HomeMy WebLinkAboutResolution No. 2005-84
CITY COUNCIL
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 2005-84
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 fmds 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 finds 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 C01IDCil of the City of Columbia
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 tllfough the exercise of the power of eminent domain
if counsel for the City in this matter is unable to obtain such easements through voluntary
negotiations.
2. The law firm of Kennedy & Graven, Chartered is hereby autllOrized 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 detennine the amount of just
compensation for the taking of said easements encumbering tile Subject Property for the
purpose of presenting an offer to the owner of the Subject Property pursuant to MilID. 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 MilID. Stat. S 117.042.
Offered by:
Second by:
Upon Vote:
Nawrocki
Williams
Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
Adopted by the City Council of the City of Columbia Heights, Minnesota this 28th day of
November 2005.
ATTEST:
atricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
EXHmIT A
Legal Description of Easements To Be Acquired by Eminent Domain Proceedings
(collectively, "Subject Property")
The street address of the affected real estate is 4811 Central Avenue N.E., Columbia Heights, MN
55421.
The property identification number of the affected real estate is: 25-30-24-32-0002
The legal description of the affected real estate is as follows:
That part of the NW 1/4 of the S W 1/4 of Section 25, Township 30, Range 24, Anoka
County, Minnesota, described as follows:
Commencing at a point on the west line of said NW 1/4 of the SW 1/4383.00 feet
south from the northwest corner of said NWl/4 of the SWl!4; thence East at right
angles to said West line a distance of 550.00 feet; thence South and parallel with said
West line a distance of 60.15 feet; thence West at right angles a distance of 195.67
feet; thence South and parallel to said West line a distance of 89.85 feet; thence
West at right angles a distance of 354.83 feet to said West line of said NW1I4 of the
SWl!4; thence North along said West line a distance of 150.00 feet to the actual
point of beginning.
According to the map or plat thereof on file and of record in the office of the County 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 ofthe NW 1/4 of the S W 1/4 of Section 25, Township 30, Range 24, Anoka
County, Minnesota, described as follows:
Commencing at a point on the west line of said NW 114 of the SW 114 383.00 feet
south from the northwest corner of said NWl/4 of the SWl!4; thence East at right
angles to said West line a distance of 550.00 feet; thence South and parallel with said
West line a distance of 60.15 feet; thence West at right angles a distance of 195.67
feet; thence South and parallel to said West line a distance of 89.85 feet; thence
West at right angles a distance of 354.83 feet to said West line of said NWl/4 of the
SWI!4; thence North along said West line a distance of 150.00 feet to the actual
point of beginning.
Which lies Easterly of the following described lines:
Commencing at the northwest corner of OUTLOT E, GRAND CENTRAL
LOFTS, Anoka County, Mimlesota; thence S 89035' 12" E, along the north line of
said Outlot E, a distance of 112.12 feet to the point of beginning of the lines to be
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described; thence N 26002'39" E, a distance of 20.67 feet; thence northerly along a
tangential curve, concave to the west, having a radius of 250.00 feet, a central angle
of25037'51 ", a distance of 111.84 feet and there terminating.
The description of the temporary easement encumbering said real estate which is to be acquired by
use of eminent domain proceedings is:
Together with a 25.00 foot wide temponuy construction easement, the easterly line
of which is the above-described lines.
Said tempormy easement shall commence upon written notice by the City of Cohunbia 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 tenninate 180 days thereafter.
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