HomeMy Public PortalAbout1992-043Exhibit d
Project 19053-C
7-8-92 #6
Member h i-OhC (� introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 92-43
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, the owner of real estate proposed for residential subdivision
development has petitioned the City for extension of sanitary sewer improvements
to serve said residential subdivision development;
WHEREAS, Bonestroo, Rosene, Anderlik & Associates ("City Engineer") has
prepared a report entitled "Report for Hamel Service Area Trunk Sanitary Sewer
Improvements, Medina, Minnesota, 1992, File 19053" ("Engineer's Report") which
would facilitate the extension of sanitary sewer service to serve the proposed
development ;
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 sewer improvement described in the Engineer's Report;
WHEREAS, the City deems it reasonable, convenient, necessary and desirable
to acquire easements at this time which are both sufficient to enable the immediate
construction and operation of the proposed sewer and to thereafter cause, suffer or
permit the construction of any other utilities within said easements 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 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 proposed sewer ("Easements") :
Parcel One:
(PIN 11-118-23-14-0014) (B.C. Burdick and Brigitte E. Burdick)
A perpetual easement for utility purposes 25 feet in width, over, under and across
Lot 5, Block 1, Grier Industrial Park, Hennepin County, Minnesota. Said easement
lies parallel with, is 10 feet Northerly of, and is 15 feet Southerly of the following
described line ( "Line A") :
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 South 42 degrees 51 minutes 34
seconds East a distance of 6.75 feet; thence south 89 degrees 48 minutes 24
seconds East to the westerly line of said property and there terminating.
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According to the map or 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 and Southerly 50 feet of that part of the above described
property which lies within 65 feet 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 Westerly and Easterly lines of said property.
Parcel Eighteen:
(PIN 04-118-23-14-0015) (B.C. Burdick and Brigitte E. Burdick)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 6, Block 1, Grier Industrial Park, Hennepin County, Minnesota. Said easement
is centered on the following described line ( "Line A") :
Beginning at a point on the South line of the Northeast Quarter of Section 11,
Township 118, Range 23, which is 758.74 feet West of the East Quarter Corner
of said Section 11 as measured along said South line; thence North 01 degree
15 minutes 35 seconds East a distance of 493.46 feet; thence North 02 degrees
35 minutes 53 seconds East a distance of 163.39 feet and there terminating.
Together with a perpetual easement for utility purposes over, under and across that
part of the South 30 feet of the North 45 feet of the above described property which
lies Westerly 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 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.
Together with a temporary easement for construction purposes over, under and
across that part of the South 50 feet of the North 95 feet of the above described
property which 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 South and North lines of said property.
Parcel Nineteen:
(PIN 11-118-23-14-0013) (James H. Ditter and Thomas A. Ditter)
A perpetual easement for utility purposes 30 feet in width, over, under and across.
Lot 4, Block 1, Grier Industrial Park, according to the recorded plat thereof on file
and of record in the Office of the County Recorder, Hennepin County, Minnesota .
Said easement is centered on the following described line ( "Line A") :
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Commencing at a point on the South line of the Northeast Quarter of Section
11, Township 118, Range 23, which is 758.74 feet West of the East Quarter
Corner of said Section 11 as measured along said South line; thence North 01
degrees 15 minutes 35 seconds East a distance of 493.46 feet to the actual point
of beginning of the line to be described; thence North 02 degrees 35 minutes
53 seconds East a distance of 163.39 feet; thence North 02 degrees 36 minutes
09 seconds East to the intersection with the South right of way line of the Soo
Line Railroad 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 20 feet of the South right of
way line of the Soo Line Railroad and which lies within 230 feet Westerly 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 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.
Together with a temporary easement for construction purposes over, under and
across the Southerly 55 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 and which lies
within 270 feet 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 South and North lines of said property.
Parcel Thirty:
(PIN 11-118-23-11-0004) (Robert F. Feltl and Karen E. Feltl)
A permanent easement for utility purposes over, under and across the West 15 feet
of that part of the Northeast Quarter of Section 11, Township 118, Range 23,
Hennepin County, Minnesota, described as follows: Commencing at the Southeast
corner of the Northeast Quarter of the Northeast Quarter of said Section 11, thence
West 33.0 feet; thence North 70.0 feet; thence Northwesterly 336.5 feet to a point
115.0 feet North of the South line of said Northeast Quarter of the Northeast
Quarter; thence deflecting to the right 13 degrees 36 minutes a distance of 559.05
feet to the actual point of beginning; thence continuing along the last described
course 35.6 feet; thence South parallel with the East line of said Northeast Quarter
a distance of 353.5 feet to the Northerly right of way line of State Highway No. 55;
thence Southeasterly along said right of way line 35.06 feet to a point 940.0 feet
Northwesterly of the intersection of said right of way line with the center line of
County Road No. 116; thence North parallel with said East Line 352.1 feet to the
point of beginning.
Together with a temporary easement for construction purposes over, under and
across all of the above described property, except for the West 15 feet.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording.
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According to the United States Government Survey thereof, Hennepin County,
Minnesota.
Abstract Property.
