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HomeMy WebLinkAbout2019-065 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 19-65 RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR THE NE LINO LAKES DRAINAGE AREA IMPROVEMENTS PROJECT BY EMINENT DOMAIN WHEREAS, on October 22, 2018 the City Council authorized the preparation of plans and specifications for the NE Lino Lakes Drainage Area Improvements project (the "Project"); and WHEREAS, the construction of the Project will require the acquisition of certain land and easements involving properties located within the City, said land and easements being more specifically described in the attached Exhibit A; and WHEREAS, the City of Lino Lakes, a Minnesota municipal corporation, acting by and through the City Council, is authorized by law to acquire real estate which is needed for public use or purpose; WHEREAS, it is necessary that the City have title and possession of land interests for the Project before the construction contracts may be let, which is planned to occur in the fall of 2019; WHEREAS, on February 25, 2019, the City Council authorized the City representatives, City Community Development Director and City Attorney to make offers to property owners consistent with the appraisals obtained for the needed acquisition; WHEREAS, agents or employees of the City have had discussions with or attempted to have discussions with the owners of the properties in an effort to reach an agreement upon terms and conditions under which the City may voluntarily acquire the necessary real property interests required from each property; WHEREAS, to date, representatives of the City have been unable to reach an agreement with all parties with an interest in the properties described in Exhibit A upon the terms and conditions under which the City may acquire the necessary real property interests required for the Project; WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the public health, public safety, convenience, and general welfare of the citizens of the City that title to and possession of the necessary real property interests described in Exhibit A be acquired, if necessary, through use of the power of eminent domain; and WHEREAS, the City Council finds, given the need to submit the project to bid in the fall of 2019, that the use of the quick -take procedures in Minnesota Statutes section 117.042 is necessary so the title may be in place prior to bidding. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes: 1. The property interests described in Exhibit A, attached hereto and made a part hereof as though fully set forth at this point, shall be acquired for the stated public purposes, and that the interests shall be acquired, if necessary, through the exercise of the power of eminent domain. 2. City staff, City consultants, and the law firm of Rupp, Anderson, Squires & Waldspurger are authorized and directed to take all steps necessary on behalf of the City to fulfill the purposes of this resolution and to acquire the property interests described herein by serving a notice of quick -take under Minn. Stat. § 117.042, together with other required documents, and filing an action in eminent domain if necessary. 3. The City's legal counsel and representatives are authorized to remove any properties listed in Exhibit A from the eminent domain proceedings if the City settles with the property owners between the adoption of this resolution and the filing of a petition in district court. Adopted by the Council of the City of Lino Lakes this 28th day of May, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, -Maher, Stoesz, Manthey, Reinert The following voted against same: none Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Exhibit A Parcel 1 Property Description: 7482 Peltier Lake Dr., Lino Lakes, MN 55038 PID No. 14-31-22-13-0002 Nature of Interest to be Acquired: Fee simple Legal Description of Interest to be Acquired That part of the North one-half (N '/2) of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, lying northerly of a line described as being parallel to and distant 100 feet southerly of the following described line: Commencing at the Northeast corner of said Section 14; thence South 00 degrees 22 minutes 35 seconds East assumed bearing along the east line of the North one-half (N '/2) said Section 14, a distance of 1828.12 feet; thence North 82 degrees 26 minutes 39 seconds