/4 of the Northeast 1/4 to a point on the South line of the Southwest 1/4 of the Northeast 1 /4 distant 802.15 feet East of the Southwest corner of the said Southwest 1/4 of the Northeast 1/4. Said easement is centered on the following described line ( "Line A") : Beginning at a point on the South right-of-way line of State Highway 55 which is 167.83 feet Northeasterly of the Southeast corner of said property; thence South 77 degrees 11 minutes 55 seconds West a distance of 370.79 feet to a point on the South line of said property which is 509.11 feet West of said Southeast corner and there terminating. Together with a perpetual easement for utility purposes over, under and across that part of the above described property which lies within 25 feet of the South right-of- way line of State Highway 55 and lies Southeasterly of the above described Line A. Together with a perpetual easement for utility purposes over, under and across the South 30 feet of the above described property which lies West of the above described Line A. Together with a temporary easement for construction purposes 90 feet in width, over, under and across the above described property. Said easement lies within 50 feet Northerly and 40 feet Southerly of the above described Line A, excluding the strip of property 20 feet in width centered on the above described Line A. Together with a temporary easement for construction purposes over, under and across the Southwesterly 30 feet of that part of the above described property which lies within 55 feet of the South right-of-way line of State Highway 55 and lies Southeasterly of the above described Line A. Together with a temporary easement for construction purposes over, under and across the North 40 feet of the South 70 feet of the above described property which lies West 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, Northeasterly and West lines of said property. RJL37099 ME230-153 11 According to the United States Government Survey thereof, Hennepin County, Minnesota. Abstract Property. WHEREAS, the acquisition, construction, operation, maintenance and reconstruction of an adequate sewage collection, disposal and treatment system, and 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 and Fee Taking 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 and Fee Taking 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 and Fee Taking 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 and Fee Taking by eminent RJL37099 ME230-153 12 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 . S tat . § 117.04 2 . 3. At such time as he is satisfied that he cannot negotiate a voluntary purchase of the Easements and Fee Taking on behalf of the City, using diligent efforts, the City Attorney is authorized and directed to acquire the Easements and Fee Taking by use of eminent domain proceedings pursu�to this resolution. Dated:/h )% , 1992. cromite, Mayor ATTEST: C2& / Laura L. Monroe, Acting Clerk -Treasurer 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 : J QJi, /)) 71,11 / it ero , {c and the following voted against same: t20 ,e �� rf Xl P- 00, 50/h9rer Whereupon said resolution was declared duly passed and adopted. RJL37099 ME230-153 13