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HomeMy Public PortalAbout1997-006Member Thies introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.97-06 RESOLUTION REASSESSING REAL PROPERTY WHEREAS, in 1992 the city council of the city of Medina (the "City") initiated a public improvement project to extend sanitary sewer from its terminus in Hamel westward along Trunk Highway 55 (the "T.H. 55 Sewer Project"); and WHEREAS, in connection with the T.H. 55 Sewer Project, the City specially assessed certain benefitted properties for a portion of the cost of the Project, in accordance with Minnesota Statutes, Chapter 429; and WHEREAS, one of the properties which was specially assessed in connection therewith was a parcel approximately 3.5 acres in size owned by Emil and Rita Jubert (the "Subject Property"), which is legally described on Exhibit A attached hereto; and WHEREAS, the City subsequently purchased the Subject Property from the Juberts and now owns it in fee; and WHEREAS, the City wishes to eliminate the special assessment levied against the Subject Property in connection with the T.H. 55 Sewer Project and is authorized to do so pursuant to Minnesota Statutes, section 429.071. NOW, THEREFORE, BE IT RESOLVED By the city council of the city of Medina, Minnesota, as follows: 1. The special assessment previously levied by the City against the Subject Property for the T.H. 55 Sewer Project is hereby removed in its entirety, including all principal and accrued interest. 2. The city clerk -treasurer is hereby authorized and directed to take all actions necessary to eliminate the special assessment levied against the Subject Property in connection with the T.H. 55 Sewer Project, including such notification of Hennepin County as may be necessary to remove said special assessment from the records of the County. 3. The city clerk -treasurer and city staff are authorized and directed to take any and all additional actions which may be necessary or convenient in order to accomplish the purposes of this resolution. RHB118456 ME230-1-A 1 Dated: February 18 , 1997 ATTE Paul Robinson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Hamilton and upon vote being taken thereon, the following voted in favor thereof: Ferris, Hamilton, Johnson, Thies, and Zietlow and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. RHB118456 ME230-1-A 2 4 EXHIBIT A That part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 118, Range 23, lying Southwesterly of the right-of-way of the Minneapolis, St. Paul and Sault Ste. Marie Railway Company, subject to the road right-of-way for Tamarack Drive, according to the United States Government Survey thereof, Hennepin County, Minnesota. v 6. All requirements contained in the city engineer's letter of January 24, 1997, as modified by his letter of February 6, 1997, must be met, with the exception that the Property does not require combining or subdividing; 7. There shall be no exterior storage allowed on the Property; 8. City staff must verify that all signs meet city ordinance requirements; 9. All roof -top mechanical equipment must be screened from view from adjacent properties and roadways; 10. The Applicants must adhere to the landscaping plan submitted to the city and dated February 11, 1997; 11. All parking areas must meet city ordinances; 12. The number of employees will be approximately 75 full and parttime; 13. All exterior lighting must be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast directly on any other property; 14. There shall be no outside bells or loudspeakers on the Property; 15. The Applicants must post with the city a financial guarantee in the form of a letter of credit in the amount of $168,998 to assure completion of the site improvements; 16. The exterior trash container must be concrete, preferably broken -face block; 17. The Property and the adjacent roadways will be subject to an annual traffic safety evaluation by the city; and 18. The Applicants must pay to the city an administrative fee in the amount necessary to reimburse the city for its costs in reviewing this application. Dated: March 18 , 1997. ATTE Paul Robinson, clerk -Treasurer Ot / c/t'°'7' F► Ferris, Mayor RHB119105 ME230-255 2 The motion for the adoption of the foregoing resolution was duly seconded by member Johnson and upon vote being taken thereon, the following voted in favor thereof: Ferris, Hamilton, Johnson, and Zietlow and the following voted against same: None Absent: Thies Whereupon said resolution was declared duly passed and adopted. RHB119105 ME230-255 3 Exhibit A The Property is comprised of two parcels, located in Hennepin County, Minnesota, legally described as follows: Parcel 1: That part of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said quarter -quarter; thence South along the center line of County Road No. 116, distant 164 feet to the actual point of beginning; thence continuing South 262.1 feet to the intersection of the centerline of County Road No. 116 and State Highway No. 55; thence Northwesterly along the centerline of State Highway No. 55, distant 290 feet; thence North parallel with said centerline of County Road No. 116, distant 79.7 feet; thence deflection to the right 17 degrees 45 minutes, distant 105 feet; thence Easterly, 240.55 feet to the actual point of beginning, except the Easterly 40 feet thereof conveyed to the County of Hennepin for roadway. Parcel 2: That part of the East 1/2 of the Northeast 1/4 of Section 11, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point in the center line of State Highway No. 55, distant 290 feet Northwesterly from the East line of said Northeast 1/4; thence North parallel with said East line, a distance of 79.7 feet; thence deflecting to the right 17 degrees 45 minutes, a distance of 105 feet to the actual point of beginning of the land to be described; thence East to a point in the East line of said Northeast 1/4, distant 164 feet South from the Northeast corner of the Southeast 1/4 of the Northeast 1/4; thence North along said East line to a point distant 70 feet North from the Southeast corner of the Northeast 1/4 of the Northeast 1/4; thence West parallel with the South line of the Northeast 1/4 of the Northeast 1/4, a distance of 33 feet; thence Northwesterly, a distance of 336.5 feet to a point distant 115 feet North from the South line of said Northeast 1/4 of the Northeast 1/4; thence Northwesterly, a distance of 203.8 feet along a line which if extended would intersect the west line of said Northeast 1/4 of the Northeast 1/4 at a point distant 503 feet North of the Southwest corner thereof; thence South to a point distant 60 feet North from the South line of said Northeast 1/4 of the Northeast 1/4; thence Southeasterly and parallel with the center line of said Highway No. 55, a distance of 236.35 feet; thence Easterly, a distance of 93.65 feet to a point distant 123.5 feet North of the point of beginning; thence South to the point of beginning. Hennepin County, Minnesota RHB119266 ME230-255