HomeMy Public PortalAbout2001-063 Resolution Authorizing and Directing the use of the Power of Eminent Domain to Acquire Certain Property Rights and Interests for the Purpose of Trunk Highway 55 and Willow Drive Intersection ImprovementsMember Bruce Workman introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.01-63
RESOLUTION AUTHORIZING AND DIRECTING THE USE OF
THE POWER OF EMINENT DOMAIN TO ACQUIRE CERTAIN
PROPERTY RIGHTS AND INTERESTS FOR THE PURPOSE OF
TRUNK HIGHWAY 55 AND WILLOW DRIVE INTERSECTION
IMPROVEMENTS
WHEREAS, the city council of the city of Medina, a Minnesota municipal corporation, is
the official governing body of the city of Medina ("City"); and
WHEREAS, the City, acting by and through its city council, is authorized by Minnesota
Statutes to acquire real property interests needed for a public use or purpose, including but not
limited to construction of street improvements and to control vehicular access to public streets and
highways; and
WHEREAS, the City intends to install a traffic signal, reconstruct the intersection of Trunk
Highway 55 and Willow Drive and construct related improvements as part of the Trunk Highway
55 and Willow Drive Intersection Improvement Project ("Project"); and
WHEREAS, the Project will require the acquisition of access rights from the owners and
encumbrancers of various properties abutting Trunk Highway 55 in the vicinity of Willow Drive;
and
WHEREAS, it is necessary that the City acquire these access rights before commencement
of construction of the Project in order to assure that all pre -conditions for Minnesota Department of
Transportation funding for the Project will be satisfied prior to commencement of construction of
the Project; and
WHEREAS, the property rights and interests that the City must acquire for the Project are
described on Exhibit A hereto; and
WHEREAS, the City finds that it is reasonable, necessary, proper and convenient, for a
public purpose, and in the interest of the public health, safety, convenience, and general welfare of
the citizens of Medina that the property rights described on Exhibit A hereto be acquired in
furtherance of the Project; and
WHEREAS, the City finds that the Project schedule makes it necessary to acquire the
property rights and interests described on Exhibit A prior to the filing of the final report of the
condemnation commissioners to be appointed by the district court;
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NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that it is the considered judgment of the City that the real estate interests described on
Exhibit A be acquired for the stated public purpose of effectuating the Project, and that these rights
and interests be acquired, if necessary, through the power of eminent domain.
BE IT FURTHER RESOLVED, that the city attorney is hereby authorized and directed to
acquire the property rights and interests described on Exhibit A by filing an action in eminent
domain using the quick -take procedure, pursuant to Minnesota Statutes Chapter 117.
Dated: December 18, 2001
hilip K. d,etlow, A.,ing Mayor
Paul Ronson, Administrator -Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Jim Lane
and upon vote being taken thereon, the following voted in favor thereof:
Lane, Smith, Workman, and Zietlow
and the following voted against the same: None Absent: Ferris
Whereupon said resolution was declared duly passed and adopted.
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EXHIBIT A
LEGAL DESCRIPTIONS OF INTERESTS TO BE
ACQUIRED
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PARCEL 1
Fee Owner — QX, Inc.
P1D# 04-118-23-13-0006
Address — 2705 Highway 55, Medina, MN 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Northeasterly line of the
following described property:
All of the Southwest'/a of the Northeast 1/4 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, EXCEPT that part thereof 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 1/4 of the Northeast 1/ to a point on the South line of the Southwest 1/4 of the
Northeast 1/4 distant 802.15 feet East of the Southwest corner of the said Southwest 1/ of the
Northeast 1/4, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
Abstract Property
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PARCEL 2
Fee Owner — Larry L. Pribyl aka Lawrence L. Pribyl, and Robert J. Mueller
PID# 04-118-23-41-0001
Address - 2402 Highway 55, Medina, MN 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Southwesterly line of the
following described property:
All that part of the Southeast Quarter of Section 4, Township 118, Range 23, lying
Northeasterly of State Highway No. 55.
