HomeMy Public PortalAbout1994-0091
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Project 19053-C
2-10-94
Member Ann Thies introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 94-9
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;
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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 City Council previously adopted its Resolution 92-43
authorizing acquisition of easements for this Project but the City Engineer has
advised that such easements be revised due to adverse soil conditions which would
be encountered within the easements for Parcels Thirty to Thirty-four as described
in Resolution 92-43;
WHEREAS, the City Engineer and City Attorney have recommended amendment
of Resolution 92-43 to describe the Easements for Parcels Thirty to Thirty-four as
follows:
Parcel Thirty:
(PIN 11-118-23-11-0004) (Robert F. Feltl and Karen E. Feltl)
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A permanent easement for utility purposes 30 feet in width, over, under and across
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.
Said easement is centered on the following described "Line A":
Commencing at the Southwest corner of said property; thence North along the
West line thereof a distance of 27.38 feet; thence North 08 degrees 20 minutes
37 seconds East a distance of 246.00 feet to a point on the East line of said
property distant 64.60 feet South from the Northeast corner thereof; thence
North 26 degrees 22 minutes 23 seconds East a distance of 30 feet and there
terminating.
According to the United States Government Survey thereof, Hennepin County,
Minnesota.
Abstract Property.
Said temporary easement shall expire automatically on November 1, 1994, without the
need for further recording. The side lines of said easement are extended or
shortened to terminate on the West and North lines of said property.
Parcel Thirty One:
(PIN 118-23-11-0005) (Robert F. Feltl and Karen E. Feltl)
A perpetual easement for utility purposes 30 feet in width, over, under and across
that part of the Northeast Quarter of the Northeast Quarter of Section 11, Township
118, Range 23, Hennepin County, Minnesota, described as follow:
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
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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 easement is centered on the following described "Line A":
Commencing at a point on the north line of said property distant 29.37 feet
easterly from the Northwest corner thereof; thence South 26 degrees 22
minutes 23 seconds West a distance of 60.04 feet to a point on the West line of
said property distant 64.60 feet South from said Northwest corner; thence
South 08 degrees 20 minutes 37 seconds West a distance of 130 feet and there
terminating.
Together with a temporary easement for construction purposes over, under and
across that part of the above described property that lies westerly of a line drawn
parallel to and distant 40 feet easterly of the above described "Line A.
.
Said temporary easement shall expire automatically on November 1, 1994, without the
need for further recording. The side lines of said easement are extended or
shortened to terminate on the West and North lines of said property.
Parcel Thirty Two:
(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
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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 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, 1994, without the
need for further recording.
Parcel Thirty -Three:
(PID 11-118-23-11-0011) (Twin City Monorail; Lague Enterprises, Inc. )
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 1, Block 1, Twin City Monorail, according to the plat thereof on file and of
record in the Office of the county Recorder in and for Hennepin County, Minnesota.
Said easement is centered on the following described "Line A":
Beginning at a point on the north line of Lot 2, Block 1, Twin City
Monorail, distant 155.45 feet easterly from the northwest corner
thereof; thence North 28 degrees 49 minutes 57 seconds East to the
intersection with the north line of said Lot 1 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" including the above
described perpetual easement.
Said temporary easement shall expire automatically on November 1, 1994, 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.
Abstract property.
Parcel Thirty-four
(PID 11-118-23-11-0012) (Lague Enterprises, Inc.)
A perpetual easement for utility purposes 30 feet in width, over, under and across
Lot 2, Block 1, Twin City Monorail, according to the plat thereof on file and of
record in the office of the County Recorder in and for Hennepin County, Minnesota.
Said easement is centered on the following described "Line A":
Beginning at a point on the north line of said property distant 155.45
feet easterly from the northwest corner thereof; thence South 28
degrees 49 minutes 57 seconds West a distance of 56.50 feet; thence
South 08 degrees 56 minutes 13 seconds East a distance of 134.69 feet;
thence South 26 degrees 22 minutes 23 seconds West a distance of 249.86
feet; thence South 08 degrees 20 minutes 37 seconds West a distance of
246.00 feet to a point on the east line of the southerly leg of said
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property; thence southerly along said east line to the most southerly
corner of said property 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 60 feet
westerly and 40 feet easterly of the above described "Line A", including the above
described perpetual easement.
Said temporary easement shall expire automatically on November 1, 1994, without the
need for further recording. The side lines of said easements are extended or
shortened to terminate on the North, East and southerly lines of said 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 .
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,
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disposal and treatment of sewage in accordance with the Engineer's Report, as
amended 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. The City Attorney is authorized and directed to acquire the Easements
by use of eminent domain proceedings pursuant to this resolution.
Dated: February 15 , 1994.
Anne E. Theis, Mayor
ATTEST:
Jeffry Karlson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member
Anne Theis and upon vote being taken thereon, the following voted in
favor thereof: Council Members James Johnson, Thies, Philip Zietlow and Mayor Theis.
and the following voted against same: None.
Absent: Council Member John Ferris.
Whereupon said resolution was declared duly passed and adopted.
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