HomeMy WebLinkAboutCity Council Resolution 1990-803CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a special meeting of the City Council of
the City of Plymouth, Minnesota was held on the 10th day of December ,
1990. The following members were present: Mayor Berzman, Councilmemb-rs Helliwell,_ ,
_Ricker, Vasiliou, and Zitur
The following members were absent: None
Councilmember Zitur introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 90- 803
AUTHORIZING CONDEMNATION PROCEEDINGS
NORTHCENTRAL TRUNK SEWER
CITY PROJECT NO. 015
WHEREAS, the City of Plymouth is planning to undertake City Projnct No. 015; and
WHEREAS, in order to construct the improvements certain permanent and temporary
easements are required; and
WHEREAS, the City Council finds it necessary, proper and expedient in the interests of
the public health, convenience and general welfare of the citizens of the City of
Plymouth for the City to acquire said easements; and
.WHEREAS, the City Council finds that the construction schedule for said public project
makes it necessary to acquire title to and possession of the easement interests prior
to the filing of the final report of the condemnation commissioners to be appointed by
the district court; and
WHEREAS, the use of Ming. Stat. Sec. 117.042 (1988), so-called "Quick -Take" statute,
will enable the City to timely acquire the required lands;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA: That the City Attorney is hereby authorized to commence condemnation
proceedings utilizing said "Quick -Take" statute for City Project No. 015 for the
following described easements within the following described parcels:
1. A 20.00 foot perpetual easement and a 150.00 foot temporary construction
easement for sanitary sewer purposes over, under and across the
following described property:
That part of the South 26 acres of the Northwest Quarter of
Northeast Quarter of Section 15, Township 118 North, Range 22 Nest
of the 5th Principal Meridian, lying South of the North 12 rods
thereof.
The centerline of both easements is described as follows:
Commencing at the Northwest corner of said Northwest Quarter of
the Northeast Quarter; thence on an assumed bearing of North 89
degrees 53 minutes 07 seconds East, along the north line of said
Northwest Quarter of'the Northeast Quarter, a distance of 596.24
feet; thence South 23 degrees 28 minutes 00 seconds East a
distance of 283.96 feet; thence South 42 degrees 53 minutes 00
seconds West a distance of 147.00 feet, to the point of beginning
of the centerline to be described; thence on a bearing of SOUTH a
distance of 280.00 feet; thence South 17 degrees 38 minutes 00
seconds West a distance of 295.00 feet; thence South 13 degrees 46
minutes 00 seconds East a distance of 390.00 feet and said
centerline there terminating -
Said temporary easement shall expire on December 31, 1991.
NORTH CENTRAL TRUNK SANITARY SEWER PROJECT NO 015
2. A 20.00 foot perpetual easement and a 70.00 foot temporary construction
easement for sanitary sewer purposes over, under and across the
following described property:
That part of the Northwest Quarter of the Southeast Quarter of
Section 10, Township 118, Range 22, lying between the North 232
feet and the South 233 feet of said quarter -quarter, and lying
Westerly of the center line of the Town Road, except that part
thereof described as beginning at the intersection of the center
line of the Town Road with the North line of the South 233 feet of
said Northwest Quarter of the Southeast Quarter; thence West along
said North line to a point 440.4 feet West of the East line of
said Northwest Quarter of the Southeast Quarter; thence North at
right angles to said North line 190 feet; more or less, to the
center line of the Town Road; thence Southeasterly along said
center line to the point of beginning, according to the Government
Survey thereof.
Said perpetual easement being 10.00 feet -on each side of the following
described line and said temporary construction easement being 40.00 feet
to the right and 30.00 feet to the left of a line described as follows:
Commencing at the northwest corner of said Northwest Quarter of
the Southeast Quarter; thence on an assumed bearing of South 89
degrees 15 minutes 23 seconds East, along the north line of said
Northwest Quarter of the Southeast Quarter, a distance of 79.88
feet; thence South 45 degrees 33 minutes 20 seconds East a
distance of 236.76 feet; thence South 23 degrees 55 minutes 00
seconds East a distance of 344.00 feet, to the point of beginning
of the line to be described; thence South 3 degrees 57 minutes 00
seconds East a distance of 243.00 feet; thence South 26 degrees 10
minutes 00 seconds East a distance of 203.00 feet and said line
there terminating.