West a distance of 215.04 feet; thence North 86 degrees 26 minutes 19 seconds West a distance of 818.30 feet; thence North 37 degrees 10 minutes 24 seconds West a distance of 336.32 feet to the point of beginning of said line to be hereinafter described; thence North 56 degrees 23 minutes 21 seconds West a distance of 103.17 feet, to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14; thence northwesterly a distance of 15.62 feet, along a non -tangential curve concave to the southwest, having a radius of 175.00 feet, a central angle of 05 degrees 06 minutes 55 seconds and a chord bearing of North 73 degrees 34 minutes 07 seconds West; thence northwesterly a distance of 381.63 feet, along a tangential curve concave to the northeast, having a radius of 526.50 feet and a central angle of 41 degrees 31 minutes 48 seconds; thence northwesterly a distance of 70.62 feet, along a tangential curve concave to the northeast, having a radius of 150.51 feet and a central angle of 26 degrees 52 minutes 56 seconds; thence northwesterly a distance of 66.62 feet, along a tangential curve concave to the southwest, having a radius of 150.00 feet and a central angle of 25 degrees 26 minutes 54 seconds; thence northwesterly a distance of 142.24 feet, along a tangential curve concave to the southwest, having a radius of 288.27 feet and a central angle of 28 degrees 16 minutes 16 seconds; thence westerly a distance of 49.61 feet, along a tangential curve concave to the south, having a radius of 69.92 feet and a central angle of 40 degrees 39 minutes 19 seconds; thence southwesterly a distance of 72.02 feet, along a tangential curve concave to the southeast, having a radius of 732.78 feet and a central angle of 05 degrees 37 minutes 51 seconds; thence westerly a distance of 65.71 feet, along a tangential curve concave to the north, having a radius of 148.95 feet and a central angle of 25 degrees 16 minutes 25 seconds; thence westerly a distance of 105.76 feet, along a tangential curve concave to the south, having a radius of 260.91 feet and a central angle of 23 degrees 13 minutes 28 seconds; thence southwesterly a distance of 177.16 feet, along a tangential curve concave to the southeast, having a radius of 384.83 feet and a central angle of 26 degrees 22 minutes 37 seconds; thence southwesterly a distance of 208.39 feet, along a tangential curve concave to the southeast, having a radius of 25,336.16 feet and a central angle of 00 degrees 28 minutes 17 seconds; thence southwesterly a distance of 69.48 feet, along a tangential curve concave to the northwest, having a radius of 106.31 feet and a central angle of 37 degrees 26 minutes 38 seconds; thence southwesterly a distance of 68.20 feet, along a tangential curve concave to the southeast, having a radius of 237.69 feet and a central angle of 16 degrees 26 minutes 24 seconds; thence westerly a distance of 59.09 feet, along a tangential curve concave to the north, having a radius of 60.88 feet and a central angle of 55 degrees 36 minutes 19 seconds; thence northwesterly a distance of 104.78 feet, along a tangential curve concave to the northeast, having a radius of 436.02 feet and a central angle of 13 degrees 46 minutes 07 seconds; thence northwesterly a distance of 35.05 feet, along a tangential curve concave to the northeast, having a radius of 76.57 feet and a central angle of 26 degrees 13 minutes 31 seconds; thence northwesterly a distance of 49.35 feet, along a tangential curve concave to the southwest, having a radius of 86.82 feet and a central angle of 32 degrees 33 minutes 55 seconds; thence northwesterly a distance of 130.74 feet, along a tangential curve concave to the southwest, having a radius of 401.69 feet and a central angle of 18 degrees 38 minutes 52 seconds; thence westerly a distance of 64.41 feet, along a tangential curve concave to the south, having a radius of 62.76 feet and a central angle of 58 degrees 47 minutes 55 seconds; thence westerly a distance of 40.95 feet, along a tangential curve concave to the north, having a radius of 35.05 feet and a central angle of 66 degrees 56 minutes 13 seconds; thence North 58 degrees 58 minutes 01 seconds West a distance of 155.28 feet, and said line there terminating. Said easement is to extend by its full width from West line of the Southeast Quarter of the Northeast Quarter of said Section 14 to the easterly right of way line of Peltier Lake Drive. Names of parties