HomeMy WebLinkAboutResolution 5108
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RESOLUTION NO. 5108
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE ACQUISITION OF EASEMENTS BY PROCEEDINGS
IN EMINENT DOMAIN
WHEREAS, the City of Mounds View (the "City") wishes
to reconstruct Old Highway 8 in the City to provide for the safe and
efficient movement of vehicles through the city; and
WHEREAS, the City Council has approved the plans and
specification for reconstruction of Old Highway 8; and
WHEREAS, in order to complete construction of the Old
Highway 8 improvements in accordance with those plans, it is necessary
for the City to acquire the easements described in Exhibit A attached
hereto (the "Easements"); and
WHEREAS, the City has been unable to determine the
whereabouts of all of the parties having a possible ownership interest
in the real estate to be encumbered by the Easements and therefore has
failed to agree upon terms of purchase of the Easements with the
owner; and
WHEREAS, the City Council needs to proceed with the
reconstruction of Olds Highway 8 in accordance with said plans and
specifications before the date when an award of commissioners may be
received in eminent domain proceedings; and
WHEREAS, the City Council further finds the
acquisition of the Easements through the exercise of eminent domain is
necessary for the completion of the Old Highway 8 improvements and
that such an exercise of eminent domain would be for a public purpose.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Mounds View Minnesota, hereby authorizes the City's
staff and city attorney, Kennedy & Graven, Chartered, to take all
necessary actions to acquire the Easements through eminent domain
proceedings and through use of the "quick take" procedures, as
described in Minn, Stats. 117.042.
ATTEST:
Adopted this 14th day of April, 1997.
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- I/)AM IAJ y!k, .
Duane cCarty, Mayor
(SEAL)
-If)Y, I: cJ f#t
Chuck Whiting, lty Clerk-Admlnlstrator
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EXIlIllIT A
LeJ.!.l:t1 Description of rcal estate to be encumbered by..J~A~nlC!l~:
Pmcel 10
Description of real estate owned by owner of real estate to be c/H:umbcrcd by cascment:
That part of the Northeast Quarter of the Northeast Quarter of Section 17.
Township 30, Range 23, Ramsey County, Minnesota described ,1S follows:
Bcginning at the intersection of the west line of the East 5] 6.12 feet ;md the north
line of the South 438.65 fect; thence northerly along said west line to the
southwesterly right of way line of State Trunk Highway No. 10 (now the
southwest right of way line of County State Aid Highway No. 77) as the same
now exists; thence northwesterly along said right of way line a distance of J 00
feet; thence southwesterly to a point on said nortll line of the South 438.65 feet,
100 feet Wcst of the point of beginning; thence easterly to the point of begil1l1ing.
Dcscription of Taking:
A permanent casement for highway purposcs over, ullde]", across and upon that part of the above
described real estate lying northeasterly of the following described line:
Beginning at a poin.! on the west line of the East 5] 6.12 fe(~t of said quarter
quarter section and 443.18 feet North of the south line of said quarter quarter
section, said west line having an assumed bearing of South 0 degrees 36 rninutes
26 seconds Ea'5t; thence North 30 degrees 06 minutes 38 seconds West for a
distance of 14.81 fect; thence North 51 degrees 07 minutes 09 seconds West for
a distance of 73.93 feet. more or less, to the northwesterly line of the hen.:inabove
described tract and thcre terminating.
Highway casement area: 1540 square feet more or less
Parcel lOA
Description of real est.1te owned by owner of real estate to be encumbered by easernents:
The South 438.65 feet of the Northeast Quarter of the Northeast Quarter of
Section 17, Township 30, R.Ulge 23, except t.herefrom the East 5] 6.] 2 kct. Also:
That part of said Northeast Quarter of the Northe:lSl Quarter described as follows:
Beginning at a point OJ) the west line of the East 5] 6.12 fect and the north line of
the South 438.65 feet; thence North to the southwesterly right of way liJ)e of Swte
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Trunk Highway No.1 0 (now the soutln:vest right "f way lioe of County State ^id
Highway No. 77) as the same now exists; theDce northwesterly along said right of
way line a distance of 1 00 feet~ tlll~nce southwesterly to a point on said north line
of the SQuth 438.65 feet, J 00 feet West of the point of beginning; thence easterly
to the point of begilU1ing.
