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Member Johnson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.99-74
A RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN LAND AND EASEMENTS
FOR STREET PURPOSES
WHEREAS, the City Council of the City of Medina is the official governing body of the
City of Medina; and
WHEREAS, the City of Medina, Minnesota, a Minnesota municipal corporation, acting
by and through its City Council, is authorized by law to acquire land needed for public use or
purpose; and
WHEREAS, the transportation and improvement strategy for the City of Medina
includes the realignment and improvement of Chippewa Road so that Chippewa Road may
adequately perform its intended function in the City of Medina, and enhance and facilitate the
safe and efficient movement of vehicles and pedestrians in that area of the City; and
WHEREAS, the plans and designs for the Project require that the real estate described
herein be acquired to implement the plans and designs; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, for a public purpose, and in the interest of the public health, convenience, and
general welfare of the citizens of the City that title to and possession of the real estate interests
hereinafter described be acquired for the furtherance of the Project; and
WHEREAS, the City Council finds that the funding and construction schedule for the
Project makes it necessary to acquire title and possession of the real estate interests hereinafter
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described prior to the filing of the final report of the condemnation commissioners to be
appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
that it is the considered judgment of the Council that Outlot B, Cates Ranch, according to the plat
thereof on file in the Office of the Hennepin County Recorder, be acquired in fee simple absolute
and that the temporary easements described on Exhibit A attached hereto be acquired for the
stated public purposes, and that those real estate interests be acquired, if necessary, through the
exercise of the power of eminent domain.
BE IT FURTHER RESOLVED, that the City Attorney is hereby authorized and
directed to take all steps necessary to acquire said real estate interests by filing an action in
eminent domain, negotiation of early entry authorizations, and the use of the quick take
procedure as provided by Minn. Stat. § 117.042, pursuant to the City's approved appraisal of
value for said real estate interests as determined by the City Attorney.
Adopted: December 7, 1999.
. Ferris, Mayor
AT
Paul Robinson, City Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Smith and
upon vote being taken thereon, the following voted in favor thereof:
Ferris, Johnson, Smith, and Zietlow
and the following voted against same: None Absent: Hamilton
Whereupon said resolution was declared duly passed and adopted.
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Exhibit A
Legal Description of Temporary Easements Required for Chippewa Road Realignment
Parcel 2: (PID No. 04-118-23-14-0001) (Abstract) or (Torrens)
Address of Property: 2575 Cates Ranch Drive, Medina, MN 55340
Description of Property to be encumbered:
Lot 1, Block 2, Cates Ranch, according to the map or plat thereof on file and of
record, Hennepin County, Minnesota..
Description of Taking:
A temporary easement for construction purposes over and across the Southwest 20
feet of Lot 1, Block 2, Cates Ranch, adjacent to Outlot B, Cates Ranch.
Said easement is also described as follows:
Commencing at the Southwest corner of Lot 1, Block 2. Thence South 89 degrees
53 minutes 32 seconds East a distance of 117.00 feet; thence Southeasterly 500.84
feet along a curve deflecting to the right with a radius of 660.47 feet; thence South
46 degrees 26 minutes 41 seconds East a distance of 530.11 feet; thence
Southeasterly 262.24 feet along a curve deflecting to the left with a radius of 357.62
feet; thence South 88 degrees 27 minutes 33 Seconds East a distance of 109.11 feet
to the Southeast corner of Lot 1, Block 2; thence North 00 degrees 00 minutes 00
seconds East a distance of 20 feet; thence North 88 degrees 27 minutes 33 seconds
West a distance of 109.11 feet; thence Northwesterly 247.57 feet along a curve
deflecting to the right with a radius of 337.62 feet; thence North 46 degrees 26
minutes 41 seconds West a distance of 530.11 feet; thence Northwesterly 516.01
feet along a curve deflecting to the left with a radius of 680.47 feet; thence North 89
degrees 53 minutes 32 seconds West a distance of 117.00 feet to the West line of
Lot 1, Block 2; thence South 20 feet to the Southwest corner of Lot 1, Block 2 to the
point of beginning and there terminating.
Temporary easement area = 0.70 square feet.
Subject to easements of record in favor of the City of Medina.
Said temporary easement shall begin on May 15, 2000 and expire on December 15, 2000.
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Parcel 3: (PID No. 04-118-23-14-0002) (Abstract) or (Torrens)
Address of Property:
Description of Property to be Encumbered:
Lot 1, Block 3, Cates Ranch, according to the map or plat thereof on file and of
record, Hennepin County, Minnesota.
Description of Taking:
A temporary easement for construction purposes over and across the Northeast 20
feet of Lot 1, Block 3, Cates Addition, adjacent to Outlot B, Cates Addition.
Said easement is also described as follows:
Commencing at the Southeast corner of Lot 1, Block 3; thence 70.98 feet along a
curve deflecting to the right with a radius of 423.62 feet; thence North 46 degrees
26 minutes 41 seconds West a distance of 530.11 feet; thence 450.79 feet along a
curve deflecting to the left with a radius of 594.47 feet; thence North 89 degrees
53 minutes 32 seconds West a distance of 117.00 feet to the Northwest corner of
Lot 1, Block 3; thence South 00 degrees 06 minutes 28 seconds West a distance of
20 feet; thence South 89 degrees 53 minutes 32 seconds East a distance of
117.00 feet; thence 435.62 feet Southeasterly along a curve deflecting to the right
with a radius of 574.47 feet; thence South 46 degrees 26 minutes 41 seconds East a
distance of 530.11 feet; thence continuing South 46 degrees 26 minutes 41 seconds
East on the Tangent line to the South line of Lot 1, Block 3; thence South 88 degrees
27 minutes 33 seconds East to the point of beginning and there terminating.
Temporary easement area = 0.53 square feet.
Subject to easements of record in favor of the City of Medina.
Said temporary easement shall begin on May 15, 2000 and expire on December 15, 2000.
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