#134 05-01-62 Authorize Condemnation WatermainZ84
Resolution No. 134 May 1, 1962
Member Bies introduced -and read the following resolution and MOVED its adoption:
RESOLUTION AUTHORIZING CONDEI'i[ITATION
(1962 Water Main Final and, NB.scellaneous)
WHEREAS, it is necessary, advisable, and in the public interest tha the
Village of Golden Valley acquire certain lands and easements and temporary
construction easements in, on and over certain lands herein described for water
main and water facility purposes and for street, road and utility purposes as
hereinafter set forth; and
WHEREAS, in order to accomplish these purposes it is necessary to acquire
said temporary and perpetual easements in, on, over and across the following -
described lands for the purposes and to the extents set forth in each case:
Parcel 18 (62-WM-2 "Ell
A temporary construction easement for water main and water facility purpose~,
said temporary construction easement to expire on or before December 1, 196,
in, on, over and across the North 25 feet of Lot 186, Glenwood, Hennepin County,
Minnesota.
Name of parties interested in said land and nature of interest:
Name Interest
Donald James St. Clair and Marilyn St. Clair
a/k/a Marilyn M. St. Clair, husband and wife as
joint tenants Fee
Federal Natinnal Mortgage Association Mortgage
Parcel 35
A perpetual Drainage, Sanitary Sewer, Water Main, and Utility Easement Twenty
(20) feet in width and lying Ten (10) feet on either side of the following
described center line:
Beginning at a point in the south line of the Southwest Quarter (SW4) of the
Northeast Quarter (NEI, of Section 18, Township 29, Range, 24, Hennepin County,
Minnesota, distant Seven Hundred Sixty-nine (769) feet east of the Southwest
corner of said Southwest Quarter (SW41) of the Northeast Quarter (NE¢); thence
north parallel with the west line of said Southwest Quarter (Sti14) of the
Northeast Quarter (NE-) Seven Hundred Twenty and Seventy-one Hundredths
(720.71) feet; thence deflecting to the right Ninety-eight (98)degrees,
Thirty-six (36) minutes and running Southeasterly Ten and Twelve Hundredths
(10.12) feet to the actual point of beginning of the center line to be described:
Thence North parallel with the west line of said Southwest Quarter (Sw4) of
the Northeast Quarter (NE4) a distance of Two Hundred Fifty-six (256) feet;
thence deflecting to the right, Northeasterly, Sixty-three (63) degrees
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Resolution No. 134 (Continued)
May 1, 1962
Forty-three (43) minutes a distance of One Hundred Twenty-one and Three
Tenths (121.3) feet; thence deflecting to the right, Fifteen (15) degrees
.ght (08) minutes a distance of One Hundred Fifty-eight and Nine Tenths
(158.9) feet; thence deflecting to the left, Northerly, Seventy-nine (79)
degrees Thirteen (13) minutes a distance of One Hundred Ninety-five and
Five Tenths (195.5) feet; thence deflecting to the right, Northeasterly,
Fifty-six (56) degrees Seventeen (17) minutes a distance of Ninety-two and
Three Tenths (02.3) feet, more or less and there terminating.
And also beginning at a point in the south line of the Southwest Quarter
(SW -.10 of the Northeast Quarter (NE -1) of Section 18, Township 29) Ranges- 21t,
Hennepin County, Minnesota, distant Seven Hundred Sixty-nine (769) feet
east of the Southwest corner of said Southwest Quarter (SW4) of the North-
east Quarter (NE -1); thence north parallel with the west line of said South-
west Quarter (S`d ) of the Northeast Quarter (NE -1) Seven Hundred Twenty and
Seventy-one Hundredths (720.71) feet; thence deflecting to the right Ninety-
eight (98) degrees, Thirty-six (36) minutes and running Southeasterly Ten
and Twelve Hundredths (10.12) feet to the actual point of beginning of
the ednter line to be described:
Thence deflecting to the right Eighty -One (81) degrees, Thirty -Six (36)
minutes and running South Two Hundred Seventy -One and Seventy -Three
Hundreths (271.73) feet more or less to a point in the center line of
Minneapolis and Watertown Road, also known as Golden Valley Road, CSAR
No1 66, and Nineteenth (19th) Avenue North, and there terminating.
