HomeMy WebLinkAboutCity Council Resolution 1992-756CITY OF PLYMOUTH
RESOLUTION NO. 92-756
DECLARING SURPLUS LAND ON ORIGINAL LIBRARY SITE
CITY OF PLYMOUTH, CITY COUNCIL
WHEREAS, on or about April 25, 1991, the City of Plymouth commenced a
condemnation proceeding for acquisition of approximately five (5) acre site in
Plymouth for a Hennepin County library; and
WHEREAS, by Order dated October 11, 1991, the Hennepin County District Court,
the Honorable Kevin S. Burke presiding, in City of Plymouth v. W. J. Cavanaugh. et
al., District Court File No. CD 2215, entered its Findings of Fact, Conclusions of Law
and Order Appointing Commissioners which approved in part an option agreement
between the City of Plymouth and W. J. Cavanaugh and Jeannine E. Cavanaugh,
owners of the property which was the subject of the condemnation, legally described as
follows:
That part of the West 491.92 feet of the South 1/2 of the Northwest 1/4 of the
Northwest 1/4 of Section 21, Township 118 North, Range 22 West of the 5th
Principal Meridian lying Northerly of the Northeasterly line of State Highway
No. 55 as acquired under Final Certificate filed as Document No. 2871705,
According to the map or plat thereof, on file and of record in the Office of the
County Recorder for Hennepin County, Minnesota.
Together with any and all streets and alleys adjacent thereto, vacated or to be
vacated, and together with any and all appurtenant easements; and
WHEREAS, the Option Agreement provides for the determination by the City Council
for the City of Plymouth of any portion of the subject property which is not required
for the library site to be declared surplus property; in addition, the City Council is to
determine whether the surplus property is a developable parcel under City ordinances.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that:
1. The entire parcel which was subject of the Option Agreement referenced above is
declared to be Surplus property for purposes of the Option Agreement only, and it
constitutes a developable parcel under applicable City ordinances.
RESOLUTION NO. 92- '_;E,
Page 2
2. The City staff or City Attorney is directed to notify W. J. Cavanaugh and Jeannine
E. Cavanaugh that the entire parcel is surplus and that it constitutes a developable
parcel within ten (10) days of the passage of this Resolution. No survey is required
because the entire parcel has been declared to be Surplus.
3. Under the above -referenced Option Agreement, W. J. Cavanaugh and Jeannine E.
Cavanaugh shall have an option to purchase the Surplus for ninety (90) days after
the effective date of this Resolution which constitutes the Notice of City
Determinations required by the above -referenced Option Agreement.
4. In the event that W. J. Cavanaugh and Jeannine E. Cavanaugh do not elect to
exercise the option under the Option Agreement, the City reserves the right to use
the property for any purpose.
Adopted by the City Council on
Kim Bergman, Mayor
City of Plymouth
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 November 16 , 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 this
20th day of NovemhPr 1992.
City Clerk