HomeMy Public PortalAbout1993-029Parcel 17A-II
Fee Simple
Project 19053-B-1
5/17/93
Member James Johnson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 93- 29
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;
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WHEREAS, the T.H.55 Sewer proposed by Bonestroo, Rosene, Anderlik &
Associates ("City Engineer") in its report entitled "Report for Hamel Service Area
r-
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 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;
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WHEREAS, the Subject Property hereinafter described, which is located in the
City of Medina, County of Hennepin, State of Minnesota, has been identified by the
City Engineer and the City Attorney as being required in order for the City to
construct the T . H .55 Sewer ("Subject Property") :
Parcel 17A :
(PIN 04-118-23-13-0002) (Frank E. Garrison)
That part of the Southwest Quarter of the Northeast Quarter 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 and 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
Quarter of the Northeast Quarter to a point on the South line of the Southwest
Quarter of the Northeast Quarter distant 802.15 feet East of the Southwest
corner of the said Southwest Quarter of the Northeast Quarter ("Subject
Property")
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 Subject Property by negotiation upon terms and conditions acceptable
to the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Medina:
1. The City Council hereby finds the Subject Property 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
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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 Subject
Property 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 Subject Property by eminent domain
proceedings in accordance with the provisions of Minnesota Statutes, Chapter 117,
including the early transfer of title and possession of the Subject Property under
Minn . Stat . § 117.042 .
3. The filing by the City Attorney of a condemnation petition to acquire
said Subject Property by use of eminent domain proceedings is hereby ratified and
confirmed.
Dated: May 18 , 1993.
Anne E. Theis , Mayor
ATTEST:
K. lson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member
Ann Thies
and upon vote being taken thereon, the following voted in
favor thereof: Councilmembers John Ferris, Johnson, Thies, Philip Zietlow
and Mayor Anne Theis.
and the following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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