Together with a 20.00 feet perpetual easement and a 175.00 foot
temporary construction easement for sanitary sewer purposes over, under
and across the above described property. Said perpetual easement being
10.00 feet on each side of the following described line and said
temporary construction easement being 75.00 feet to the right and 100.00
feet.to the left of a line described as follows:
Beginning at the terminus of the above described line; then.,
South 26 degrees 10 minutes 00 seconds East a distance of 10.00
feet; thence South 18 degrees 20 minutes 00 seconds East a
distance of 223.00 feet; thence South 28 degrees 48 minutes 00
seconds West a distance of 50.00 feet and said line there
terminaking.
Said temporary construction easement shall expire on December 31, 1991.
NORTH CENTRAL TRUNK SANITARY SEWER PROJECT NO 015
3. A 20:00 foot perpetual easement and a 105.00 foot temporary construction
easement for sanitary sewer purposes over, under and across the
following described property:
That part of the Northwest Quarter of the Southeast Quarter of
Section 10, Township 118, Range 22 lying between the North 232
feel: and the South 233 feet of said quarter -quarter and lying East
of the center line of the Town Road and West of the East 583.4
feet of said quarter -quarter, according to the Government Survey
thereof.
Said perpetual easement being 10.00 feet on each side of the following
described line and said temporary construction easement being 30.00 feet
to the right and 75.00 feet to the left of a line described as follows:
Commencing at the northwest corner of said Northwest Quarter of
the Southeast Quarter; thence on an assumed bearing of South 89
degrees 15 minutes 23 seconds East, along the north line of said
Northwest Quarter of the Southeast*Quarter, a distance of 79.88
feet; thence South 46 degrees 33 minutes 20 seconds East a
distance of 236.76 feet, to the point of beginning of the line to
be described; thence South 23 degrees 55 minutes 00 seconds East a
distance of 344.00 feet; thence South 3 degrees 57 minutes 00
seconds East a distance of 126.00 feet and said line there
terminating.
Together with a 20.00 foot perpetual easement and a 70.00 foot temporary
construction easement for sanitary sewer purposes over, under and across
the above described property. Said perpetual easement being 10.00 feet
on each side of the following described line and said temporary
construction easement being 40.00 feet to the right and 30.00 feet to
the left of a line described as follows:
Beginning at the terminus of the above described line; thence
South 3 degrees 57 minutes 00 seconds East a distance of 117.00
feet; thence South 26 degrees 10 minutes 00 seconds East a
distance of 100.00 feet and said line there terminating.
Said temporary construction easement shall expire on December 31, 1991.
NUKIM UNIKAL IKUNK SANITARY SEWER PROJECT NO 015
4. A 20.00 foot perpetual easement and a 60.00 foot temporary constr
easement for sanitary sewer purposes over, under and across the
following described property:
The Southwest Quarter of the Northeast Quarter and the Nort
acres of the Northwest Quarter of the Southeast Quarter of
10Township 118, Range 22, except a strip of land BOO feet wide,
being 50 feet in width on each side of the center line of the
railroad as it is constructed and laid out over and across said
tract, except Parcel 12S.P. 2785(494-393) 910.
The center line of both easements is described as follows:
Commencing at the northwest corner of said Northwest Quarter of
the Southeast Quarter; thence on an assumed bearing of South 89
degrees 15 minutes 23 seconds East, along the north line of said
Northwest Quarter of the Southeast Quarter, a distance of 79.88
feet; thence North 46 degrees 33 minutes 20 seconds West a
distance of 50.00 feet, to the point of beginning of the line to
be described; thence South 46 degrees 33 minutes 20 seconds East a
distance of 276.76 feet and said center line there terminating.
Together with a 20.00 foot perpetual easement and a 105.00 foot
temporary construction easement for sanitary sewer purposes over, under
and across the above described property. Said perpetual easement being
10.00 feet on each side of the following described line and said
temporary construction easement being 30.00 feet to the right and 75.00
feet to the left of a line described as follows:
Beginning at the terminus of the above described center line;
thence South 46 degrees 33 minutes 20 seconds East a distance of
10.00 feet; thence South 23 degrees 55 minutes 00 seconds East a
distance of 200.00 feet and said line there terminating.
Said temporary construction easement shall expire on December 31, 1991.
8. R 50.00 foot temporary construction easement for sanitary sewer purposes
over, under and across the following described property:
That part of the East 1/2 of the Southwest 1/4 lying East of the
West 430 feet thereof and lying Westerly of the Westerly right of
way line of Interstate Highway Number 494.
ALSO, That part of the West 430 feet of the East 1/2 of the
Southwest 1/4 lying south of North 1089 feet thereof, all in
Section 10, Township 118, North Range 22, West of the 5th
Principal Meridian.
