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HomeMy WebLinkAbout2005.04.18 RESO 2005-0023V. CITY OF HUGO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2005 - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO AUTHORIZING THE ACQUISITION OF NECESSARY RIGHT OF WAY AND EASEMENTS IN CONNECTION WITH THE CSAH 8/14 IMPROVEMENT PROJECT WHEREAS, the City of Hugo, Washington County and Anoka County are engaged in planning for the improvement and reconstruction of County State Aid Highway 8/14. These improvements are undertaken because the existing roadway was constructed 35 years ago, the pavement condition and its alignment have become safety concerns, the in-place roadway lacks sufficient bicycle and pedestrian access, access spacing is not acceptable and the accident rate on the road exceeds permissible thresholds; and WHEREAS, the redesign and reconstruction of the road requires the acquisition of property for purposes of right-of-way, ponding and the creation of necessary arterial roadways, among other things. In addition, the construction of the road corridor triggers the need for the City of Hugo to construct related and integrated arterial roadways for efficient access to properties to the north and south, and attendant improvements such as stone water ponding areas and to acquire right-of-way and easements for these purposes; and WHEREAS, the construction of CSAH 8/14 and Oneka Parkway is to begin as early as possible this year and the construction of Oneka Parkway is to be done in connection with development construction to the north, scheduled to begin in Summer 2005; and WHEREAS, the lands to be acquired are described on Exhibit A and include: I . Roadway right-of-way for Oneka Parkway North of CSAH 8; 2. Street, drainage, utility and ponding easement for utilities and drainage improvements adjacent to, or needed in connection with, Oneka Parkway; 3. All temporary easements associated with the Oneka Parkway and CSAH 8 improvements; WHEREAS, the City has authority to acquire right-of-way and easements pursuant to Minn. Stat. §§ 117.011 et. seg.; 117.016 et. seg; and § 117.042 prior to the filing of an award by the court appointed commissioners. WHEREAS, the following persons own or have an interest in a portion of said lands for required easements. Marvin J. LaValle Judith E. LaValle Johnson Wholesale Florist, Inc. Western Bank Itasca Business Credit, Inc. WHEREAS, appraisals have been completed of the affected properties. NOW THEREFORE, be it resolved, 1. Pursuant to the provisions of Minnesota Statutes § 117.036, the City Council hereby approves the appraisals prepared by McKenzie Metro Appraisal for the subject acquisitions and authorizes the City Staff to forward a copy of the appraisals to the Respondents; to inform the Respondents of the right to get their own appraisal; and to negotiate the acquisition of the subject easements and right- of-way in good faith with the Respondent property owners. 2. Pursuant to Minnesota Statutes § 117.042, the City Attorney is hereby authorized to prepare all necessary documents relating to the condemnation proceedings and to take all necessary action to acquire a Quick Take Order from the Court to accommodate the construction schedule for public and private improvements in connection with the improvements. 3. That the City Council of the City of Hugo hereby authorizes the extension of offers to acquire the lands in the amount of the appraised damages according to the appraisals commissioned by McKenzie Metro Appraisal, and, if not successful, the acquisition of said land by eminent domain and to take title and possession of the land prior to the filing of an award by the court appointed commissioners pursuant to Minn. Stat. §§ 117.011 and 117.042, and that the City Attorney is requested to file the necessary proceedings and petitions therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Court. WHEREUPON, a vote being taken upon the motion, the following members voted in favor: Mike Granger, Chuck Haas, Becky Petryk, Frank Puleo, Fran Miron The following voted against: NONE Passed by the City Council for the City of Hugo this 18th day of April , 2005. ATTEST: A-"t� df'-� MaryCreager, City CleXJ Page 2 of 2 �/d .i LEGAL DESCRIPTION OF ACQUISITIONS Legal Description of Greater Parcel — THE TRACT: THE TRACT That part of the East %2 of the Northeast '/• of Section 19 and that part of the West 'h of the Northwest'/. of Section 20 all in Township 31 North, Range 21 West, Washington County, Minnesota, which includes Lot 1 of County Auditor's Plat No. 7 of the Village of Hugo, described jointly as follows: Commencing at the point of intersection of the west line of Section 20, which line is also the west line of Lot 1 of County Auditor's Plat No. 7, with the north line of the Hugo - Centerville Road, said point of intersection is 33 feet north of the west quarter comer of Section 20, thence north, along the west line of Section 20, 150 feet to the point of beginning, thence east, parallel with the south line of Lot 