HomeMy WebLinkAboutCity Council Resolution 1992-323q, F' .I I -,rJ::GAN R.03
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CITY OF PLYMOUTH
RESOLUTION NO. 92- 323
ORDERING ENVIRONMENTAL TESTING OF
TRACT 1), REGISTERED LAND SURVEY NO. 1173
W11EREAS, the Sinclair gas station at 13700 State Highway 5.), which is legally described as
Tract D, Registered Land Survey No. 1113 ("Tract D"), is surrounded by Outlot A, Northwest
Business Campus Seventh Addition ("O utlot A"). and
WHEREAS, The City of 'Plymouth is considertng exercising its power of eminent domain to
condemn Tract D in order to further the public purpose set forth in the City's Development
Program for Development District No 7 adopted on December 19, 1988 (the "District"): and
WHEREAS, Tract D is within a the District; and
WHEREAS, the City of Plymouth has the power of eminent domain to take Tract D pursuant
to the District and
WHEREAS, the City of Plymouth, in considering said exercise, desires to know whether Tract
D is contaminated before exercising its power of eminent domain; and
WHEREAS, under these circumstances the City of Piymouth has the right to enter Tract D and
perform environmental testing pursuant to Minnesota Statutes Section 117 041, Subdivision 2;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, NI N1YFSOTA:
1. That the City Council has reason to believe that acquisition of Tract D may be
required pursuant to eminent domain proceedings as described above;
2. That the City Council has reason to believe that a hazardous substance,
pollutant or contaminant is present on Tract D and that the release of a hazardous substance,
pollutant or contaminant may have occurred on Tract D, because Tract D has been used as a gas
station for many years and gas stations often cause pollution from leakage of petroleum products;
3. That entry on Tract D for environmental testing is rationally related to health,
safety or welfare concerns of the City Council in connection with possible eminent domain
proceedings-,
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RESOLUTION NO. 92-323
4. That the City Engineer shall forthwith retain a qualified environmental testing
firm to enter Tract D to perfonn appropriate environmental tests (including, without limitation,
soil borings and chemical analysis of the borings);
S. That all such testing shall be conducted in accordance with the legal procedures
set forth in Minnesota Statutes Section 117 041, Subdivision 2; and
b. That the City Engineer shall not enter into an agreement with the consultant
until the City Enginccr has received assurances that the consultant's fees will be reimbursed to
the City pursuant to an Agreement acceptable to the City Attorney.
Adopted by the Plymouth City Council on June _, 1992.
STATE OF MINNESOTA )
COUNTY OF fLENNEI'LN )
The undersigned, being the duty qualified and appointed City Clerk of the City of
Plymouth. Minnesota, certifies that I compared the foregoing resolution adopted at the meeting
of the Plymouth City Council on June I,, 1992, 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 of
Plymouth, this 9th_. day of June. 1992.
City Clerk
0008260.01
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