And a temporary easement over and across a Tract of land lying West of
and adjacent to a line running parallel with and Ten (10) feet Westerly
of the above described center lines and South of Bassettfs Creek, said
temporary easement to expire on December 31, 1962.
Name of parties interested in said land and nature of interest:
Name
George V. Thomson
Parcel 36
A Temporary Construction Easement over and across
Thirty (30) feet of the following described tract
Bassett's Creek, said temporary easement to expire
Interest
Fee
that part of the East
of land lying South of
on December 31, 1962:
That part of the 1%Test 1 of the Northeast 4 of Section 1.8, Township 29,
Range 24, described as follows: Commencing at a point in the said West
which point is 1262.87 feet South of the North line of said Section 18,
and 46 ? rods East of the North and South center line of said Section 18;
thence South on a line parallel with the North and South center line,
923.18 feet, more or less, to the center of the Watertown Road so called;
thence Southwesterly with the interior angle to the North and West of 91
degrees and 47 minutes, 157.7 feet; thence deflecting to the left with
an angle of 5 degrees and 35 minutes, a distance of 71.55 feet; thence
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Resolution No. 134 (Continued) :�2ay 1, 1962
Northeasterly deflecting to the right with an angle of 98 degrees and
17 minutes, a distance of 96.25 feet; thence Northeasterly deflecting
to the right with 10 degrees and 37 minutes a distance of 50.15 feet;
thence Northeasterly deflecting to the left with an angle of 4 degrees
and 16 minutes, a distance of 146.78 feet; thence Northerly deflecting
to';the right with an angle of 30 degrees and 56 minutes, 78.9 feet to
the center of the creels running through the said West 2; thence North-
erly along the center line of said Creek to its intersection with a line
parallel with and 1337.87 feet South of the North line of said Section
18; thence East parallel with the North line of said Section 18, 36.4
feet more or less, to an iron stake; thence Northeasterly deflecting to
the left with an angle of 46 degrees and 34 minutes, 103.3 feet to an
iron stake; thence East parallel with the North line of said Section
18, 192.25 feet to the point of beginning.
Name of parties interested in said land and nature of interest:
Name Interest
Adeline Oys (J.J. Oys or Joseph J. Oys, now deceased) Fee
Parcel 54 (62-WMI -49 "E")
A temporary construction easement for water main and water facility
purposes, said temporary easement to expire on or before December 1,
1963, in, on, over and across the East 20 feet of the North 33 feet
of the East 10 acres of Government Lot 49 Section 33, Township 118,
Range 21, except road.
Name of parties interested in said land and nature of interest:
Name Interest
Unknown heirs of Walter F. Hintz Fee
Winona Blanch Hagen Tax Title
Parcel 61 (62-WM-56 "E")
A perpetual easement for water main and water facility purposes, in,
on, over and across that part of the Southwest Quarter (4) of the
Northwest Quarter (4), Section 33, Township 118, Range 21, Hennepin
County, Minnesota, lying North of State Highway No. 55 and West of
Minneapolis Northfield & Southern Railway described as follows: 7.5
feet lying adjacent to State Highway No. 55, and also a temporary
construction easement for water main and water facility purposes, said
temporary easement to expire on or before December 1, 1963, in, on, over
and across the 35 feet adjacent to State Highway No. 55 of said part of
the Southwest Quarter (4) of the Northwest Quarter (4), Section 33,
Township 118, Range 21, Hennepin County, DfLnnesota.
Resolution 134 (Continued) Play 1, 1962
Name of parties interested in said land and nature of interest.-
Name
nterest:Name Interest
International Paper Company, a New York Corporation Fee
Parcel 66 (62-WNSR-65 "Ell)
A perpetual easement for street, road and utility purposes in, on, over
and across that part of the South Half (1) of Lot 13, Keene, Higbee and
Bitzerts Golden Valley Outlots, Hennepin County, Minnesota, described as
follows: The West 30 feet thereof, and also a perpetual easement for
water main and water facility purpose in, on, over and across the South
15 feet of the East 55 feet of the West 85 feet thereof.
