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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; RJL53277 ME230-153 1 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; RJL53277 ME230-153 2 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 RJL53277 ME230-153 3 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. RJL53277 ME230-153 4