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HomeMy WebLinkAboutCC RES 01-037 A RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENTS FOR THE HARDING STREET PONDING PROJECT Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 104706 Box: 31 Folder: RES 2001 Document: CC RES 01-037 A RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENTS FOR THE HARDING STREET PONDING PROJECT t • CITY OF ST. ANTHONY RESOLUTION NO. 01- 037 BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the "City"), WHEREAS, the City owns and operates a municipal storm sewer utility (the "Utility") pursuant to Minnesota Statutes, Section 444.015; WHEREAS, in connection with the construction of improvements to the Utility (the "Harding Street Ponding Project") it is necessary for the City to acquire perpetual utility and ponding easements over a portion of certain property in the City which is described in Exhibit A attached hereto; WHEREAS, the City has been negotiating with the owners of the property described in Exhibit A to acquire the required easements and to date the City has not entered into agreements to acquire the required easements, and in order to construct the Harding Street Ponding Project it will be necessary to procure the required easements by the right of eminent domain, pursuant to Minnesota Statutes, Chapter 117; • WHEREAS, the construction of the Harding Street Ponding Project makes it necessary for the City to acquire the required easements as soon as possible, and no later than May 25, 2001, and in order to construct such improvements on a timely basis it will be necessary to procure the required easements through a "quick-take" condemnation action, pursuant to Minnesota Statutes, Section 117.042. NOW, THEREFORE, BE IT RESOLVED, that in order to construct the Harding Street Ponding Project, the City proceed to acquire the required perpetual utility and ponding easements over a portion of the property described in Exhibit A attached hereto under its power of eminent domain and pursuant to Minnesota Statutes, Section 117.042; and that the attorneys for the City be instructed and directed to file the necessary petition or petitions therefore and to prosecute such action or actions to a successful conclusion, or until it is abandoned, dismissed or terminated by the City or the Court; and that the attorneys for the City, and the officers of the City do all things necessary to be done in the commencement, prosecution and successful termination of such eminent domain proceedings. • • BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of the perpetual utility and ponding easements over a portion of the property described in Exhibit A attached hereto by the City under its power of eminent domain is necessary to construct the Harding Street Ponding Project. Adopted this 13`" day of Febru , 2 01 V Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • -2- 02/16/01 FRI 12:07 FAX 612 340 8800 DORSEY WHITNEY 0 002 EXHIBIT A TO CITY OF ST. ANTHONY RESOLUTION NO. 01-037 The legal descriptions of targeted properties and easements to be taken by condemnation by the City of St. Anthony are as follows: PARCEL NO. 3 That part of Lot 5, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder,Hennepin County, Minnesota, which lies within the following permanent easement for ponding, utility and drainage purposes: The South 140.00 feet and the East 10.00 feet lying North of the South 140.00 feet of Lot 5, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder,Hennepin County, Minnesota. PARCEL NO. 5 That part of Lots 2 and 3, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying South of the North 134.00 feet thereof, which lies within the following permanent • easement for ponding,utility and drainage purposes: All of that part of Lots 2 and 3, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying South of the North 134.00 feet thereof. PARCEL NO. 6 That part of the North 149.20 feet of the East-half of Lot 19, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies within the following temporary easement for construction purposes: The West 20.00 feet of the North 120.00 feet of the East-half of Lot 19, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder,Hennepin County, Minnesota. PARCELNO. 9 That part of the West-half of Lot 18, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies within the following permanent easement for ponding, utility and drainage purposes: • 02/16/01 FRI 12:07 FAX 612 340 8800 DORSEY WHITNEY 121003 The North 120.00 feet of the West-half of Lot 18, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County,Minnesota. PARCEL NO, 10 That part of Lot 17, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies within the following permanent easement for ponding, utility and drainage purposes: The North 120.00 feet of Lot 17, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. PARCEL NO. 11 That part of Lot 15, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying East of the West 31.00 feet thereof and that part of the West 31.00 feet of said Lot 15 lying North of the South 125.00 feet, which lies within the following permanent easement for ponding,utility and drainage purposes: • The North 140.00 feet of Lot 15, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota.