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HomeMy WebLinkAboutCity Council Resolution 2024-159 C ITY OF P LYMOUTH R ESOLUTION N O. 2024-159 R ESOLUTION A UTHORIZING C ONDEMNATION OF L AND FOR THE P LYMOUTH B OULEVARD I MPROVEMENTS P ROJECT (ST240003) 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 Plymouth Boulevard Improvement Project between State Highway 55 and Rockford Road 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 HEREBY 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. The City 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 23rd day of April, 2024. Resolution 2024-159 Page 2 of 5 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 April 23, 2024, 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 , . City Clerk Resolution 2024-159 Page 3 of 5 EXHIBIT “A” Parcel 1 Permanent Easement Description: A permanent easement for right of way purposes over, under, and across the following described property: Lot 1, Block 1, Plymouth Center, Hennepin County, Minnesota. Said permanent easement lies westerly of the following described line: Commencing at the most westerly corner of said Lot 1; thence North 22 degrees 53 minutes 21 seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 110.00 feet to the point of beginning of the line to be described; thence South 67 degrees 06 minutes 39 seconds East, a distance of 5.00 feet; thence South 22 degrees 53 minutes 21 seconds West, a distance of 40.58 feet; thence South 02 degrees 23 minutes 51 seconds East, a distance of 80.72 feet to the southwesterly line of said Lot 1, and said line there terminating. Temporary Easement Description: A temporary easement for construction purposes over, under and across that part of the following described parcel: Lot 1, Block 1, Plymouth Center, Hennepin County, Minnesota. Said temporary easement lies westerly and southerly of the following described Line A, except that part which lies westerly of the following described Line B: Line A: Commencing at the most westerly corner of said Lot 1; thence North 22 degrees 53 minutes 21 seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 90.00 feet to the point of beginning of the line to be described; thence South 12 degrees 29 minutes 24 seconds East, a distance of 106.06 feet; thence southeasterly, a distance of 141.85 feet along a non-tangent curve concave to the southwest, having a radius of 673.11 feet, a central angle of 12 degrees 04 minutes 27 seconds, and a chord which bears South 52 degrees 24 minutes 31 seconds East, a distance of 141.59 feet; thence South 66 degrees 39 minutes 08 seconds East, not tangent to the last described curve, a distance of 27.45 feet; thence southeasterly, a distance of 25.75 feet along a non-tangent curve concave to the southwest, having a radius of 683.11 feet, a central angle of 02 degrees 09 minutes 36 seconds, and a chord which bears South 43 degrees 07 minutes 53 seconds East, a distance of 25.75 feet; thence South 10 degrees 28 minutes 49 seconds East, not tangent to the last described curve, a distance of 29.56 feet; thence southeasterly, a distance of 26.59 feet along a non-tangent curve concave to the southwest, having a radius of 668.11 feet, a central angle of 02 degrees 16 minutes 50 seconds, and a chord which bears South 38 degrees 45 minutes 03 seconds East, a Resolution 2024-159 Page 4 of 5 distance of 26.59 feet; thence South 37 degrees 36 minutes 39 seconds East, tangent to the last described curve, a distance of 23.61 feet; thence North 52 degrees 23 minutes 22 seconds East, a distance of 10.00 feet; thence South 37 degrees 36 minutes 39 seconds East, a distance of 30.39 feet to the southeasterly line of said Lot 1, and said line there terminating. Line B: Commencing at the most westerly corner of said Lot 1; thence North 22 degrees 53 minutes 21 seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 110.00 feet to the point of beginning of the line to be described; thence South 67 degrees 06 minutes 39 seconds East, a distance of 5.00 feet; thence South 22 degrees 53 minutes 21 seconds West, a distance of 40.58 feet; thence South 02 degrees 23 minutes 51 seconds East, a distance of 80.72 feet to the southwesterly line of said Lot 1, and said line there terminating. Said Temporary Easement will expire November 30, 2025. Parcel 4 Permanent Easement Description: A permanent easement for right of way purposes over, under, and across the following described property: Lot 3, Block 4, Plymouth Hills, Hennepin County, Minnesota. Said permanent easement lies southeasterly of the following described line: Commencing at the most easterly corner of said Lot 3; thence northwesterly, assumed bearing along the easterly line of said Lot 3 a distance of 20.00 feet along a non-tangent curve concave to the northeast, having a radius of 618.22 feet, a central angle of 01 degrees 51 minutes 13 seconds, and a chord which bears North 37 degrees 35 minutes 34 seconds West, a distance of 20.00 feet to the point of beginning of the line to be described; thence South 42 degrees 33 minutes 55 seconds West, not tangent to the last described curve, a distance of 59.53 feet to the southerly line of said Lot 3, and said line there terminating. Temporary Easement Description: A temporary easement for construction purposes over, under and across that part of the following described parcel: Lot 3, Block 4, Plymouth Hills, Hennepin County, Minnesota. Said temporary easement lies southeasterly of the following described Line A, except that part which lies southeasterly of the following described Line B: Line A: Commencing at the most easterly corner of said Lot 3; thence northwesterly, assumed bearing along the easterly line of said Lot 3 a distance of 25.26 feet along a non-tangent curve Resolution 2024-159 Page 5 of 5 concave to the northeast, having a radius of 618.22 feet, a central angle of 02 degrees 20 minutes 29 seconds, and a chord which bears North 37 degrees 20 minutes 56 seconds West, a distance of 25.26 feet to the point of beginning of the line to be described; thence South 52 degrees 17 minutes 13 seconds West, not tangent to the last described curve, a distance of 85.67 feet to the southerly line of said Lot 3, and said line there terminating. Line B: Commencing at the most easterly corner of said Lot 3; thence northwesterly, assumed bearing along the easterly line of said Lot 3 a distance of 20.00 feet along a non-tangent curve concave to the northeast, having a radius of 618.22 feet, a central angle of 01 degrees 51 minutes 13 seconds, and a chord which bears North 37 degrees 35 minutes 34 seconds West, a distance of 20.00 feet to the point of beginning of the line to be described; thence South 42 degrees 33 minutes 55 seconds West, not tangent to the last described curve, a distance of 59.53 feet to the southerly line of said Lot 3, and said line there terminating. Said Temporary Easement will expire November 30, 2025. Parcel 5 Permanent Easement Description: A permanent easement for right of way purposes over, under, and across the following described property: Lots 4 and 5, except the Northwesterly 30 feet of said Lot 5, Block 1, Plymouth Hills 3rd Addition, Hennepin County, Minnesota. Said permanent easement lies southeasterly of the following described line: Commencing at the southeast corner of said Lot 4; thence North 89 degrees 44 minutes 00 seconds West, assumed bearing along the south line of said Lot 4, a distance of 80.00 feet to the point of beginning of the line to be described; thence North 60 degrees 41 minutes 28 seconds East, a distance of 91.16 feet to the east line of said Lot 4, and said line there terminating.