Name of parties interested in said land and nature of interest:
United States Collector of Internal Revenue vs. Robert
E. & L. Smith, 1700 Portland Avenue, Minneapolis, Minnesota.
Dated November 21, 1961, Filed Nov. 22, 1961. Amount
$197.37, Doucment No. 3320756 Tax Lien
Parcel 71 (62-WNSR-70 "E")
A perpetual easement for street, road and utility purposes in, on, over
Name
Interest
Bruce Beaulieu
Fee
See Document No. 3232803, Book 3185 of Mtgs., Page 285,
File No. 551677, Bruce Beaulieu -Plaintiff vs. Kath MacLean,
M. J. MacLean, et al. -- Object of said actions: That
Plaintiff be adjudged the owner in fee of said premises,
and for the recovery of possession thereof, from said
defendants. Notice of Lis Pendens
Parcel 70 (62-WMSR-69 "E")
A perpetual easement for street, road and utility purposes in, on, over
and across the West 30 feet of that part lying North of the
South 75 feet
of the North Half (1) of Lot 14, Keane, Higbee and Bitzerts
Golden Valley
Outlots, Hennepin County, Minnesota.
Name of parties interested in said land and nature of interest:
Name
Interest
Orville S. Smith and Lila R. Smith, husband and wife
as joint tenants
Fee
The Minneapolis Savings and Loan Association
Mortgage
United States Collector of Internal Revenue vs. Robert
E. & L. Smith, 1700 Portland Avenue, Minneapolis, Minnesota.
Dated November 21, 1961, Filed Nov. 22, 1961. Amount
$197.37, Doucment No. 3320756 Tax Lien
Parcel 71 (62-WNSR-70 "E")
A perpetual easement for street, road and utility purposes in, on, over
Resolution No. . 131 ( Continued) May 1, 1962
and across the West 30 feet of the West 326.7 feet of Lot 15, Keene,
Higbee and Bitzerts Golden Valley Outlots, Hennepin County, Minnesota.
Name of parties interested in said land nad nature of interest:
Interest
Name
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Robert B. Smith and Virginia M. Smith, husband and wife as Fee
joint tenants
Parcel 78 (62-14M-77 "E")
A temporary construction easement for water main and water facility
purposes, said easement to expire on or before December 1, 1963, in, on,
over and across the East 25 feet of Lot 52, Auditorts Subdivision No.
360, Hennepin County, M9.nnesota.
Name of parties interested in said land and nature of interest:
Name Interest
Margaret B. Jordon (Dustin Jordon, now deceased) Fee
State of Minnesota, in the amount of 0.33 per month Old
dn Age Assistance
Parcel 87 (62-WM-86 "E")
A perpetual easement for water main and water facility purposes in, on,
over and across that part of Lot 17, Auditorts Subdivision 322, Hennepin
County, Minnesota, lying North of Highway No. 55, described as follows:
The South 12.5 feet of the West 40 feet, and also a temporary construction
easement for water main and water facility purposes, said easement to
expire on or before December 1, 1963, in, on, over and across that part
of Lot 17, Auditor's Subdivision No. 332, lying North of Highway No. 55,
described as follows: The West 60 feet of the South 30 feet, all in
Hennepin County, Minnesota.
Name of parties interested in said land and nature of interest:
Name Interest
Theodore H. Christensen and Kate M. Christensen, Fee
husband and wife as joint tenants
Parcel 91 (62-o]M--90 ItE")
A perpetual. easement for water main and water facility purposes in, on,
over and across Lot 61, Auditor's Subdivision No. 322, Hennepin County,
Minnesota, lying West of the East 5 acres, described as follows: The
North 15 feet of the South 35 feet of the West 30 feet, and a temporary
construction easement for water main and water facility purposes, said
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Resolution No. 134 (Continued) May 1, 1962
temporary easement to expire on or before December 1, 1963, in, on, over
and across the South 60 feet of the West 60 feet of said part of Lot 61,
Auditor's Subdivision No. 322, Hennepin County, Minnesota.
