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HomeMy WebLinkAboutResolution No. 2009-122CITY COUNCIL CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION N0.2009-122 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES, CITY PROJECT 0906, WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Mimnesota; 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 interest of the City and will promote the general health, welfare and safety of the comYnunity for the City to acquire easements encumbering the Subject Property as described in Exhibit A for pedestrian bridge purposes; and WHEREAS, the City Council finds that the funding and construction schedule for the construction of pedestrian bridge improvements over Central Avenue NE (TH 65) at 49`h Avenue within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the final 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 Columbia Heights, Minnesota that: 1. It is necessary that a permanent easement for pedestrian bridge 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 consultant for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The Land Acquisition Firm of Evergreen Land Services Company is hereby authorized and directed to take ali steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. § 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 taking 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. § 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. § 117.042. Offered By: Kelzenberg Seconded By: Diehm Roll Call: Aye: Peterson, Diehm, Kelzenberg Nay: Nawrocki Absent: Williams Adopted by the City Council of the City of Columbia Heights, Mirulesota this 13th day of August 2009. Attest: Patricia Muscovitz, CMC City Clerk CITY OF . _ Northwest corner of _ the Southwest Quarter ~~ of Sec. 25, Twp. 30, M i Rng. 24 i i ~ ~, 1 1 a~ -''' a ~~ .~ o .d- t() N ~ N ~ o, ~~ cn° o ~_~ r~ LI j COLUMBIA HEIGHTS Permanent Drainage & Utility Easement r~T~l n > >r n! r- South right of way line ~ ~~- of 49th Avenue N.E. i ~ 143.94 `~ //i ~ ~~ T r'i o ', 7' '.. '~ r` r` ~ 3 in -.5. _ _, ~ d- ~ ~ i i -r o >. ~ ~ ~'~ i ~` 3 ~~ =.c ~ o+ -.- '~ _~ ~i o ~ 'r W = °' _` ~~ { ,~ 50.00 f. __...........I L 9~0~. 2~., 9~0 50.00 Off, 2~, ~', -. c. c' a~ I ~^O6~ ~ 38.71 ~~ ~,q,~ A permanent easement for drainage and utility purposes over, under, and across that part of the Southwest Quarter of Section 25, Township 30 North, Range 24 West, Anoka County, Minnesota, described as follows: Commencing at the northwest corner of said Section 25; thence south along the west line of said Southwest Quarter of Section 25 a distance of 143.16 feet; thence easterly deflecting to the left 90 degrees 00 minutes 21 seconds, a distance of 50.00 feet to the east right of way line of Highway 65 and the point of beginning; thence continuing easterly along last described line, 25.24 feet; thence easterly, northeasterly, northerly, northwesterly, and westerly 124.09 feet along a tangential curve concave to the west having a radius of 39.50 feet and central angle of 180 degrees 00 minutes 00 seconds; thence westerly tangent to last described curve, 25.23 feet to said east right of way line; thence southerly along said east right of way line to the point of beginning. RRO 0,,1 Said permanent drainage and utility easement contains (4,445 square feet. ~/ Temporary Construction Easement i ' ~ f ~~~~ ti o,~4j°a'q~0' ~~ ~ ~'° o~ ~ p ~ J.G. COLUMBIA HEIGHTS, LLC A temporary easement for construction purposes over, under, and across that part of the Southwest Quarter of Section 25, Township 30 North, Range 24 West, Anoka County, Minnesota, described as follows: Commencing at the northwest corner of said Section 25; thence south along the west line of said Southwest Quarter of Section 25 a distance of 163.16 feet; thence easterly deflecting to the left 90 degrees 00 minutes 21 seconds, 50.00 PID: 25-30-24-32-0168 feet to the east right of way line of Highway 65 and the point of beginning; ~ thence continuing easterly along last described line 25.24 feet; thence easterly, ~ northeasterly, and northerly 93.78 feet along a tangential curve concave to the northwest having a radius of 59.50 feet and central angle of 90 degrees 18 minutes 22 seconds; thence northerly tangent to last described curve 4.40 feet; thence easterly deflecting to the right 90 degrees 18 minutes 22 seconds, a distance of 38.71 feet; thence easterly, northeasterly, and northerly 28.18 feet along a tangential curve concave to the northwest having a radius of 20.61 feet and central angle of 78 degrees 20 minutes 57 seconds; thence northerly along a line not tangent to last described curve, said line parallel with said west line of the Southwest Quarter, 41.77 feet to the south right of way line of 49th Avenue N.E.; thence westerly along said south right of way line, 143.94 feet to said east right of way line of Highway 65; thence southerly along said east right of way O 50 ,~ oo line to the point of beginning. EXCEPT that part of the Southwest Quarter described as follows: Commencing at the northwest corner of said Section 25; thence south along the Horizontal Scale In Feet west line of said Southwest Quarter of Section 25 a distance of 143.16 feet; thence easterly deflecting to the left 90 degrees 00 minutes 21 seconds, a distance of 50.00 feet to the east right of way line of Highway 65 and the point of beginning; thence continuing easterly along last described line, 25.24 feet; -LEGEND: thence easterly, northeasterly, northerly, northwesterly, and westerly 124.09 feet along a tangential curve concave to the west having a radius of 39.50 feet Permanent Drainage & Utility Easement and central angle of 180 degrees 00 minutes 00 seconds; thence westerly tangent to last described curve, 25.23 feet to said east right of way line; thence ® Temporary Construction Easement southerly along said east right of way line to the point of beginning. Said temporary construction easement contains f 13,775 square feet. FILE NAME 33209132V602.dwg ~PROJ. NO. 33209132 DRAWN DJRSURVEY I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME: DANIEL J. ROEBER SIGNATURE: DATE JULY 10, 2009 LIC. N0. 43133 Bonestroo St. Paui Office 2335 West Highway 36 St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 www.t-onestroo.com