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HomeMy WebLinkAboutResolution - 82-197 - Authorizing and Directing the Acquisition of Certain Lands by Eminent Domain - 08/03/1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO . 82-197 RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION OF CERTAIN LANDS BY EMINENT DOMAIN WHEREAS , the City Council is empowered by Minnesota Statutes 412 . 221 , to lay out and open public ways and streets and establish and maintain sewers and is empowered by Minnesota Statutes 412 . 321 to construct and install all facilities reasonably needed to provide water supply ; WHEREAS , the City is empowered by Minnesota Statutes 412 . 211 to acquire real property , as the purposes of the City may require , by condemnation ; WHEREAS , the City Council by Resolution No . 82-07 on January 19 , 1982 , ordered the construction of improvements known as I .C . 51-308A, 51- 308C, 51-335 , 51-340A, and 51-398 , U"tility and street improvements on Valley View Road and Schooner Boulevard . WHEREAS , the City has had prepared plans and specifications for the construction of said projects ; WHEREAS , the City has been unable to acquire by negotiations all necessary easements and fee titles for said projects including the property and easements described on Exhibit "A" attached hereto and hereby made a part hereof ; WHEREAS , it is necessary , advisable and expedient and in the public interest to acquire fee title to and easements over the property situated within the boundaries of the above described projects as .recommended by the City Engineer for the purposes of such projects including the property described on Exhibit "A" ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie , Minnesota : 1. The City hereby authorizes the institution of eminent domain proceedings to acquire title to or easements over the property situated within the boundaries of the above described projects , including the property specifically described in Exhibit "A" , in such locations and in such nature of ownership as shall be determined by the City Engineer . { Page -2- 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 conclusion 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 termination of such proceedings . It is understood that if the City attorney can obtain the required right-of-ways 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 3rd day of August, 1982 . Wolf. npf H. Penzel , Mayor ATTEST : John-. 'Frane , Clerk Parcel 2 Description For The City Of Eden Prairie Project No. I .C. 51-308A Schooner Boulevard Right-Of-Way That part of Lot 8, AUDITORS SUBDIVISION NUMBER 355, HENNEPIN COUNTY, MINNESOTA, according to the plat thereof, on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying southerly of the following described fine: Corrmrrenc i ng at the southeast corner of said Lot 8; thence South 80 degrees 34 ininutes 52 seconds West, assumed basis for bearings, 44 .72 M D feet, along the south fine of said Lot 8 to the point of beginning of the line to be described; thence South 84 degrees 23 minutes 42 N seconds West 134 .78 feet; thence North 41 degrees 04 minutes 14 seconds West 30.95 feet to the west line of said Lot 8 and there terminating. L � V fI '-icreby certify that this i was prepared by me or under my direct Supervision and that 1 am a duly registered i Land Surveyor t'nder the laws of the State of Minnesota. i See Attached Easement Map. j Thomas G. Ar-c::on]I l.t[,l. REG. NO. 12G82 Exhibit A Page 1 of 8 Parce 1 3 l Description For The City Of Eden Prairie Project No. I .C. 51-308A Schooner Boulevard Right-Of-Way That part of Lot 8, AUDITOR 'S SUBDIVISION NO. 335, HENNEPIN COUNTY, MINNESOTA, according to the plat thereof, on file and of record in the a office of the County Recorder, Hennepin County, Minnesota, described as l � follows: \ Beginning at the northwest corner of said Lot 8; thence North 88 O O degrees 04 minutes 19 seconds East, assumed basis for bearings, 6.80 M p feet along the north line of said Lot 8; thence South 07 degrees 23 t minutes 30 seconds West 47.68 feet to the west line of said Lot 8; thence North 00 degrees 48 minutes 25 seconds West 47.06 feet along said west line to the point of beginning. V I I)ereby certify that this PScr o� 1 was prepared by me or under my direct sLIpervision and that 1 am a duly registered Land Surveyor under the laws of the State of ' Minnesota. See Attached Easement Map. , Thornas G. Arneson][ MN. REG. NO. 12682 Page 2 of 8 Dat^ ?�-9Z �Z Parcel T-6 Description For The City Of Eden Prairie Project No. I .C. 51 -308A Schooner Boulevard Right-Of-Way A temporary easement for slope and road construction: purposes over, under and across that part of Lot 8, AUDITOR'S SUBDIVISION NUMBER 335, HENNEPIN COUNTY, MINNESOTA, according to the plat thereof, on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying west er I y and souther I y of the fo I I ow i ng descr I bed I i ne: �o O KJ Commencing at the northwest corner of said Lot 8; thence easterly M 75.00 feet along the north line of said Lot 8, thence southerly 193.00 feet deflecting to the right 109 degrees 00 minutes 00 seconds; thence easterly 200 feet deflecting to the left 116 degrees 29 minutes 27 seconds and there terminating. I hereby certify that this was prepared by me or under my direct �-Llpervision and that I anz a duly registered i Land Surveyor ender the laws of the State of Minnesota. See Attached Easement Map. Thomas G. Arneson II MN. REG. NO. 12682 Page 3 of 8 Dnt� __2�� _ '2 EAsE14EvT mAp FOR Cl T Y OF EDEW PRAIRIE � I 4 JVwnl Lit`8 6 i N88°44 /9'E I 1 .-•6.80 I 1 �`� /�/Lim / / -� / ♦ 4 `. � � � /,•, -, ram:' _ 1p 50 iao .c - .�:� I/ _-�'� .� ----+' __�•a5e„7errt parcel T 6 .. SCALE /N FEET pia o ��,Porary 580 3415.Z 44. 23 L'or• rCe Lot 8 134.78 S Pa ! z � --�� en 1,Permanent �a�"' � �- --""� I hereby-certi yf that this exhibit was prepared AREAS `_by me or under my direct supervision ,and that lam a duly Registered Land Surveyor zicl.7rcel ,2 �/, 057 sq. rrt Plprce1 3 160 sq. YOK under the laws of the State of Minnesota. 1 1 _1 Parcel r-6 15, 6Go Sy 101. 6557 R*g..wlI1N I.1, . 1 •/.1NI. 4.1.11. 1.1 �- 5 Reg No. �...� . EXN/B1 T Page 4 of 8 ;. Parcel T-25 t. DESCRIPTION FOR THE CITY OF EDEN PRAIRIE PROJECT NO. I .C. 51 -308A SCHOONER BOULEVARD RIGHT-OF-WAY A temporary easement for slope and road construction purposes over , under and across the following described property : That part of the South Half of the Northwest Quarter , and of the West Half of the Southwest Quarter, all in Section 12, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at the northeast corner of the North Half of the Southeast Quarter of the Northwest Quarter of said Section 12; thence south along the east I i ne of said North Half of the Southeast Quarter of the Northwest Quarter to a point distant 21 feet north from the southeast corner of sa i d North Ha I f of the Southeast Quarter of the Northwest Quarter; thence westerly to a point 112 feet west from O O sa i d east I i ne and 14.5 f eet north frorn the south I i ne of sa i d North Ha I f of the Southeast Quarter of the Northwest Quarter; thence southwesterly 205. 7 feet to a point 488 feet north from the south I ine of the Southwest Quarter of the Northwesl- Quarter of said Section 12, and (5. 5 fleet west from the east line of said Southwest p�. Quarter of the Northwest Quarter; thence southerly to the southeast corner of said Southwest Quarter of the Northwest Quarter; thence south along the east line of the West Half of the Southwest Quarter r4 of said Section 12 to the northerly line of County Road No. 39; thence southwesterly along said northerly line to the easterly line of U.S. Highway No. 169; thence northerly along said easterly line to the north line of the South Half of the Northwest Quarter of said Section 12; thence easterly along said north I i ne to the point of beginning . Said easement is that part of the above described property lying southerly of the following described line: - -- Commencing at the most northerly corner of Outlot C, GOLDEN STRIP, according to the plat thereof , on f ! le and of record in the off ice of i the County Recorder , Hennepin County , Minnesota; thence North 16 degrees 00 minutes 45 seconds West, assumed basis for bearings, 100.00 feet along the northerly extension of the easterly line of said Outlot I C; thence North 84 degrees 43 minutes 26 seconds West 87.37 feet; i thence North 30 degrees 46 minutes 27 seconds East 103.59 feet; thence i North 53 degrees 47 minutes 07 seconds East 157.41 ; thence North 62 `1 degrees 03 minutes 46 .seconds East 224. 12 feet; thence North 71 degrees 21 minutes 30 seconds East 175. 19 feet; thence North 86 degrees 38 minutes 01 seconds East 102. 18 feet; thence South 54 degrees 44 minutes 37 seconds East 71 .03 feet and there term i nat i ncQ. Said easement expires ,0C, c. -3, , l c?es— l ~ =c;' c2r. ; this 1-PS�r & io^ ::cs prepared by me or u nc;r my ci.rec s�--acrvision and that I am a duly regis:erc: Land Surveyor L Eder the laws of the State. o Page 5 of 8 fv'inne���� T,.-ras C. 1.1i;, REG. NO. 12::E. EASEMENT IYAR rae Cl TY OF EOEN (PRAIRIE 3 h 3 � I0 C M86°38'0/'E Area. Parse/ T-23-- 26,500 59.f1 s/ 00 3, �b 4000, Q 0 TemYora�y Pasem4nf � lO� ��,1�- � � �;• --�'" oa M 1 4� V / —S./ire of NW%s,5 W%s, Sec. /2 ago �� � ,\ , ,♦ N84.43'A w z �� o� -Mos f N%y Coy /QO 1D0 � \ Dutlot C SCAL E /N FEET V I hereby certify that this exhibit was prepared by me,or under my direct supervision ,and f that I am a duly Registered Land Surveyor 111PO `Yunder the laws of the State of Minnesota . F<wTI Ni/THAKSi+pRTATON,EWWOERWI AHC.i TEC TlF4' ���•-��--� IAND SWVEVNC; -^-- p T E SSELQ JA GA 5 It 21829 L+vF'49TY AVE SE fILAK-'(XS 6N 55A 1. E�i'�✓�B�T pa}e r,7- .r. B4_ Reg. No• l r £12 1 379 78 7A Page 6 of 8 Parcel T-23 4 DESCRIPTION FOR THE CITY OF EDEN PRAIRIE PROJECT NO. I .C. 51 -308A SCHOONER BOULEVARD RIGHT-OF-WAY A temporary easement for slope and road construction purposes over , under and across the following described property : That part of the West Half of the Southwest Quarter of Section 12, Township 116; Range 22, Hennepin County, Minnesota, described as follows : Beginning at a point on the south line of said Southwest Quarter distant 980.00 feet east from the southwest corner of said Southwest Quarter; thence northwesterly to a point on the southerly line of ev County Road No. 39 and passing thru a point distant 650 .00 feet east, at a right angle from a point on the west line of said Oo Southwest Quarter distant 1110.71 feet north from the southwest O O corner of said Southwest Quarter; thence northeasterly along the souther I y I i ne of sa i d County Road No. 39 to the west I i ne of the east 179.00 feet of said West Halt of the Southwest Quarter; thence th south a l ong sa i d west l i ne to the south I i ne of sa i d Southwest M Quarter; thence west along said south Iine to the point of K beginning. Except Highway. Said easement is that part of the above described property lying northerly of the following described line: Beginning at the most northerly corner of Outlot C, GOLDEN STRIP, f according to the plat thereof, on file and of record in the office of the County Recorder, Hennepin County, Minnesota; thence north- easterly 79.06 feet at an angle to the left from the easterly l i ne of said Outlot C of 115 degrees 15 minutes 45 seconds; thence north- easterly 175.03 feet, deflecting to the left 15 degrees 51 minutes 08 seconds; thence easterly 104.92 feet, deflecting to the right 46 degrees 08 minutes 18 seconds; thence northeasterly 211 .29 feet, deflecting to the left 20 degrees 04 minutes 05 seconds; thence easterly 100.00 feet, deflecting to the right 33 degrees 25 minutes 05 seconds and there terminating. i Said easement expires I hereby cer:i`:y that this �.as prepared by me or under my direct s,,pervision and that I am a duly regis'.ered Land Surveycr t 'ider the laws cf the Stata of Nlinneso-.p. — Thom--., G. . .. — -- . .',t N0. .. . _2 Page 7 of 8 EASEMENT NAP �'!7"y' !1� E04EN PRAIRIE 3 h a 3e 2 0 C v ill � 1 1 1 Area Paste/ 7--23'23,550 �g•F� 1 � :' 7",empormry Faserne.,�/ r�`'► �,,.® /00.00 .► a Farrel T-23 w O O 01711.1 , o of NONI* 5 W%s,Sre./2 Ot CP at ' �top0 2at7 Most N'/y� 115'!s'45' O T1 Awt4fZ/ 11tot t4etrs exhibit eras PePw*d W as,vw eadrr WU Arect OUPWVIowa ,aid tlrad't as d Itegisis red Land Srdn► Ytw aoder "As hmn ce "0 Sta% of minewwt®. . + Rog. . 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