interested in the above -described land and nature of interest: Fee Owners: James W. Salo and Bernice M. Salo, individually and as trustees of the Trust Agreement of James W. Salo and Bernice M. Salo dated December 17, 2013 Mortgagee: Novation Credit Union Taxes: County of Anoka Taxes: Rice Creek Watershed District Taxes: Metropolitan Council Special Assessments: City of Lino Lakes Parcel 2 Property Description: 74XX 20th Ave., Lino Lakes, MN 55038 PID No. 14-31-22-14-0002 Nature of Interest to be Acquired: Permanent Easement and Temporary Easement Legal Description of Interest to be Acquired Permanent Easement That part of the North one-half (N '/2) of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, lying 25.00 feet either side of the following described centerline: Commencing at the Northeast corner of said Section 14; thence South 00 degrees 22 minutes 35 seconds East assumed bearing along the East line of the North one-half (N '/2) of said Section 14, a distance of 1828.12 feet to the point of beginning of said centerline to be hereinafter described; thence North 82 degrees 26 minutes 39 seconds West a distance of 215.04 feet; thence North 86 degrees 26 minutes 19 seconds West a distance of 818.30 feet; thence North 37 degrees 10 minutes 24 seconds West a distance of 336.32 feet; thence North 56 degrees 23 minutes 21 seconds West a distance of 103.17 feet, to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14, and said centerline there terminating. Said easement is to extend by its full width from the westerly right of way line of 20th Avenue North (CSAH No. 54) to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14. Temporary Easement That part of the North one-half (N '/2) of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, described as a strip of land 20.00 feet in width, the southerly line of which is contiguous with a line drawn parallel with and distant 25.00 feet northerly of the following described line: Commencing at the Northeast corner of said Section 14; thence South 00 degrees 22 minutes 35 seconds East assumed bearing along the East line of the North one- half (N '/2) of said Section 14, a distance of 1828.12 feet to the point of beginning of said centerline to be hereinafter described; thence North 82 degrees 26 minutes 39 seconds West a distance of 215.04 feet; thence North 86 degrees 26 minutes 19 seconds West a distance of 818.30 feet; thence North 37 degrees 10 minutes 24 seconds West a distance of 336.32 feet; thence North 56 degrees 23 minutes 21 seconds West a distance of 103.17 feet, to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14, and said line there terminating. Said temporary easement is to extend by its full width from the westerly right of way line of 20th Avenue North (CSAH No. 54) to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14. Names of parties interested in the above -described land and nature of interest: Fee Owners: Possible Ownership Interest: Possible Ownership Interest: Possible Ownership Interest: Possible Ownership Interest: Taxes: Taxes: Taxes: Special Assessments: Hal and Pamela Leibel Lyn and Royce Arvidson Jim Koehler LeeAnn Dye Mark and Colleen Dye County of Anoka Rice Creek Watershed District Metropolitan Council City of Lino Lakes Parcel 3 Property Description: 7482 Peltier Lake Drive., Lino Lakes, MN 55038 PID No. 14-31-22-14-0001 Nature of Interest to be Acquired: Fee Simple and Temporary Easement Legal Description of Interest to be Acquired Fee Simple That part of the North one-half (N %2) of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, lying southerly of a line described as being parallel to and distant 100 feet northerly of the following described line: Commencing at the Northeast corner of said Section 14; thence South 00 degrees 22 minutes 35 seconds East assumed bearing along the east line of the North one-half (N '/2) of said Section 14, a distance of 1828.12 feet; thence North 82 degrees 26 minutes 39 seconds West a distance of 215.04 feet; thence North 86 degrees 26 minutes 19 seconds West a distance of 818.30 feet; thence North 37 degrees 10 minutes 24 seconds West a distance of 336.32 feet; thence North 56 degrees 23 minutes 21 seconds West a distance of 103.17 feet, to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14, and the point of beginning of said line to be hereinafter described; thence northwesterly a distance of 15.62 feet, along