Abstract Property
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PARCEL 3
Fee Owner — Terry E. and Sylvia M. Lingen
P1D# 03-118-23-32-0006
Address — 2382 Highway 55, Medina, MN 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Southwesterly line of the
following described property:
The West 260 feet of the Northwest Quarter of the Southwest Quarter of Section 3,
Township 118, Range 23, lying Northerly of State Trunk Highway No. 55, Hennepin
County, Minnesota.
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PARCEL 4
Fee Owner — Raymond H and Suzanne K. Schmidt
Contract Vendee — Crow 95 Properties, Inc.
PID# 03-118-23-32-0007
Address - Highway 55, Medina, MN 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Southwesterly line of the
following described property:
The East 658.12 feet of the West 912.12 feet of that part of the Northwest Quarter of the
Southwest Quarter of Section 3, Township 118, Range 23, lying North of State Highway
No. 55, Hennepin County, Minnesota.
Abstract Property
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PARCEL 5
Fee Owner — Robert J. Mueller and Larry L. Pribyl aka Lawrence L. Pribyl
PID# 03-118-23-32-0002
Address — 2242 Highway 55, Medina, MN, 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Southwesterly line of the
following described property:
That part of the Northwest 1/a of the Southwest 1/a of Section 3, Township 118, Range 23
lying East of the West 918.12 feet thereof and lying Northeasterly of a line running parallel
with and distant 75 feet Northeasterly of the following described line: Beginning at a point
on the North — South quarter line of said Section 3, distance 1060.2 feet North of the South
Quarter corner of said Section 3; thence running Northwesterly at an angle of 69 degrees 23
minutes with said North — South Quarter Line.
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PARCEL 6
Fee Owner — Polaris Industries, Inc.
P1D# 03-118-23-31-0003
Address — 2182 Highway 55, Medina, MN 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Southwesterly line of the
following described property:
That part of the East Half of the Southwest Quarter of Section 3, Township 118, Range 23,
described as follows: Commencing at a point on the West line of the East Half of the
Southwest Quarter of said Section 3 where said line intersects with the Northerly right of
way line of State Highway #55; thence Southeasterly along said right of way line 208.72
feet; thence North and parallel with the West line of East Half of Southwest Quarter 208.72
feet; thence Northwesterly parallel with the Northerly right of way line of State Highway
#55, 208.72 feet to the West line of said East Half of Southerly Quarter; thence South along
said West line 208.72 feet to Northerly right of way line of State Highway #55 which was
place of beginning, Hennepin County, Minnesota.
Abstract Property
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PARCEL 7
Fee Owner — Polaris Industries, Inc.
P1D# 03-118-23-31-0002
Address — 2162 Highway 55, Medina, MN 55340
To be acquired:
All rights of ingress and egress to and from Trunk Highway 55 across the Southwesterly line of the
following described property:
That part of the East'h of the Southwest 'A of Section 3, Township 118, Range 23, West of
the 5m Principal Meridian, described as follows: Commencing at a point on the Northerly
right of way line of State Highway No. 55, which point is 208.72 feet Southeasterly of the
intersection of the Northerly right of way line of State Highway No. 55 and the West line of
the East lh of the Southwest Quarter of Section 3, Township 118, Range 23, (measured
along said right of way line), thence Northerly and parallel with the West line of said East'h
of Southwest'/a of Section 3, Township 118, Range 23, 263.72 feet, thence Southeasterly
parallel with the Northerly right of way line of said State Highway No. 55, 153.72 feet,
thence Southerly and parallel with the West line of said East'h of Southwest'/a of Section 3,
Township 118, Range 23, 263.72 feet more or less, to the Northerly right of way line of said
State Highway No. 55; thence Northwesterly along said right of way line 153.72 feet more
or less to a point of beginning, according to the United States Government Survey thereof,
and situate in Hennepin County, Minnesota.
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