HomeMy WebLinkAboutResolution - 1018B - Project I.C. 51-264 (N.E. Area Trunk Sewer Project) - 07/22/1975 CIrr1 OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. ► C 1
A RESOLUTION AUTHORIZING THE ACQUISITION OF LANDS
EITHER BY PURCHASE OR CONDEMNATION PROCEEDINGS
UNDER THE RIGHT OF EMINENT DOMAIN FOR THE PURPOSE
OF' CONSTRUCTLNG, OPERATING, AND MAINTAINING UNDER—
GROUND UTILITIES .
WHEREAS , it has been necessary for the City of Eden Prairie, a
municipal corporation, located in Hennepin Countv, Minnesota , to
acquire from time to time lands for the use of construction, operation,
and maintenance of underground utilities because of the rapid growth
and development of the City; and
WHEREAS , the City of Eden Prairie has completed a comprehensive
plan for the City, which plan designates certain areas as being
logical and appropriate areas to develop for underground utilities ;
and
WHEREAS , the installation of said underground utilities is necessary
for the development of said community and the health and welfare of the
residents therein ; and
WHEREAS , subsequent thereto , the City has adopted the said com-
prehensive plan which provides for the installation, operation and
maintenance of underground utilities ; and
WHEREAS , the following described tracts , pieces , and parcels of
land are necessary for the development and installation of said under-
ground utilities , to-wit :
Parcel No. 1 That parcel of land lying within Parcel No. 800
y located in Sec . 12 , T. 116 N, R. 22 W and 15 feet
on either side of the traverse described as -follows :
Commencing at the N.E . corner of the N.E. 4 of
Secs . 12 , T. 116 N, R. 22 W; thence Westerly along
the North line of. said N. E. :4 a distance of
881 . 5 feet to point of beginning thence
Southerly deflecting to the left 75 degrees
30 minutes a distance of 228. 23 feet ; thence
Southwesterly deflecting to the right 9 degrees
a distance of 295 . 2 feet ; thence Southwesterly
deflecting to the right 16 degrees a distance
of 749. 3 feet ; thence Westerly deflecting to
the right 46 degrees a distance of 165 feet ;
thence Southerly deflecting to the left 89
degrees 17 minutes a distance of 232 feet more
or less to the South line of the N.W. 4 of the
N. E . 4 of said section 12 ; thence Westcrlv a
distance of 934 feet more or less to the S .W.
corner of the N.W. 4 of the N. E. 4 of said
Section 12 there terminating.
A further temporary construction easement described
as follows :
That parcel of land 30 feet in width lying on
both sides of and adjacent to the aforedescribed
perpetual easement.
Parcel No . 2 That parcel of land lying within Parcel No . 400
located in Sec . 12, T. 116 N, R. 22 W and 3.5 feet
j on either side of the traverse described as follows :
i{k Commencing at the N. E. corner of the N. E. of
Sec . 12 , T. 116 N, R. 22 W; thence Westerly along
the North line of said N. E. � a distance of 881 . 5
feet to point of beginning thence Southerly deflecting
to the left 75 degrees 30 minutes a distance of 2.28 . 23
feet ; thence Southwesterly deflecting to the right 90 a
distance of 295 . 2 feet ; thence Southwesterly deflecting
to the right 16 degrees a distance of 749. 3 feet ;
thence Westerly deflecting to the right 46 degrees a
distance of 165 feet ; thence Southerly deflecting
to the left e9 degrees 17 minutes a distance of 232
feet more or less to the South line of the N.W. a of
the N.E. 4 of said Section 12 ; thence Westerly a
distance of 934 feet more or less to the S .W. corner
of the N.W. 4 of the N. E. 4 of said Sectio.n 12 and there
terminating.
A further temporary construction easement described
as follows
That parcel of land 30 feet in width lying on both
I sides of and adjacent to the aforedescribed perpetual
easement ; the North 30 feet of the West 200. 7 feet
of the East 881. 5 feet East of and adjacent to the
aforedescribed temporary easement, of said Parcel No .
400 .
Said temporary construction easements shall expire on July 1,
1976 .
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Parcel No . 3 .
That part of Section 12 , North , PancTe 22 jr-st of t In C,
Fifth Principal Meridiatn descri hod as CoTTuiienciilq, at t1r,c'.