Said temporary easement being 50.00 feet to the left of a line described
as follows:
Beginning at a point on the north line of said East 1/2 of the
Southwest 1/4 distant 595.00 feet west of the northeast corner of
said East 1/2 of the Southwest 1/4; thence continuing westerly
i1 ong said north line a distance of 223.00 feet and said line
there terminating.
easement for sanitary sewer purposes over,
following described property:
Tract 1: All of the following described Tract:
orary construction
across the
That part of the Southeast Quarter of the Northwest Quarter
of Section 10, Township 118, Range 22 lying South of a line
drawn parallel with and 50 feet Southerly (measured at right
angles) from a line extending from a point on the East line
of said Southeast Quarter of the Northwest Quarter distant
1150.08 feet North from the Southeast corner thereof to a
point on the West line of Government Lot 2, Section 9,
Township 118, Range 22 distant 972.4 feet North from the
Southwest corner of said Government Lot 2.
except that part which lies within a distance of 100 feet Easterly
and 164 feet Westerly of the following described line:
Beginning at a point on the East and West Quarter line of
said Section 10 distant 305.12 feet West of the center of
said Section 10; thence run Northeasterly at an angle of 86
degrees 51 minutes 15 seconds with said East and West
Quarter line for 2300 feet and there terminating.
Also except all that part of the above described Tract which
lies Westerly of the above described strip and Easterly of the
following described line: from a point on the above described
line distant 768.22 feet Southerly of its point of termination,
run Westerly at right angles with the above described line for 164
feet to the point of beginning of the line to be described; thence
run Southwesterly to a point distant 210 feet Westerly (measured
at right angles) from a point on the above described line distant
1068.22 feet Southerly of its point of termination; thence run
Southerly and parallel with the above described line for 1300 feet
and there terminating.
Also except all that part of the above described Tract which
lies Easterly of the first above described strip, Westerly of the
Westerly right of way line of the public road running along the
North and South Quarter line of said Section 10 and Northerly of a
line run Easterly at right angles from a point on the first above
described line distant 681.78 feet Northerly of its point of
beginning (when measured along said line),
Also except that portion of the Southerly 50 feet of the
above described Tract which lies Easterly Gf the first above
described strip;
Also except a triangular piece being all that part of the
above described Tract which lies Easterly of the first above
described strip, Northerly of the last above described strip and
Southwesterly of the following described line: From a point on
the first above described line distant 131.78 feet Northerly of
its point of beginning, run Easterly at right angles with the
first above described line for 100 feet to the point of beginning
of the line to be described; thence run Southeasterly to a point
on the Northerly boundary of the Southerly 50 feet of the
Northwest Quarter of said Section 10, distant 115 feet Easterly of
its intersection with the first above described line and there
terminating,
Also except that hart of the ahnvP dpgrrihpd Trart whirh
lies Westerly of a line drawn parallel with and 210 feet Westerly
of the following described line;
Beginning at a point on the East and West Quarter line of
said Section 10 distant 305.12 feet West of the center of
said Section 10; thence run Northeasterly at an angle of 86
degrees 51 minutes 15 seconds with said East and West
Quarter line for 2300 feet and there terminating,
And which lies Easterly of the following described line:
Beginning at a point 40.00 feet South along a line
perpendicular to the South line of said Southeast Quarter of
the Northwest Quarter from a point on said South line 650.00
feet West from the Southeast corner of said Southeast
Quarter of the Northwest Quarter; thence Northerly to a
point 468.00 feet South along a line perpendicular to the
North line of said Southeast Quarter of the Northwest
Quarter of the Northwest Quarter from a point on said North
line 647.00 feet West from the Northeast corner of said
Southeast Quarter of the Northwest Quarter; thence
Northeasterly to a point 211.00 feet North along a line
perpendicular to said North line from a point on said North
line 559.00 feet West from the Northeast corner of said
Southeast Quarter of the Northwest Quarter and there
terminating.
Subject to a limitation on the right of access to Interstate
Highway No. 494 as to the above described Tract 1, as contained in
Final Certificate Document No. 1100404, Files of Registrar of
Titlps_
Said perpetual easement being 10.00 feet to the right of the following
described line and said temporary construction easement being 50.00 feet
to the right of a line described as follows:
3eginning at a point on the south line of said Southeast 1/4 of
the Northwest 1/4 distant 600.00 feet west of the southeast corner
of said Southeast 1/4 of the Northwest 1/4; thence continuing
westerly along said south line a distance of 218.00 feet and said
line there terminating..
Said temporary easement shall expire on December 31, 1991.
The motion for the adoption of the foregoing Resolution was duly seconded by
Coungilmember Vasiliou , and upon vote being taken thereon, the following voted
in favor thereof: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, ,
and Zitur
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.