Name of parties interested in said land and nature of interest:
Name Interest
Heirs of Albert William Diller, deceased, and
Huldah Miller Fee
Sadie Harold Life Estate
State of Minnesota vs. Sadie Harold, Case No. 34138,
amount $55.00 per month Old Age Assistance
Lien
United States Collector of Internal Revenue vs. Albert
W. Smith, 6115 -10th Avenue South, Minneapolis, Minnesota,
dated Sept. 3, 1959, filed Sept. 3, 1959, Document No.
3195397 Tax Lien
Parcel 988 (62-WM-100 "Elf)
A temporary construction easement for water main and water facility
purposes, said temporary easement to expire on or before December 1,
1963, in, on, over and across the West 25 feet of that part of the West
193 feet of the Northwest Quarter (4) of the Northwest Quarter (4),
Section 51 Township 117, Range 21, lying North of the South 270 feet
thereof and South of the center line of Ridgeway Road except road, all
in Hennepin County, Minnesota.
Name of parties interested in said land and nature of interest
Name Interest
John D. Wylie (Ida L. Wylie, now deceased) and
John G. Wylie Fee
Parcel� 99 (WMR -102)
A perpetual easement for street, road, and utility purposes in, on, over
and across the West twenty-five (25) feet as measured at right angles to
the West line thereof of the following -described tract of land:
That part of Government Lot 2, Section 33, Township 118, Range 21, lying
North of a line described as beginning at a point on the West line of
said Government Lot 2 distant 674.6 feet North along said West line and
its extension from the center line of State Trunk Highway No. 55, which
point is marked by a Judicial Landmark; thence East parallel to said
center line 113 feet, which point is marked by a Judicial Landmark; thence
Resolution No. 134 (Continued) May 1, 1962
South Parallel to said West line 16.2 feet to the Northwest corner of
Tract A. Registered Land Survey No. 11, which point is marked by a
Judicial Landmark; thence East parallel to said center line 136.28 feet
to the Northeast corner of Tract A. Registered Land Survey No. 11, which
point is marked by a Judicial Landmark; thence East parallel to said
center line 60 feet to the Northeast corner of Tract E, Registered Land
Survey No. 11, which point is marked by a Judicial Landmark; thence
Easterly 278.5 feet to a point 658.54 feet North of said center line along
a line running parallel to said West line, which point is marked by,a
Judicial Landmark set pursuant to Torrens Case No. 9001; thence Easterly
139 feet to a point 658.17 feet North of said center line along a line
running parallel to said West line, which point is marked by a Judicial
Landmark set pursuant to Torrens Case No. 9001; thence North parallel to
said West line 13.02 feet to a point 671.19 feet North of said center line
along a line running parallel to said West line, which point is marked by
a Judicial Landmark; thence Easterly 105 feet to a point 670.72 feet
North of said center line along a line running parallel to said West line,
which point is marked by a Judicial Landmark; thence South parallel to
said West line 12.8 feet to a point 657.92 feet North of said center line
along a line running parallel to said West line, which point is marked by
a Judicial Landmark; thence Easterly 174 feet to a point 657.79 feet North
of said center line along a line running parallel to said West line, which
point is marked by a Judicial Landmark; thence North parallel to said West
line 24.21 feet to a point 682 feet North of said center line along a line
running parallel to said West line, which point is marked by a Judicial
Landmark; thence East along a line which intersects the East line of said
Government Lot 2 distant 682 feet North along said East lineand
its ex-
tension from the center line of State Trunk Highway No. 55, to a
t 33
feet West along said line from the said East line, which point is marked
by a Judicial Landmark; thence continuing East along said line 33 feet
to the East line of said Government Lot 2 and lying South of a line des-
cribed as beginning at a point on the West line of said Government Lot 2
distant 272.35 feet South of the Northwest corner thereof, which point is
marked by a Judicial Landmark; thence East, along a line which intersects
the East line of said Government Lot 2 at a point 272.35 feet South of the
Northeast corner thereof, to appoint 1080 feet Hest of said East line,
which point is marked by a Judicial Landmark; thence Southeasterly to a
point on the East line of said Government Lot 2 distant 422.35 feet South
of the Northeast corner thereof, which point is marked by a Judicial Land-
mark placed at the intersection of said last described line with a line
drawn parallel to and 33 feet West, measured at right angles, from said
East line. The North and South boundaries are marked by Judicial Land-
marks of which 2 of the Judicial Landmarks in the South Boundary were set
pursuant to Torrens Case No. 9001 as indicated in the description, and the
remainder of the Judicial Landmarks were set pursuant to Torrens Case No.
