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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.