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HomeMy WebLinkAboutCity Council Resolution 2021-338 C ITY OF P LYMOUTH R ESOLUTION N O. 2021-338 R ESOLUTION A UTHORIZING C ONDEMNATION OF L AND FOR THE C OUNTY R OAD 47 R ECONSTRUCTION P ROJECT – P HASE 1 (ST220001) WHEREAS, the City Council of the City of Plymouth does hereby determine that it is necessary and for a public use and purpose to acquire fee title and/or permanent and temporary easements over the properties identified on the attached Exhibit “A”, subject to engineering modifications, if any, for purposes in connection with the County Road 47 Reconstruction Project – Phase 1 between County Road 101 and Lawndale Lane North in the City of Plymouth; and WHEREAS City staff and consultants have and will continue to work with the property owners to acquire the necessary fee title and/or easements; and WHEREAS, the City Council finds that development and construction conditions related to the area make it necessary to acquire title to, and possession of the property as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary fee title and/or permanent and temporary easements over the properties identified on the attached Exhibit “A”, subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire necessary fee title and/or easements pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary fee title and/or easements. 4. The City has obtained appraisals of the property being acquired and the Council hereby authorizes the City Manager or designee to approve the appraisals and continue negotiations with the property owners relating to the acquisition of the necessary interests. APPROVED by the City Council on this 14th day of December, 2021. Resolution No. 2021-338 Page 2 of 6 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on December 14, 2021, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of , . Jodi M. Gallup, City Clerk Resolution No. 2021-338 Page 3 of 6 EXHIBIT “A” Parcel 1 Proposed legal description for roadway easement purposes described as follows: That part of the West 516 feet of the East 1841 feet of the North Half of the Northeast Quarter of Section 6, Township 118 North, Range 22 West, Hennepin County, Minnesota lying northerly of the northerly right-of-way of HENNEPIN COUNTY RIGHT-OF-WAY NO. 47 PLAT 13 and southerly of the following described line and its northwesterly and easterly extensions: Commencing at the southwest corner of said West 516 feet thence South 89 degrees 13 minutes 31 seconds East, assumed bearing along the south line of said North Half of the Northeast Quarter, 470.93 feet to the point of beginning of the line to be described; thence North 82 degrees 10 minutes 02 seconds West, 168.33 feet; thence northwesterly 211.33 feet, along a tangential curve concave the north, having a radius of 1887.66 feet and central angle of 06 degrees 24 minutes 52 seconds; thence northwesterly 99.75 feet along a compound curve, having a radius of 1050.00 feet and central angle of 05 degrees 26 minutes 35 seconds to a West line of said West 516 feet. Proposed legal description for temporary roadway easement purposes described as follows: That part of the West 516 feet of the East 1841 feet of the North Half of the Northeast Quarter of Section 6, Township 118 North, Range 22 West, Hennepin County, Minnesota lying northerly of the northerly right-of-way of HENNEPIN COUNTY RIGHT-OF-WAY NO. 47 PLAT 13 lying northerly of the of the following described line and its northwesterly and easterly extensions: Commencing at the southwest corner of said West 516 feet thence South 89 degrees 13 minutes 31 seconds East assumed bearing along the south line of said North half of the Northeast Quarter, 470.93 feet to the point of beginning of the line to be described; thence North 82 degrees 10 minutes 02 seconds West, 168.33 feet; thence northwesterly 211.33 feet, along a tangential curve concave the north, having a radius of 1887.66 feet and central angle of 06 degrees 24 minutes 52 seconds; thence northwesterly 99.75 feet along a compound curve, having a radius of 1050.00 feet and central angle of 05 degrees 26 minutes 35 seconds to a West line of said West 516 feet. And lying southerly of the following described line and its northwesterly and easterly extensions: Commencing at the southwest corner of said West 516 feet, thence North 00 degrees 57 minutes 50 seconds East, assumed bearing along the West line of said West 516 feet, 118.92 feet to the point of beginning of the line to be described; thence South 75 degrees 58 minutes 44 seconds East, 385.95 feet; thence South 00 degrees 31 minutes 13 seconds West, 5.00 feet; thence South 89 degrees 28 minutes 47 seconds East, 140.00 feet to the East line of said West 516 feet distant 26.11 feet north of the southeast corner thereof. Resolution No. 2021-338 Page 4 of 6 Parcel 2 Proposed legal description for roadway easement purposes described as follows: That part of the West 643 feet of the East 1325 feet of the North 1/2 of the Northeast Quarter of Section 6, Township 118, Range 22, Hennepin County, Minnesota, Minnesota lying northerly of the northerly right-of-way of HENNEPIN COUNTY RIGHT OF WAY NO. 47 PLAT 13 and southerly of the following described line and its easterly and westerly extensions: Commencing at the southeast corner of said West 643 feet, thence North 00 degrees 57 minutes 50 seconds East, assumed bearing along the east line of said 643 feet 14.92 feet to the point of beginning of the line to be described; thence South 88 degrees 45 minutes 18 seconds West to said northerly right-of-way of HENNEPIN COUNTY RIGHT OF WAY NO. 47 PLAT 13. Proposed legal description for temporary roadway easement purposes described as follows: That part of the West 643 feet of the East 1325 feet of the North 1/2 of the Northeast Quarter of Section 6, Township 118, Range 22, Hennepin County, Minnesota, Minnesota lying northerly of the northerly right-of-way of HENNEPIN COUNTY RIGHT OF WAY NO. 47 PLAT 13 and northerly of the following described line and its easterly and westerly extensions: Commencing at the southeast corner of said West 643 feet, thence North 00 degrees 57 minutes 50 seconds East, assumed bearing along the east line of said 643 feet 14.92 feet to the point of beginning of the line to be described; thence South 88 degrees 45 minutes 18 seconds West to said northerly right-of-way of HENNEPIN COUNTY RIGHT OF WAY NO. 47 PLAT 13. and southerly of the following described line and its easterly and westerly extensions: Commencing at the southwest corner of said West 643 feet, thence North 00 degrees 57 minutes 50 seconds East, assumed bearing along the East line of said of said West 643 feet, 43.96 feet to the point of beginning of the line to be described; thence North 89 degrees 28 minutes 47 seconds West, 90.00 feet; thence South 00 degrees 31 minutes 13 seconds West, 10.00 feet; thence North 89 degrees 28 minutes 47 seconds West, 553.10 feet to a point on the west line of said 643 feet distant 31.11 feet North of the southwest corner thereof. Resolution No. 2021-338 Page 5 of 6 Parcel 3 Proposed legal description for roadway purposes described as follows: That part of the East 682 feet of the Northeast Quarter of the Northeast Quarter of Section 6, Township 118 North, Range 22 West of the 5th Principal Meridian, EXCEPTING 1.25 acres heretofore conveyed to School District No. 120, Hennepin county, Minnesota, situated in the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 6, by deed, in Book 115 of Deeds, on page 217 and by deed from William Dolan and Lydia Dolan, his wife, to School District No. 120, dated November 15, 1933, Hennepin County, Minnesota, lying northerly of the northerly right-of-way of HENNEPIN COUNTY HIGHWAY NO. 47 PLAT 13 and southerly of the following described line and its easterly and westerly extension: Commencing at the southwest corner of said East 682 feet, thence North 00 degrees 57 minutes 50 seconds East, assumed bearing along the West line of said East 682 feet, 14.92 feet to the point of beginning of the line to be described; thence North 88 degrees 45 minutes 18 seconds East, 138.73 feet; thence, North 87 degrees 28 minutes 55 seconds East, 247.56 feet; thence North 88 degrees 45 minutes 18 seconds East, to the West line of said, 1.25 acres heretofore conveyed to School District No. 120, Hennepin County, Minnesota, situated in the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 6, by deed, in Book 115 of Deeds, on page 217 and by deed from William Dolan and Lydia Dolan, his wife, to School District No. 120. Proposed legal description for temporary roadway easement purposes described as follows: That part of the East 682 feet of the Northeast Quarter of the Northeast Quarter of Section 6, Township 118 North, Range 22 West of the 5th Principal Meridian, EXCEPTING 1.25 acres heretofore conveyed to School District No. 120, Hennepin county, Minnesota, situated in the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 6, by deed, in Book 115 of Deeds, on page 217 and by deed from William Dolan and Lydia Dolan, his wife, to School District No. 120, dated November 15, 1933, Hennepin County, Minnesota, lying northerly the following described line and its easterly and westerly extensions: Commencing at the southwest corner of said East 682 feet, thence North 00 degrees 57 minutes 50 seconds East, assumed bearing along the West line of said East 682 feet, 14.92 feet to the point of beginning of the line to be described; thence North 88 degrees 45 minutes 18 seconds East, 138.73 feet; thence, North 87 degrees 28 minutes 55 seconds East, 247.56 feet; thence North 88 degrees 45 minutes 18 seconds East, to the West line of said, 1.25 acres heretofore conveyed to School District No. 120, Hennepin County, Minnesota, situated in the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 6, by deed, in Book 115 of Deeds, on page 217 and by deed from William Dolan and Lydia Dolan, his wife, to School District No. 120. And lying southerly of the following described line and its easterly and westerly extensions: Resolution No. 2021-338 Page 6 of 6 Commencing at the Southwest corner of said East 682 feet, thence North 00 degrees 57 minutes 50 seconds East assumed bearing along the West line of said East 682 feet, 43.96 feet to the point of beginning of the line to be described; thence North 88 degrees 41 minutes 42 seconds East, 454.02 feet; thence North 00 degrees 57 minute 05 seconds East, 70.99 feet; thence South 89 degrees 01minutes 58 seconds East to the West line of said, 1.25 acres heretofore conveyed to School District No. 120, Henne5in county, Minnesota, situated in the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 6, by deed, in Book 115 of Deeds, on page 217 and by deed from William Dolan and Lydia Dolan, his wife, to School District No. 120.