HomeMy WebLinkAboutResolution - 81-21 - Eminent Domain Proceedings - IC 51-288 - 01/20/1981 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO . R81-21
RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION
OF CERTAIN LANDS BY EMINENT DOMAIN
I . C . 51-288
WHEREAS , the City Council is empowered by Minnesota Statutes
412 _ 221 and other pertinent provisions of law , to establish and
maintain sewers and means of water supply ;
WHEREAS , the City is empowered by Minnesota Statutes 412. 211
to ac - ire real property, as the purposes of the City may require ,
by condemnation;
WHEREAS , the City Council by Resolution No.80-166on September 2 ,
1980 ordered the construction of improvements designated as
Project IC . 51-288 ;
WHEREAS , the office of the City Engineer has prepared plans and
specifications for the construction of said project;
WHEREAS , the City Council by Resolution No.80-21.8on November 4
1980 awarded the contract for said project to Nodland Associates ,
Inc. ;
WHEREAS , the City needs to acquire easements for said project
as described on the attached Exhibit .A;
WHEREAS , it is necessary , advisable and expedient and in the
public interest to acquire the easements described in Exhibit A as
recommended by the City Engineer for the purpose of such improvement ;
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City
of Eden Prairie, Minnesota :
1 . The City shall proceed by eminent domain to acquire title
to the easements described in Exhibit A.
2 . The City Attorney .is authorized and directed to prepare
petitions and serve notices as required by law and to prosecute
such proceedings -to a successful c:-)nclusion or until abandoned ,
dismissed or terminated by the City or by the court , and the City
Attorney, the Mayor and the Clerk shall do all things necessary in
connection with the commencement, prosecution and successful termin-
ation of such proceedings . It is understood that if the City
Attorney can obtain the required easements in writing by negotiation
at any time the said lands shall not be included or shall be
dismissed from said proceedings .
ADOPTED, by the City Council of Eden Prairie this 20th day of
January 1981 .
6111
W9'lfg aWg Penzel , Mayor
ATTEST:
Jo/ ane , Clerk SEAL,
1
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NORTHWEST QUARTER, SECTION 3 , TOWNSHIP 116 NORTH, RANGE 22 WEST
A 15 . 00 foot permanent easement and a 40. 00 foot temporary construction
easement for utility installation and maintenance purposes over, under
and across the Northwest Quarter of Section 3, Township 116 North , Range
22 West, Hennepin County. Said permanent easement lies within 10. 00 feet
left arij 5. 00 feet right and said temporary construction easement lies
within 2.0. 00 feet left and 20. 00 feet right of -the following described
line .
Commencing at the intersection of the north line of said Northwest Quarter
and the northwest right of way 'line of the Chicago and Northwestern
Transportation Company; thence southwesterly along said northwest right
of way line 1442 . 21 feet to the point of beginning; thence southeasterly
at a right angle 100. 00 feet to the southeast right of way line of the
Chicago and Northwestern Transportation Company and there terminating.
Said temporary easement to expire on or before December 31 , 1981 .
Said temporary easement containing 4000 square feet, more or less .
Said permanent easement containing 1500 square feet, mor•.e or less .
EXHIBIT A
Page 1 of 4
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EXHIBIT A
Page 2 of 4
NORTHWEST QUARTER, SECTION 3 , TOWNSHIP 116 NORTH, RANGE 22 WEST
A 10. 00 foot permanent easement and a 40 .00 foot temporary construction
easement. for utility installation and maintenance purposes oaer, under and
across the Northwest Quarter of Section 3, Township 116 North, Range 22
►West, Hennepin County. The centerl ine of said easements is described as
follows :
Commencing at the southwest corner of said Northwest Quarter; thence
northerly along the west line of said Northwest Quarter 488.22 feet to
the northwest right of way line of the Chicago and Northwestern Trans-
portation Company; thence deflecting to the right 28 degrees 21 minutes
30 seconds along said northwest -right of way line a distance of 188.01
feet to the point of beginning ; thence southeasterly at a •right angle
100. 00 feet to the southeast right of way line of the Chicago and
Northwestern Transportation Company and there terminating.
Said temporary easement to expire on or before December 31 , 1981 .
Said temporary easement containing 4000 square feet, more or less .
Said permanent easement containing 1000 square feet, more or less .
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EXHIBIT A
Page 3 of 4
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EXHIBIT A
Page 4 of 4