a non -tangential curve concave to the southwest, having a radius of 175.00 feet, a central angle of 05 degrees 06 minutes 55 seconds and a chord bearing of North 73 degrees 34 minutes 07 seconds West; thence northwesterly a distance of 381.63 feet, along a tangential curve concave to the northeast, having a radius of 526.50 feet and a central angle of 41 degrees 31 minutes 48 seconds; thence northwesterly a distance of 70.62 feet, along a tangential curve concave to the northeast, having a radius of 150.51 feet and a central angle of 26 degrees 52 minutes 56 seconds; thence northwesterly a distance of 66.62 feet, along a tangential curve concave to the southwest, having a radius of 150.00 feet and a central angle of 25 degrees 26 minutes 54 seconds; thence northwesterly a distance of 142.24 feet, along a tangential curve concave to the southwest, having a radius of 288.27 feet and a central angle of 28 degrees 16 minutes 16 seconds; thence westerly a distance of 49.61 feet, along a tangential curve concave to the south, having a radius of 69.92 feet and a central angle of 40 degrees 39 minutes 19 seconds; thence southwesterly a distance of 72.02 feet, along a tangential curve concave to the southeast, having a radius of 732.78 feet and a central angle of 05 degrees 37 minutes 51 seconds; thence westerly a distance of 65.71 feet, along a tangential curve concave to the north, having a radius of 148.95 feet and a central angle of 25 degrees 16 minutes 25 seconds; thence westerly a distance of 105.76 feet, along a tangential curve concave to the south, having a radius of 260.91 feet and a central angle of 23 degrees 13 minutes 28 seconds; thence southwesterly a distance of 177.16 feet, along a tangential curve concave to the southeast, having a radius of 384.83 feet and a central angle of 26 degrees 22 minutes 37 seconds; thence southwesterly a distance of 208.39 feet, along a tangential curve concave to the southeast, having a radius of 25,336.16 feet and a central angle of 00 degrees 28 minutes 17 seconds to a point to be hereinafter referred to as Point A and said line there terminating. Together with that part of the North one-half (N '/2) of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Beginning at the previously described Point A; thence North 42 degrees 29 minutes 44 seconds West a distance of 99.17 feet; thence South 70 degrees 44 minutes 13 seconds West a distance of 68.90 feet; thence North62 degrees 29 minutes 06 seconds West a distance of 65.55 feet; thence North 36 degrees 16 minutes 45 seconds West a distance of 66.31 feet; thence North 54 minutes 33 minutes 01 seconds West a distance of 137.62 feet; thence North 65 degrees 36 minutes 52 seconds West a distance of 77.08 feet; thence North 85 degrees 27 minutes 22 seconds West a distance of 42.90 feet; thence South 76 degrees 08 minutes 14 seconds West a distance of 54.96 feet; thence North 62 degrees 45 minutes 26 seconds West a distance of 36.67 feet; thence North 85 degrees 10 minutes 26 seconds West a distance of 32.30 feet to the easterly right of way line of Peltier Lake Drive; thence southerly, along said easterly right of way line of Peltier Lake Drive, a distance of 330 feet to the South line of said North one-half (N '/2) of Section 14; thence easterly, along said South line of said North one-half (N '/2) of Section 14, a distance of 702 feet to the intersection with a line which bears South 42 degrees 29 minutes 44 seconds East and passes through Point A; thence North 42 degrees 29 minutes 44 seconds West a distance of 97.05 feet to the point of beginning. Temporary Easement That part of the North one-half (N '/2) of Section 14, Township 31 North, Range22 West, Anoka County, Minnesota, described as a strip of land 30.00 feet in width, the southerly line of which is contiguous with a line drawn parallel with and distant 100.00 feet northerly of the following described line: Commencing at the Northeast corner of said Section 14; thence South 00 degrees 22 minutes 35 seconds East assumed bearing along the east line of the North one- half (N '/2) of said Section 14, a distance of 1828.12 feet; thence North 82 degrees 26 minutes 39 seconds West a distance of 215.04 feet; thence North 86 degrees 26 minutes 19 seconds West a distance of 818.30 feet; thence North 37 degrees 10 minutes 24 seconds West a distance of 336.32 feet; thence North 56 degrees 23 minutes 21 seconds West a distance