1 of County Auditor's Plat No. 7, 351 feet, more or less, to a point distant 280 feet west of the southwest comer of Lot 6, Block 7 of the Village of Hugo, thence north, a distance of 150 feet, thence east, parallel with the south line of Lot 1 of County Auditor's Plat No. 7, 250 feet to the point of Intersection with a line drawn parallel with and distant 30 feet west of the west line of Blocks 2, 3, 6 and 7 of the Village of Hugo, thence north, along said parallel line 986 feet, more or less, to the point of intersection with a line drawn parallel with and distant 30 feet south of the north line of the SW '/4 NW '/4 of Section 20, thence west, along said parallel line, 123.9 feet to a point 843.9 feet west of the east line of the SW NW '/4, thence northwesterly, along the southwesterly line of a tract described in Book 90 of Deeds, page 206, a distance of 900 feet to the most westerly comer of said tract, thence north 50 degrees east, along the westerly line of said tract described in Book 90 of Deeds, page 206, a distance of 400 feet to the northeast comer of the S'/2 NE% NE% of Section 19, thence west, along the north line of the S'/2 NE % NE % 1321.3 feet to the northwest comer of the S %2 NE'/4 NE 1/4 of Section 19, thence south, along the west line of NE % NE % of Section 19, a distance of 541.5 feet to a point 18 feet north of the southwest comer of the NE % NE %, thence north 88 degrees 07 minutes east, 592 feet to the most northerly corner of a tract described in Book 78 of Deeds, page 520, which point is on the middle line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, thence south 73 degrees 47 minutes east, along the northerly line of said tract described in Book 78 of Deeds, page 520, a distance of 600 feet to the northeast comer of said tract, thence south 8 degrees 55 minutes west, along the easterly line of said tract described in Book 78 of Deeds, page 520 a distance of 700 feet to the northwest comer of a tract described in Book 166 of Deeds, page 10, thence south 73 degrees 47 minutes east along the northerly line of said tract described in Book 166 of Deeds, page 10 and along the northerly line of a tract described in Book 167 of Deeds, page 395, a distance of 125 feet to the northeast comer of said tract described in Book 167 of Deeds, page 395, thence south 8 degrees 55 minutes west along the easterly line of said tract described in Book 167 of Deeds, page 395, a distance of 280 feet, more or less to the northerly line of the Hugo - Centerville Road, thence southeasterly along said northerly road line, 170 feet, more or less, to the west line of a tract described in Book 138 of Deeds, page 506, thence north, along the west line of said tract described in Book 138 of Deeds, page 506, a distance of 88 feet, more or less, to the northwest corner thereof, thence east along the north line of said tract described in Book ' J 138 of Deeds, page 506 and along the north line of said tracts described in Book 133 of Deeds, ' page 218 and Book 120 of Deeds, page 241, a distance of 64 feet to the point of beginning; subject to the existing Branch No. 3 of Judicial Ditch No. 3. Permanent Easement for Street, Utility and Drainage Purposes: A strip of land 110.00 in width over that part of THE TRACT, the centerline of which is described as follows: Commencing at the southeast comer of the Southeast Quarter of the Northeast Quarter of Section 19, Township 31 North, Range 21 West, Washington County, Minnesota; thence North 87 degrees 37 minutes 52 seconds West, assumed bearing along the south line of said Southeast Quarter of the Northeast Quarter of Section 19, 1317.94 feet, to the point of beginning of said centerline to be hereinafter described; thence North 11 degrees 40 minutes 19 seconds East, 1029.41 feet; thence Northeasterly, 289.80 feet, along a tangential curve, concave to the southeast, having a radius of 470.00 feet and a central angle of 35 degrees 19 minutes 41 seconds; thence North 47 degrees 00 minutes 00 seconds East, tangent to the last described curve, 332.52 feet; thence Northeasterly, 366.88 feet, along a tangential curve, concave to the Northwest having a radius of 470.00 feet and a central angle of 44 degrees 43 minutes 30 seconds; thence North 02 degrees 16 minutes 30 seconds East, tangent to the last described curve, 140.85 feet, to said north line of the South half of the Northeast Quarter of the Northeast Quarter of Section 19, and said centerline there terminating. Said strip of land is to extend by its full width from the south line of THE TRACT, to said north line of the South %Z of the Northeast % of the Northeast % of Section 19. Said Temporary Construction Easement on a portion of THE TRACT described as follows: A strip of land 20.00 feet in width over that part of THE TRACT, described above, easterly line of which is contiguous with the westerly line of the above described permanent right of way for Street, Utility and Drainage purposes: Said strip of land is to extend by its full width from said south line of THE TRACT, to