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HomeMy WebLinkAboutResolution No. 2005-37 RESOLUTION NO. 2005-37 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and WHEREAS, the City Council finds that it is necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire easements encumbering the Subject Property as described in Exhibit A for street purposes; and WHEREAS, the City Council fmds that the funding and construction schedule for the construction of street improvements within and upon the Subject Property mal(es it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the fmal report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colrunbia Heights, Minnesota that: 1. It is necessary that a permanent easement for street purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the exercise of the power of eminent domain if counsel for the City in this matter is unable to obtain such easements through VOlrultary negotiations. 2. The law firm of Kennedy & Graven, Chartered is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. S 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the talting of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. S 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. S 117.042. Passed this 27th day of June 2005 City of Columbia Heights Offered by: Second by: Upon vote: Kelzenberg Williams Ayes: Peterson, Williams, Nawrocki, Ericson Diehm, Kelzenb ATTEST: (-) . t!~,lJ\iA'~ {\(\,~ "", Patricia Muscovitz, CMC .~ Deputy City Clerk/Council Secretary EXHIBIT A Legal Description of Easements To Be Acquired by Eminent Domain Proceedings (collectively, "Subiect Property") The street address of the affected real estate is 4849 Central Avenue N.E., Columbia Heights, MN 55421. The property identification number ofthe affected real estate is: 25-30-24-32-0003 The legal description of the affected real estate is as follows: That part of Section 25, Township 30, Range 24, described as follows: Beginning at the Northwest comer of the Southwest Quarter of said Section 25; thence South along the West line thereof 383.0 feet; thence East at right angles 550.0 feet; thence North at right angles 254 feet more or less to the centerline of 49th Avenue NE; thence Northwesterly along the said centerline to the point of beghming, according to the United States Government Survey thereof and situate in Anoka County, Minnesota. According to the map or plat thereof on file and of record in the office of the COlmty Recorder in and for Anoka County, Minnesota. The description of the permanent easement encumbering said real estate for street purposes which is to be acquired by use of eminent domain proceedings is described as follows: That part of the NWl/4 ofthe SWl/4 of Section 25, Township 30, Range 24, Anoka Cmmty, Minnesota, described as follows: Commencing at the Northwest comer of said NWl/4 of the SWl/4; thence on an assumed bearing of S 00024'48" W, along the West line of said NWl/4 of the SWl/4, a distance of 383.00 feet; thence S 89035' 12" E, a distance of 550.00 feet to the point of beginning of the land to be described; thence N 89035' 12" W, a distance of 59.18 feet; thence N 21058'09" E, a distance of25.42 feet; thence S 88013'46" E, a distance of 12.39 feet; thence N 00013'48" E, a distance of 127.15 feet; thence N 22055' 14" W, a distance of 11 0.52 feet to the southerly right of way line of 49th Avenue; thence S 66047'16" E, along said southerly right of way line, a distance of 24.84 feet; thence southeasterly, along said southerly right of way line, along a tangential curve, concave to the northeast, having a radius of 749.77 feet, a central angle of 4047'26", a distance of 62.69 feet to its intersection with a line that bears N 00024'48" E from the point of beginning; thence S 00024'48" W, a distance of 220.50 feet to the point of beginning. The description of the temporary easement encumbering said real estate, which is to be acquired by use of eminent domain proceedings is: RJL-261741vl CLl62-29 A-I Together with an easement for temporary construction purposes described as follows: Commencing at the Northwest comer of said NWl/4 of the SWII4; thence on an assumed bearing of S 00024'48" W, along the West line of said NWl/4 of the SWII4, a distance of 383.00 feet; thence S 89035' 12" E, a distance of 466.64 feet to the point of beginning of the easement to be described; thence S 89035' 12" E, a distance of 24.18 feet; thence N 21058'09" E, a distance of 25.42 feet; thence S 88013'46" E, a distance of 12.39 feet; thence N 00013'48" E, a distance of 127.15 feet; thence N 22055'14" W, a distance of 110.52 feet to the southerly right of way line of 49th Avenue; thence N 66047'16" W, along said southerly right of way line, a distance of 116.26 feet; thence northwesterly along said southerly right of way line, along a tangential curve, concave to the southwest, having a radius of 671.50 feet, a central angle of 6044'40", a distance of79.04 feet; thence S 16028'04" W, a distance of 10.00 feet; thence southeasterly along a non-tangential curve, concave to the southwest, having a radius of 661.50 feet, a central angle of 6044'40", a chord bearing of S 70009'36" E, a chord distance of 77.82 feet, an arc distance of 77.87 feet; thence S 66047'16" E, a distance of 90.59 feet; thence S 22055'14" E, a distance of 103.93 feet; thence S 00024'48" W, a distance of 75.63 feet; thence southerly along a tangential curve, concave to the west, having a radius of 225.00 feet, a central angle of 21016'36", and a distance of 83.55 feet to the point of beginning. Said temporary easement shall commence upon written notice by the City of Columbia Heights of its intention to enter said temporary easement tract or upon the City, its agents or employees entering the temporary easement tract to begin work, whichever shall fIrst occur, and said temporary easement shall terminate 120 days thereafter. RJL-261741vl CLl62-29 A-2