Southwest corner of tt Nortlivrc!st- Ouarter. of said Sc-ction 12 ;
thence East along the F:outh line- of said NInrthwe-s-IC. C,)uarter to
the Westerly line of7 the rirTht of I i-ne of: U . S . Trunk lliahwal,?,
No. 1.09 which is thr, actual point of hoclinninq of the lane! to 1-,(,
desc-ribecl ; thence Northerl, a-lonq said 'V.Iestei. -y line to the North
line of the Southwest Quart-(�r of Northwest Quarter C)-.F:' said Section
12 ; thence Fast to the Northeast corn(-r of the North Half of the
Southeast Quarter of the Nor_ thwo-st Quarter of said Section ; thence
South along the T-ast line of the North Half of the Southeast
Quarter of the Northwest Quarte-1- to a point 21 feat north of the
SoutIleast corner of said tract ; thence .,.,csterly in C-1 straicrIlt line
to a point 112 feet east- of the PJest linc, an(I 14 . 5 feet north of
-- n(--� of t he South lihe North Half of the Southeast Quarter of the
4 1- - ,I
Northwest Quarter of said So-c-tioll 1.2 ; thence- southv,7esterly 205 . 7
feet to a point 488 -feet north of the South 1 ;.ne ancl 6 . 5 feet west
of the Fast line of the Southwest Quarter of the Northwest Quarter
of said Section 12 ; thence southeasterly to the Southeast corner
of the Southwest Quarter of the Northwest Quarter of said section ;
thence south along the East line of the West Half of the Southwest
Quarter of Section 3-2 , a distance of 808 . 5 feet ; thence south-
viesterlv 341. 4 feet more or les-t; to a point in -cho center line of
County Road Number 39 distant 15. 5 Feet westerly -measured along
the center line of said road from its intersection v7i-th the East
line of the West half of the Southwest Quarter of said Section 12 ;
thence Westerly along the center line of said road to the West line
of Section 12 ; thence north along said West line to its intersection
with the we.sterly line of the ricfht of line of U. S . Trunk
Highway No . 169 ; thence northerly E.long said v,,r--sterly line of said
right of way to thr� point of he-c[inning except that part of the West
half of the Southwest Quarter of Section 12 , Township I]-E; , Range
22 described ils follows : Beqinninq at a point _i-n the center line
cf Count,.,T Road No . 39 as now laid
out and travelledwhich point
bears South 450 15 ' East 236 . 1 feet from a point in the West line
of the S1,114 of said Section 12 , distant 1201 . 57 feet south of the
Northwest corner of said SW?1 ' thence South 450 15 ' Fast along the
center line of said road 27 . 4 feet ; thence Southeasterly along the
center 'Line of said road on a tan gential curve to the left- with
a radius of 333 . 65 feet, a distanco of 1-57 . 03 feet ; thence South
72o 14 ' Fast along the center line of said road , a distance of 79 . 4
feet; thence North 300 12 , r.,,,5-;t 1-76 . 1 -feet ; thence North 430 401
West 1317 . 5 feet ; thence South 600 10 ' West 255 . 6 feet to the point
of beginning . For purposes of the description in this exception
the West line of said SW 4 of Section 12 is assumed to be a duo
North and South line . Subject to that certain power line casement
over the Southwest Quarter of South,,-:est Quarter of Section 12 ,
Township 1-16 , Range 22 created by grant of record on filed in the
office, of the P\cqi-F;tc,.r of needs in ancl for the County of llenriepin ,
State of PIinnesota arid recorded in Book 1056 of Deeds , page 316 .
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Parcel No . 4. A perpetual easement for the purpose of construction,
operation and maintenance of underground utilities ,
said easement being described as follows :
The North 65 feet of the East 90 feet and the North
10 feet lying West of the East 90 feet of theb-
east Quarter of the Northwest Quarter of Section 12,
Township 13_6 North, Range 22 West, and the North 10
feet of the Southwest Quarter_ of said Northwest
Quarter bounded on the East by the East line of said
Southwest Quarter and on the west by the East line
of U . S . Il ighway No. 169.
Parcel No . 5 . A temporary construction easement , said easement
being described as follows :
A strip of land 15 feet in width lying Soutiz of the
aforedescr. ibed 10 foot perpetual easement and
adjoining it. Also, the East 10 feet of the Southeast
Quarter of said Northwest Quarter lying North of an
East-West line 21 feet North of the South Half of said
Southwest Quarter, and the East 120 feet of the North
95 feet , except the North 65 feet of the East 95 feet
of the Southeast Quarter of the Northwest Quarter , all
in Section 12 , Township 116 North, Range 22 West.
Said temporary construction easements shall expire on July 1,
1975 .
BE IT RESOLVED, that the City Council of the City of Eden Prairie
a municipal corporation, located in Hennepin County, Minnesota, has
determined that it is necessary for reasons hereinbefore set forth
that the City acquire said easements for the installation. of under-
ground utilities .
BE IT FURTHER RESOLVED, that the City Attorneys , PERBIX, HARVEY,
SIMONS & THORFINNSON, P .A. , Hopkins , Minnesota be , and they hereby are ,
empowered and directed to proceed to acquire the same by purchase or
condemnation under the right of eminent domain according to the laws
of this State, and 'that such proceedings be commenced, and that the
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Mayor and City Manager be, and they hereby are , authorized and
directed on behalf of the City to sign a petition directed to the
District Court of Hennepin County, Minnesota, praying for the ac-
quisition of said lands and the appointment of commissioners to
appraise the same.
ADOPTED by the City of Eden Prairie thisr i,N day of�,�t�r�`"T ,
1975 .
David W. Osterholt, Mayor
ATTEST:
Joh mane, itv Clerk
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