said north line of the South half of the Northeast %f the Northeast %f Section 19. And also a strip of land 20.00 feet in width over that part of THE TRACT, the westerly line of which is contiguous with the easterly line of the above described permanent easement for street, utility and drainage purposes: Said strip of land is to extend by its full width from said south line of THE TRACT, to said north line of the South half of the Northeast %f the Northeast %f Section 19. LEGAL DESCRIPTION THE TRACT That part of the East Y2 of the Northeast''/. of Section 19 and that part of the West 1/2 of the Northwest % of Section 20 all in Township 31 North, Range 21 West, Washington County, Minnesota, which includes Lot 1 of County Auditor's Plat No. 7 of the Village of Hugo, described jointly as follows: Commencing at the point of intersection of the west line of Section 20, which line is also the west line of Lot I of County Auditor's Plat No. 7, with the north line of the Hugo -Centerville Road, said point of intersection is 33 feet north of the west quarter corner of Section 20, thence north, along the west line of Section 20, 150 feet to the point of beginning, thence east, parallel with the south line of Lot 1 of County Auditor's Plat No. 7, 351 feet, more or less, to a point distant 280 feet west of the southwest comer of Lot 6, Block 7 of the Village of Hugo, thence north, a distance of 150 feet, thence east, parallel with the south line of Lot I of County Auditor's Plat No. 7, 250 feet to the point of Intersection with a line drawn parallel with and distant 30 feet west of the west line of Blocks 2, 3, 6 and 7 of the Village of Hugo, thence north, along said parallel line 986 feet, more or less, to the point of intersection with a line drawn parallel with and distant 30 feet south of the north line of the SW '/. NW %. of Section 20, thence west, along said parallel line, 123.9 feet to a point 843.9 feet west of the east line of the SW '/. NW ''h, thence northwesterly, along the southwesterly line of a tract described in Book 90 of Deeds, page 206, a distance of 900 feet to the most westerly comer of said tract, thence north 50 degrees east, along the westerly line of said tract described in Book 90 of Deeds, page 206, a distance of 400 feet to the northeast comer of the S''/z NE'/. NE'/, of Section 19, thence west, along the north line of the S %z NE '/4 NE '/. 1321.3 feet to the northwest corner of the S '/z NE '/4 NE '/, of Section 19, thence south, along the west line of NE '/4 NE '/. of Section 19, a distance of 541.5 feet to a point 18 feet north of the southwest comer of the NE '/. NE '/., thence north 88 degrees 07 minutes east, 592 feet to the most northerly corner of a tract described in Book 78 of Deeds, page 520, which point is on the middle line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, thence south 73 degrees 47 minutes east, along the northerly line of said tract described in Book 78 of Deeds, page 520, a distance of 600 feet to the northeast comer of said tract, thence south 8 degrees 55 minutes west, along the easterly line of said tract described in Book 78 of Deeds, page 520 a distance of 700 feet to the northwest comer of a tract described in Book 166 of Deeds, page 10, thence south 73 degrees 47 minutes east along the northerly line of said tract described in Book 166 of Deeds, page 10 and along the northerly line of a tract described in Book 167 of Deeds, page 395, a distance of 125 feet to the northeast comer of said tract described in Book 167 of Deeds, page 395, thence south 8 degrees 55 minutes west along the easterly line of said tract described in Book 167 of Deeds, page 395, a distance of 280 feet, more or less to the northerly line of the Hugo -Centerville Road, thence southeasterly along said northerly road line, 170 feet, more or less, to the west line of a tract described in Book 138 of Deeds, page 506, thence north, along the west line of said tract described in Book 138 of Deeds, page 506, a distance of 88 feet, more or less, to the northwest comer thereof, thence east along the north line of said tract described in Book 138 of Deeds, page 506 and along the north line of said tracts described in Book 133 of Deeds, page 218 and Book 120 of Deeds, page 241, a distance of 64 feet to the point of beginning; subject to the existing Branch No. 3 of Judicial Ditch No. 3. LEGAL DESCRIPTION OF ACQUISITIONS Legal Description of Greater Parcel — THE TRACT: THE TRACT That part of Parcels 1 and 2 described below lying easterly of the East line of the West half of the Northeast Quarter of Section 19, Township 31, Range 21, Washington County, Minnesota. Parcel 1 All that part of the Northeast Quarter of Section 19, Township 31 North, Range 21 West, Washington County, Minnesota, bounded as follows, viz: Beginning at the Northwest comer of the South Half of said Northeast Quarter of said Section 19 running thence East along the North line of the South Half of said Northeast Quarter of said Section 1320, feet to the Northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 19; running thence North 18 feet to a point; running thence North 88 degrees 7 minutes East 592 feet to a point in the center line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, as laid out and opened through and across said Section; running thence South 47 degrees West along the center line of said Branch of said Ditch, 839.6 feet; running thence South 21 degrees 40 minutes West along said center line of said Branch of said Ditch, 314.2 feet to the center line of the Hugo and Centerville Road, so-called; thence running North 80 degrees 48 minutes West along said center line of said road, 699.5 feet to a point; running thence north 75 degrees 42 minutes West along said center line of said road, 491 feet to a point in the West line of the Northeast Quarter of said Section 19; running thence North along said West line of the Northeast Quarter of said Section 19, 598.4 feet to the point of beginning. Parcel 2 All that part of the Northeast Quarter of Section 19, Township 31, Range 21 West, Washington County, Minnesota, described as follows: Beginning at a point located by running from the quarter section comer between Sections 19 and 20, Township and Range aforesaid, North on the Section line 326 feet; thence West at right angles 300 feet to the point of beginning; thence North 8 degrees 55 minutes East, 900 feet; thence North 73 degrees 47 minutes West, 600 feet to the middle line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, as laid out and established on said tract; thence along the middle line of said Branch No. 3 as follows, to -wit: South 50 degrees 20 minutes West, 700 feet; thence South 45 degrees West, 100 feet; thence South 27 degrees West, 324 feet to the northern boundary line of the Hugo and Centerville Road, so-called, as the same is now traveled and laid out over said Section; thence South 79 degrees East on said northern boundary line, 1216.5 feet to the place of beginning, excepting therefrom, however, All that part of the South Half of the Northeast Quarter of Section 19, Township 31, Range 21, described as follows: Beginning at a point located by running from the quarter section comer between Sections 19 and 20, Township and Range aforesaid, North on the Section line, 326 feet; thence West at right angles 300 feet to the point of beginning of the property to be described; thence North 8 degrees 55 minutes West, a distance of 250 feet; thence North 81 degrees 5 minutes West, a distance of 60 feet; the South 8 degrees 55 minutes West, a distance 150 feet to the Hugo and Centerville Road, so-called; thence East along the North line of said Hugo and Centerville Road, so-called, a distance of 60 feet, more or less, to the point of beginning. All according to the U. S. Government Survey thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. Permanent Easement for Street. Utility and Drainage Purposes: A strip of land 110.00 feet in width over that part of THE TRACT, the centerline of which is described as follows: Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter of Section 19, Township 31 North, Range 21 West, Washington County, Minnesota; thence North 87 degrees 37 minutes 52 seconds West, assumed bearing along the south line of said Southeast Quarter of the Northeast Quarter of Section 19, 1317.94 feet, to a point to be hereinafter referred to as point "B", and also being the point of beginning of said centerline to be hereinafter described; thence North 11 degrees 40 minutes 19 seconds East, 1029.41 feet; thence Northeasterly, 289.80 feet, along a tangential curve, concave to the Southeast, having a radius of 470.00 feet and a central angle of 35 degrees 19 minutes 41 seconds; thence North 47 degrees 00 minutes 00 seconds East, tangent to the last described curve, 332.52 feet, and said centerline there terminating. Said strip of land is to extend by its full width from the northerly right of way line of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 146-C.S.A.H. 8, according to said plat on file and of record in the office of the County Recorder, Washington County, Minnesota, to the north line of THE TRACT. And that part of THE TRACT, which lies westerly of the westerly line of the above described permanent easement for Street, Utility and Drainage purposes, and which lies northerly of the northerly right of way line of said WASHINGTON COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 146-C.S.A.H. 8, and also which lies southeasterly of the following described line: Commencing at said above reference point "B"; thence North 11 degrees 40 minutes 19 seconds East, 623.30 feet, to the point of beginning of said line to be hereinafter described; thence South 56 degrees 40 minutes 19 seconds West, along a line to be hereinafter referred to as line "E", 120.21 feet, to said northedy right of way line of WASHINGTON COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 146-C.S.A.H. 8. And also that part THE TRACT, which lies easterly of the easterly line of the above described permanent easement