Parcel Thirty One:
(118-23-11-0006) (Robert F. Feltl and Karen E. Feltl)
A temporary easement for construction purposes over, under and across the West
25 feet of that part of the Northeast Quarter of the Northeast Quarter of Section 11,
Township 118, Range 23, Hennepin County, Minnesota, described as follows:
Commencing at the Southeast corner of said Northeast Quarter of the Northeast
Quarter, thence West 33.0 feet; thence North 70.0 feet; thence Northwesterly 336.5
feet to a point 115.0 feet North of the South line of said Northeast Quarter of the
Northeast Quarter; thence deflecting to the right 13 degrees 36 minutes a distance
of 406.8 feet to the actual point of beginning; thence continuing along the last
described course 152.25 feet; thence South parallel with the East line of said
Northeast Quarter of the Northeast Quarter a distance of 202.1 feet to a point 150.0
feet North of the Northerly right of way line of State Highway No. 55 and measured
along said parallel line; thence Southeasterly parallel with said right of way line
150.0 feet; thence North parallel with said East Line 196.2 feet, more or less, to the
point of beginning.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording.
Parcel Thirty Two:
(11-118-23-11-0006) (Robert F. Feltl and Karen E. Feltl)
A temporary easement for construction purposes over, under and across the West
25 feet of those parts of the Southeast 1/4 of the Northeast 1/4 of Section 11,
Township 118, Range 23, described as follows:
Tract A. Commencing at the intersection of the centerline of Co. Road No.
116, with the centerline of State Highway No. 55, thence Northwesterly along
the centerline of State Highway No. 55 distant 790.0 feet to the actual point
of beginning; thence North parallel with Co. Road 116 distant 165.1 feet to the
North line of said Southeast 1/4 of Northeast 1/4; thence West along said
North line 141.22 feet; thence South parallel with Co. Road No. 116 distant
116.65 feet to the centerline of State Highway No. 55; thence Southeasterly
150.0 feet to the Point of Beginning, except that part taken for State Highway
No. 55.
AND
Tract B. That part of the Northeast 1/4 of the Northeast 1/4 of Section 11,
Township 118, Range 23, described as follows: Commencing at the
intersection of the centerline of Co. Road No. 116, with the centerline of State
Highway No. 55, thence Northwesterly along the centerline of State Highway
No. 55 distant 790.0 feet; thence North parallel with County Road No. 116
distant 165.1 feet to the South line of said Northeast 1/4 of Northeast 1/4,
being the actual point of beginning; thence continuing along the last
described course 64.6 feet; thence Northwesterly parallel with State Highway
No. 55 distant 150.0 feet; thence South parallel with County Road No. 116
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distant 113.05 feet to the South line of said Northeast 1/4 of Northeast 1/4;
thence East along said South line 141.22 feet to the point of beginning.
Said temporary easement shall expire automatically on November 1, 1993, without the
need for further recording.
Parcel Thirty Three.
(PIN 11-118-23-11-0011) (Lague Enterprises, Inc.) and
Parcel Thirty Four.
(Lague Enterprises, Inc.) (11-118-23-11-0012)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 1 and Lot 2, Block 1, Twin City Monorail, according to the recorded plat thereof
on file and of record in the office of the County Recorder, Hennepin County,
Minnesota.
Said easement is centered on the following described line ("Line A") :
Beginning at the most southerly corner of said Lot 2; thence North 00 degrees
08 minutes 34 seconds East along the West line of said Lot 2 a distance of
383.29 feet; thence North 27 degrees 48 minutes 14 seconds East a distance of
445.62 feet; thence North 00 degrees 13 minutes 35 seconds East a distance of
400.00 feet and there terminating.
Together with a temporary easement for construction purposes 110 feet in width,
over, under and across the above described property. Said easement lies 45 feet
Westerly and 65 feet Easterly of the above described Line A, excluding the above
described perpetual easement.
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, Westerly and Northerly lines of said
property
Abstract Property.
Parcel Thirty Five:
(PIN 11-118-23-11-0008) (Wallace F. Doerr)
A perpetual easement for utility purposes 30 feet in width, over, under and across:
Tract A. The NE 1/4 NE 1/4 of Section 11, Township 118, Range 23, except
the South 70 feet thereof, lying Northeasterly of State Highway 55, and
except the North 227 feet of the East 236 feet thereof; and except that part
thereof described as follows: beginning at the Southeast corner of said NE
1/4 NE 1/4; thence West 33 feet; thence North 70 feet to the actual point of
beginning of the tract to be described; thence Northwesterly a distance of
336.5 feet to a point distant 115 feet North of the South line of said NE 1/4 NE
1/4; thence deflect to the right 13 degrees 36 minutes a distance of 1,090 feet
more or less to a point on the West line of said NE 1/4 NE 1/3 distant 503 feet
North from the SW corner thereof; thence South along said West line a distance
of 371 feet to the Northeasterly right of way line of State Highway No. 55;
thence Southeasterly along said right of way line a distance of 190 feet to its
intersection with a line drawn parallel with and distant 70 feet North of the
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AND
South line of said NE 1/4 NE 1/4; thence East a distance of 1,151.1 feet to the
actual point of beginning; all in Section 11, Township 118, Range 23 according
to the United States Government Survey thereof and situate in Hennepin
County, Minnesota.