DescriJ)tio,n of '.LJJ<..ing:
1. A permanent casement for drainage purposes over, lI11tkr, across and upon that part of the
above real estate which is described as fo11o\\/s:
Beginning at a point on the west line of the East 5] 6.12 [r..:et of said quarter quarter
section and 443. 18 feet North of the south line of said quarter quarter section, said west
line having an assumed bearing of South 0 degrees 36 minules 26 seconds Enst; thence
South 37 degrees 58 minutes 03 scconds West a distance of 20.79 [ect; thence South 52
degrees 01 minute 57 seconds East a distance of 16.58 feet, marc or less, to said west line
of the East 516.12 feet; thence northerly along said west line to the point of beginning.
2.
A temporary casement for slope purposes over, under, across (md upon that purt of the
above real estate which is lying between two lines described as follows:
Line 1:
BegilUling at a point on t.he west line of the East 516. I 2 ket of said
quarter quarter section and 443.18 feet North of t.he south line o[ said
quarter quarter section, said west line haviug an assumed bearing of South
o degrces 36 minutes 26 scconds East, said point to be known as Point
"A";
thence South 37 degrees 58 minutes 03 seconds West a distance of 20.79
feet; thence North 85 degrees 58 minutes 57 seconds West for a disull1ce
of 36.13 feet; thence North 47 degrees 39 minutes 21 seconds West for a
distance o[ 50.78 feet, more or less, to the northwesterly line of the
hereinabove described tract and there terminating.
Line 2:
Beginning at said Point "A", thence North 30 degrees 06 millutcs 38
seconds East for a distance of 14.81 feet; thclIce North 51 degrees 07
minutes 09 seconds West for a distance of 73.93 feel, more or less, to the
northwesterly line of the hereinabove dcscri bed tract and there terminating.
Permancnt easement area: 172 square feet more or less
Temporary slope easement area = 3503 square feet more or less
Said temporary easement expires December 31, 1997
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STATE OF MINNESOTA
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COUNTY OF RAMSEY
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I, the undersigned, being the duly qualified ~lerk-Administrator
of the City of Mounds View, Minnesota, hereby certify that I have
carefully compared the attached and foregoing with 'the original
thereof on file in my office, and the same is a full, true and
complete copy thereof, insofar as the same relates 'to:
RESOLUTION NO. 5102
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Resolution Authorizinq the Acquisition of Easements bv Proceedinqs in
Eminent Domain
WITNESS MY HAND, officially as such Clerk-Administrator and the
corporate seal of the City of Mounds View the 14th day of April, 1997.
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Chuck Whiting, ci y Clerk-Administrator
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EXIIIlllT A
Legal Description of rcal estate t.9 be_~ncumbered by L.E.;;_~}J1~!Jt>:
Parcel 10
Description of real estate owned by owner of real estate to be encumbered by easement:
That part of tbe Northeast Quarter of the Northeast Quarter or Section J 7.
Township 30, Range 23, Ramsey County, :tv1illncsota described as follows:
Bcgilming at the intersection of the west line of the East 5] 6.12 feet and the north
line of the South 438.65 feet; thence llortherly along said west line to the
southwesterly right of way line of State Trunk I-Iigh\vay No. J 0 (no\v the
southwest right of way Jint~ of County State Aid l-ligll\.vay No. 77) as the same
now exists; thence northwesterly along said right of way line a distance of 100
feet; thenct~ southwest.erly to a point on said north line of thc South 438.65 feet,
100 feet West of thc point of beginning; thence east.erly 1.0 the point of begilU1ing.
