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HomeMy Public PortalAbout1994-0091 1 1 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; AJL65537 ME230-153 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) R7L65537 ME230-153 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 RJL65537 ME230-153 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 RJL65537 MR230-153 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 RJL65537 ME230-153 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, RJL65537 ME230-153 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. RJL65537 ME230-153