for Street, Utility and Drainage purposes, and which lies northerly of said northerly right of way line of WASHINGTON COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 146-C.S.A.H. 8, and also which lies southwesterly of the following described line: Commencing at said above reference point "B" ; thence North 11 degrees 40 minutes 19 seconds East, 611.30 feet, to the point of beginning of said line to be hereinafter described; thence South 33 degrees 19 minutes 41 seconds East, along a line to be hereinafter referred to as line "F", 120.21feet, to said northerly right of way line of WASHINGTON COUNTY HIGHWAY RIGHT- OF-WAY PLAT NO. 146-C.S.A.H. 8. Permanent Easement for Utility, Drainage and Ponding Purposes: That part of THE TRACT, lying northwesterly of the northwesterly line of the above described permanent easement for Utility, Drainage and Ponding purposes, and which lies easterly of the west line of the east half of said Northeast Quarter Section 19, and also which lies northerly of said northerly right of way line of WASHINGTON COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 146-C.S.A.H. 8. Said Temporary Construction Easement on a portion of THE TRACT described as follows: A strip of land 20.00 feet in width over THE TRACT, the westerly line of which is contiguous with the easterly line of the above described permanent easement for Street, Utility and Drainage purposes. Said strip of land is to extend by its full width from said above reference line "F", to the north line of THE TRACT. LEGAL DESCRIPTION THE TRACT That part of Parcels 1 and 2 described below lying easterly of the East line of the West half of the Northeast Quarter of Section 19, Township 31, Range 21, Washington County, Minnesota. Parcel 1 All that part of the Northeast Quarter of Section 19, Township 31 North, Range 21 West, Washington County, Minnesota, bounded as follows, viz: Beginning at the Northwest corner of the South Half of said Northeast Quarter of said Section 19 running thence East along the North line of the South Half of said Northeast Quarter of said Section 1320, feet to the Northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 19; running thence North 18 feet to a point; running thence North 88 degrees 7 minutes East 592 feet to a point in the center line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, as laid out and opened through and across said Section; running thence South 47 degrees West along the center line of said Branch of said Ditch, 839.6 feet; running thence South 21 degrees 40 minutes West along said center line of said Branch of said Ditch, 314.2 feet to the center line of the Hugo and Centerville Road, so-called; thence running North 80 degrees 48 minutes West along said center line of said road, 699.5 feet to a point; running thence north 75 degrees 42 minutes West along said center line of said road, 491 feet to a point in the West line of the Northeast Quarter of said Section 19; running thence North along said West line of the Northeast Quarter of said Section 19, 598.4 feet to the point of beginning. Parcel 2 All that part of the Northeast Quarter of Section 19, Township 31, Range 21 West, Washington County, Minnesota, described as follows: Beginning at a point located by running from the quarter section comer between Sections 19 and 20, Township and Range aforesaid, North on the Section line 326 feet; thence West at right angles 300 feet to the point of beginning; thence North 8 degrees 55 minutes East, 900 feet; thence North 73 degrees 47 minutes West, 600 feet to the middle line of Branch No. 3 of Judicial Ditch No. 3, Washington and Anoka Counties, Minnesota, as laid out and established on said tract; thence along the middle line of said Branch No. 3 as follows, to -wit: South 50 degrees 20 minutes West, 700 feet; thence South 45 degrees West, 100 feet; thence South 27 degrees West, 324 feet to the northern boundary line of the Hugo and Centerville Road, so-called, as the same is now traveled and laid out over said Section; thence South 79 degrees East on said northern boundary line, 1216.5 feet to the place of beginning, excepting therefrom, however, All that part of the South Half of the Northeast Quarter of Section 19, Township 31, Range 21, described as follows: Beginning at a point located by running from the quarter section comer between Sections 19 and 20, Township and Range aforesaid, North on the Section line, 326 feet; thence West at right angles 300 feet to the point of beginning of the property to be described; thence North 8 degrees 55 minutes West, a distance of 250 feet; thence North 81 degrees 5 minutes West, a distance of 60 feet; the South 8 degrees 55 minutes West, a distance 150 feet to the Hugo and Centerville Road, so-called; thence East along the North line of said Hugo and Centerville Road, so-called, a distance of 60 feet, more or less, to the point of beginning. All according to the U. S. Government Survey thereof on file and of record in the office of the County Recorder, Washington County, Minnesota.