De~.qiptisnU)f Takil)g:
A permanent easemcnt for highway purposes over, under, across and upon that part of the above
described real estate lying northeasterly of the following described line:
Beginning at a poiut on the west line of the East 516.12 feet of said quarter
quarter scction and '143. J 8 feet North of the south line of said quarter quarter
section, said west. line having an assumcd bearing of South () degrees 36 minutcs
26 seconds East; thence North 30 degrees 06 minutes 38 seconds West for a
distance of 14.81 feet; thence North 51 degrees 07 minutes 09 seconds West for
a distance 01'73.93 feel. more or less, to the northwesterly line of the hereinabove
described tract and there terminating,
J-Jighway casement area: 1540 square feet more or less
farcel LOj}
Description of real estate owned by owner of real estate to be encumbered by easements:
The South 4:)8.65 feet of the Northeast Quarter of the Northeast Quarter of
Section 17. Township 30, Range 23, except therefrom the East 516.12 ket. Also:
That part of said Northeast Quarter of the Northeast Quarter described as follows:
Beginning at a point on the west line of the Easl 516.12 fed and the north line of
the South 438.65 feet.; thence North to the southwesterJy right of way line of Stale
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Trunk j-ligll\vay No.1 () (now the soutll\.vest right of \vay lilJ~: of County Slat~ Aid
J-liglJ\vay No. '1'1) as t1w SaTlle now exists; tht~llCe northwesterly along said right of
\\lay line ;'l distance of ] 00 feet: thence southwesterly to a point Oil said north line
of the South 438.65 feet, 100 feet West of the poi))t of be!!,inning: thence casterly
to tbe point of beginning.
pcscri oti QI.1_().L.:.rnl~i!lli:
1. A permanent ca~;cmcnt for drainage purposes over, under, across and upon that part of the
above real cstak which is described as follovv's:
Beginning (It a poillt on the west liHe of the Easl 51 G. I 2 fed of said quarter quarter
sl:ction and tjlr). J 8 feet North of the south linc of said quarter Cju;Jrk:r section, s,iid west
line having an assumed bearing of South 0 ciei?,rces 36 JHinuks 26 seconds East: thence
South 37 degrecs 58 minutes 03 seconds West a distance of 20.79 feet; thence South 52
degrees 01 minute 57 seconds F:ast a distanct,; of 1 c).58 feel, more or less, to said Viest line
of tht,; East:; 16.12 fed: thence northerly along said west line to the point of beginning.
2.
A temporary casement for slop<..~ purposes over, under. across and upon that part of the
above real estatc whidl is lying. between two lines described as follows:
Line 1:
Bcginnjng at a point on the west line of the East .')] 6. J) ft~et of said
quarter quarter section ano 443.18 feet North of the sOllth Jjne of said
quarter quarter section, said west line having an assumed beariJJg of South
o degrees 36 minutes 26 seconds Ea.<;t, said point to he known as Point
'Ij\"~
thence South 37 degrees 5R minutes 03 seconds West a distance of 20.79
feet; thence North 85 degrees 58 minutes 57 seconds \Vesl Ii.>r a distance
of 36.13 feet; tlH~nce North 47 degrees 39 Ininutes 21 seconds West f()r a
distance of 50.7S feet, morc or less, to the northwesterly line of the
hereinabove described tract and there terminating.
Line 2:
Beginnillg at said Point "A", thence North 30 degrees 06 minutes .18
seconds East fex a distance or 14.81 feet; thence North 51 degrees 07
minutes 09 seconds West h>r a distance (If 73.93 Cect. more or less, to the
nOl1bwcsterly line of the hereinabove described tract and there terminating.
Permanent casement area: 17~~ square feet more or less
Ternpor31'y slope easement area = 3503 squcue feet Illon~ or less
Said ternporcuy easerncnt expires December 31, 1997
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