of 103.17 feet, to the West line of the Southeast Quarter of the Northeast Quarter of said Section 14, and the point of beginning of said line to be hereinafter described; thence northwesterly a distance of 15.62 feet, along a non -tangential curve concave to the southwest, having a radius of 175.00 feet, a central angle of 05 degrees 06 minutes 55 seconds and a chord bearing of North 73 degrees 34 minutes 07 seconds West; thence northwesterly a distance of 381.63 feet, along a tangential curve concave to the northeast, having a radius of 526.50 feet and a central angle of 41 degrees 31 minutes 48 seconds; thence northwesterly a distance of 70.62 feet, along a tangential curve concave to the northeast, having a radius of 150.51 feet and a central angle of 26 degrees 52 minutes 56 seconds; thence northwesterly a distance of 66.62 feet, along a tangential curve concave to the southwest, having a radius of 150.00 feet and a central angle of 25 degrees 26 minutes 54 seconds; thence northwesterly a distance of 142.24 feet, along a tangential curve concave to the southwest, having a radius of 288.27 feet and a central angle of 28 degrees 16 minutes 16 seconds; thence westerly a distance of 49.61 feet, along a tangential curve concave to the south, having a radius of 69.92 feet and a central angle of 40 degrees 39 minutes 19 seconds; thence southwesterly a distance of 72.02 feet, along a tangential curve concave to the southeast, having a radius of 732.78 feet and a central angle of 05 degrees 37 minutes 51 seconds; thence westerly a distance of 65.71 feet, along a tangential curve concave to the north, having a radius of 148.95 feet and a central angle of 25 degrees 16 minutes 25 seconds; thence westerly a distance of 105.76 feet, along a tangential curve concave to the south, having a radius of 260.91 feet and a central angle of 23 degrees 13 minutes 28 seconds; thence southwesterly a distance of 177.16 feet, along a tangential curve concave to the southeast, having a radius of 384.83 feet and a central angle of 26 degrees 22 minutes 37 seconds; thence southwesterly a distance of 208.39 feet, along a tangential curve concave to the southeast, having a radius of 25,336.16 feet and a central angle of 00 degrees 28 minutes 17 seconds to a point to be hereinafter referred to as Point A and said line there terminating. Said temporary easement is to extend by its full width from the West line of the Southeast Quarter of the Northeast Quarter of said Section 14 to a line that is radial to the last described curve and projects through the point of termination. Together with that part of the North one-half (N 1/2) of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, described as a strip of land 30.00 feet in width, the southerly line of which is contiguous with the following described line: Commencing at the previously described Point A; thence North 42 degrees 29 minutes 44 seconds West a distance of 99.17 feet to the point of beginning of the line to be hereinafter described; thence South 70 degrees 44 minutes 13 seconds West a distance of 68.90 feet; thence North 62 degrees 29 minutes 06 seconds West a distance of 65.55 feet; thence North 36 degrees 16 minutes 45 seconds West a distance of 66.31 feet; thence North 54 minutes 33 minutes 01 seconds West a distance of 137.62 feet; thence North 65 degrees 36 minutes 52 seconds West a distance of 77.08 feet; thence North 85 degrees 27 minutes 22 seconds West a distance of 42.90 feet; thence South 76 degrees 08 minutes 14 seconds West a distance of 54.96 feet; thence North 62 degrees 45 minutes 26 seconds West a distance of 36.67 feet; thence North 85 degrees 10 minutes 26 seconds West a distance of 32.30 feet to the easterly right of way line of Peltier Lake Drive and said line there terminating. Said temporary easement is to extend by its full width from a line that bears North 42 degrees 29 minutes 44 seconds West and projects through Point A to the easterly right of way line of Peltier Lake Drive. Names of parties interested in the above -described land and nature of interest: Fee Owners: Possible Ownership Interest: Possible Ownership Interest: Possible Ownership Interest: Possible Ownership Interest: Taxes: Taxes: Taxes: Special Assessments: Hal and Pamela Leibel Lyn and Royce Arvidson Jim Koehler LeeAnn Dye Mark and Colleen Dye County of Anoka Rice Creek Watershed District Metropolitan Council City of Lino Lakes