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HomeMy WebLinkAboutResolution 78-65C!,TY OF CITY OF COLUMBIA HEIGHTS 590 40th Ave~ (6i2) 788 9221 "SERVICE IS OUR BU~iN-~SS'- RESOLUTION 78-65 AUTHORIZATION FOR ACQUISITION FOR CERTAIN STORH DRAIN EASEMENTS WHEREAS, the City of Cotumbia Heights Public Works Department proposes to construct, install and maintain a storm drain to attempt to solve the surface water drainage problem in the area of 1303 45½ Avenue N.E., 1309 45½ Avenue N.E., 1300 46th Avenue N.E., and 1306 46th Avenue N.E. in the City of Columbia Heights, and WHEREAS, the improvement consists of construction to allow the channeling of water flow from the rear of the two homes on 46th Avenue into a collecting manhole located on the rear of 1300 46th Avenue, to tunnel under the ease end of the retaining wall at 1303 45½ Avenue and take the storm flow to 45½ Avenue along the east property line of 1303 45½ Avenue in a IO" V.C.P. pipe, as herein determined necessary to provide for the health and safety of the public; and WHEREAS, in addition to the easements necessary for the placement of drain pipes and equipment, and maintenance thereof, certain lands are required on a temporary basis to provide for said construction, all of which lands are more particularly described as follows: Parcel No. 1: Lot Description: The West 55 feet of the North 1/2 of Lot 9, Block 2, Sheffield's Subdivision, Anoka County, Minnesota, (subject to an easement for driveway purposes over the East 5 feet thereof), Together with an easement for driveway purposes over the West 5 feet of Lot 9, excepting the West 55 feet thereof. Permanent Easement Description: An easement for the installation, access to and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel and described as follows: The East 5 feet of the West 55 feet of the North 1/2 of said Lot 9 and the South 12 feet of the East 22 feet of the West 50 feet of the West 55 feet of the N1/2 of said Lot 9. Bruce G. Nawrocki, Mayor E. "Sebe" Heintz~CounciJmember Waiter Logacz, CounciJmember Gayte R. Norberg, Councilrnember Kenneth E. Hentges, Councilmember EQUAL OPPORTUNITY EMPLOYER Temporary Easement Description: Over, under and across the North 20 feet of the South 32 feet of the East 22 feet of the West 50 feet of the West 55 feet of the North 1/2 of said Lot 9. Parcel No. 2: Lot Description: The N1/2 of Lot 9, Block 2, Sheffield's Subdivision, Anoka County, Minnesota, except the West 55 feet and subject to an easement for driveway purposes over the West 5 feet for the benefit of the West 55 feet of the North 1/2 of Lot 9, Together with an easement for driveway purposes over the East 5 feet of the West 55 feet of said NI/2 for benefit of N1/2 of Lot 9, except the West 55 feet. Permanent Easement Description: An easement for the installation, access to and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel described as follows: The West 5 feet of the N1/2 of said Lot 9, excepting the West 55 feet thereof and the South 12 feet of the West 15 feet of the West 20 feet of said Lot 9 excepting the West 55 feet thereof. Temporary Easement Description: Over, under and across the South 32 feet of the West 15 feet of the West 20 feet of said Lot 9 excepting the West 55 feet thereof. Parcel No. 3: Lot Description: The West 1/2 of the Souht 1/2 of Lot 9, Block 2, Sheffield's Subdivision, Anoka County, Minnesota, subject to road and utility easement over the South 30 feet. Permanent Easement Description: An easement for the installation, access to and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel and described as follows: The East 5 feet of the West 1/2 of the South 1/2 of said Lot 9. Parcel No. 4: Lot Description: The East 1/2 of the South 1/2 of Lot 9, Block 2, Sheffield's Subdivision Anoka County, Minnesota, subject to road and utility easement over the South 30 feet. Permanent Easement Descri. ption: An easement for the installation, acces's to, and continued maintenance of a storm drain and its appurtenance over, under and across that part of the above parcel and described as' follows: The West 5 feet of the East 1/2 of the South 1/2 of said Lot 9. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights hereby authorize the City Engineer to proceed to acquire right of way easements for a storm drain construction and maintenance purposes over said lands in accordance with Minnesota Statutes. BE IT FURTHER RESOLVED, that those lands as described above, which cannot be acquired by direct negotiation, shall be acquired by eminent domain and the City hereby requests the City Attorney to file the necessary petition therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or Court. Passed this llth day of December, 1978. Offered by: Logacz Seconded by: Norberg Roll Calt: All Ayes ~]~Counci 1 Secreta'ry Bruce~G. Nawrocki, Mayor I hereby certify that the above is a true and correct copy of a resolution passed by the City Council of the City of Columbia Heights on the llth day of December, 1978. John Schedler, City Clerk