13026. (Certificate of Title No. 282101).
Name of parties interested in said land and nature of interest:
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Resolution No. 134 (Continued) Pian 1i 1962
V
Name Interest
G. H. Tennant Company, a Minnesota Corporation Fee
Prudential Insurance Company of America Mortgage
Parcel 1.00 (WMSR-103)
A perpetual easement for street, road, and utility purposes in, on, over
and across the West Twenty -Five (25) feet as measured at right angles to
the West line thereof of the following -described tract of land:
That part of Government Lots 2 and 3, Section 33, Township 118, Range 21,
described as beginning at the intersection of the West line of said Govern-
ment Lot 3 with the center line of State Trunk Highway No. 55; thence
North along the West line of said Government Lot 3 and 2 a distance of
674.6 feet, which point is marked by a Judicial Landmark set pursuant to
Torrens Case No. 13026; thence East parallel to said center line 143 feet,
which point is marked by a Judicial Landmark set pursuant to Torrens Case
No. 13026; thence South parallel to the West line of said Government Lot
2, a distance of 16.2 feet to the Northwest corner of Tract A. Registered
Land Survey No. 11, which point is marked by a Judicial Landmark set pur-
suant to Torrens Case No. 130266; thence continuing South parallel to the
West line of said Government Lots 2 and 3 to the said center line; thence
West along said center line 143 feet to the point of beginning, except
the North 100 feet thereof (Certificate of Title No. 328165).
Name of parties interested in said land and nature of interest.-
Name
nterest:
Name Interest
Allen A. Cruzen and Mary Cruzen, husband and wife
as joint tenants Fee
Robert W. Moser Unknown
Parcel 101 OWM-104)
A perpetual easement for watermain purposes ten (10) feet in width lying
five (5) feet on either side of that part of the South line of the North-
east quarter (NE -1) of the Northwest quarter (NWJ) of Section 29 Township
118, Range 21, lying west of the Minneapolis Northfield & Southern Rail-
road right-of-way.
And a temporary construction easement sixty (60) feet in width lying
thirty (30) feet on either side of that part of the south lines of the
Northeast Quarter (NE) of Section 29, Township 118, Range 21, lying
West of the Minneapolis Northfield & Southern Railroad right-of-way,
said temporary easement to expire on .December 1, 1963.
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Resolution No. 131 (Continued)
Pijay 11 1962
Name of parties interested in said land and nature of interest:
Name Interest
Robert W. Moser Fee
P. N,argaretha Olson Mortgage
WHEREAS, it has become and is necessary to procure said temporary
and perpetual easements and title thereto by right of eminent domain; and
WHEREAS, the Village of Golden Valley believes that the most favor-
able location for said temporary and perpetual easements is in, on over
and across the land(s) described above, Now, Therefore,
BE IT RESOLVED that the Village of Golden Valley proceed to procure
said temporary and perpetual easements and title thereto under its right
of eminent domain, and that the Village Attorney be instructed and directed
to file the necessary petitions therefor and to prosecute such action to
a successful conclusion or until it is abandoned, dismissed or terminated
by the Village or by the Court; and that the Village Attorney, the Mayor,
and the Village Clerk do all things necessary to be done in the commence-
ment, prosecution and successful termination of such action.
Adopted by the Village Council this 1st day of May, 1962
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Attest:
Village Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by Member Scherer and, upon vote being taken thereon, the following voted
in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi;
and the following voted against the same: None;
whereupon said resolution was declared duly passed and adopted, signed by
the Mayor and his signature attested by the Village Clerk.
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