Tract B. That part of the NE 1/4 of Section 11, Township 118 North, Range
23 West, of the 5th Principal Meridian, described as follows: Commencing at
the Southeast corner of the NE 1/4 NE 1/4 of Section 11, thence West 33.0
feet; thence North 70.0 feet; thence Northwesterly 336.5 feet to a point 115.0
feet North of the South line of said NE 1/4 NE 1/4; thence deflecting to the
right 13 degrees, 36 minutes distant 594.65 feet to the actual point of
beginning; thence continuing along the last described course 499.35 feet more
or less to the West line of said NE 1/4; thence South along said West line 371.0
feet more or less to the Northerly Right of Way line of State Highway No. 55;
thence Southeasterly along said Right of Way line 475.0 feet more or less to its
intersection with a line drawn South and parallel with the East line of said NE
1/4 from the point of beginning; thence North along said parallel line 353.5
feet to the point of beginning, all according to the United States Government
Survey thereof and situate in Hennepin County, Minnesota.
EXCEPT
That part of the NE 1/4 of Section 11, Township 118 North, Range 23,
Hennepin County, Minnesota described as follows: Commencing at the
Southeast corner of the NE 1/4 NE 1/4 of Section 11, thence North along the
East line of said NE 1/4 NE 1/4 a distance of 70.00 feet to the point of
beginning of the land to be described; thence westerly parallel with the South
line of said NE 1/4 NE 1/4 a distance of 33.00 feet; thence Northwesterly a
distance of 336.50 feet to a point 115.00 feet North of the South line of said NE
1 /4 NE 1/4; thence Northwesterly a distance of 594.54 feet along a line which
if extended would intersect the West line of said NE 1/4 NE 1/4 at a point
distant 503.00 feet North of the Southwest corner of said NE 1/4 NE 1/4 to the
Northeasterly right of way line of State Highway 55; thence Northwesterly
along said Northeasterly right of way line a distance of 296.10 feet; thence
Northerly deflecting to the right 76 degrees 21 minutes 45 seconds a distance
of 872.26 feet; thence Easterly to a point on the East line of said NE 1/4 NE 1/4
distant 417.54 feet South of the Northeast corner of said NE 1/4; thence
Southerly along said East line of NE 1/4 NE 1/4 to the point of beginning.
EXCEPT that part embraced in Hennepin County State Aid Highway No. 116,
Plat 21, as recorded in the office of the County Recorder.
Said easement is centered on the following described line ( "Line A") :
Beginning a a point which is 578.61 feet South and 714.75 feet West of the
Northeast Corner of Section 11, Township 118, Range 23; thence North 00
degrees 13 minutes 35 seconds East a distance of 400.00 feet; thence North 15
degrees 13 minutes 35 seconds East a distance of 194. 73 feet to a point on the
North Line of said Section 11 which is 661.84 feet West of said Northeast
Corner as measured along said North Line and there terminating.
Together with a temporary easement for construction purposes 110 feet in width,
over, under and across the above described property. Said easement lies 65 feet
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Westerly and 45 feet Easterly of the above described Line A, excluding the above
described perpetual easement.
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.
Parcel Thirty Six:
(PID 02-118-23-44-0001) (Wallace F. Doerr)
A perpetual easement for utility purposes 30 feet in width, over, under and across
the Southeast 1/4 of the Southeast 1/4 of Section 2, Township 118, Range 23, except
the South 214.58 feet of the East 236 feet, and except that part thereof platted as the
plat of Medina Meadows.
Said easement is centered on the following described line:
Beginning at a point on the North Line of Section 11, Township 118, Range 23,
which is 661.84 feet West of the Northeast Corner thereof as measured along
said North Line; thence North 15 degrees 13 minutes 35 seconds a distance of
445.27 feet; thence North 00 degrees 35 minutes 48 seconds a distance of 295
feet and there terminating.
Together with a temporary easement for construction purposes 110 feet in width,
over, under and across the above described property. Said easement lies 65 feet
Westerly and 45 feet Easterly of the following line, excluding the above described
perpetual easement.
Beginning at a point on the North Line of Section 11, Township 118, Range 23,
which is 661.84 feet West of the Northeast Corner thereof as measured along
said North Line; thence North 15 degrees 13 minutes 35 seconds a distance of
445.27 feet; thence North 00 degrees 35 minutes 48 seconds a distance of 335
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 South line of said property.
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 by negotiation upon terms and conditions acceptable to the
City.
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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
Attorney is authorized and directed to acquire the Easements by use of eminent
domain proceedings pursuant to this resolution.
Dated: J , 1992.
r:rv]
ATTEST:
\i erigte7'(-
L. Mon e, A ting Clerk -Treasurer
Acromite, Mayor
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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: `I �l. i (� f i7-t `1 F g e r6 m 1" l Q
and the following voted against same: no✓1t
AI..D5-en-F ' �� hfrer
Whereupon said resohtion was declared duly passed and adopted .
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