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#098 10-20-81 Purchase Condemnation Property for Utiliites, Draining, MaintenanceResolution #98 October 20, 1981 16 1 Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF EASEMENTS OVER, UNDER AND ACROSS CERTAIN PROPERTY FOR PUBLIC SLOPES, UTILITIES, DRAINAGE, CONSTRUCTION, STREET AND MAINTENANCE WHEREAS, it appears that it is necessary and desireable to acquire the real estate hereinafter described to be used for public slopes, utilities, drainage, construction, street and maintenance; and WHEREAS, the acquisition of said easements through direct purchase or condemnation appears to be desirable and reasonable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the easements over, under and across the lands hereinafter described, to be used for slopes, utilities, drainage, construction, street and maintenance, be acquired by purchase or condemnation, and the Mayor, City Manager, City Clerk and City Attorney are hereby authorized and directed to take all necessary steps and to execute all necessary documents in connection with the acquisition of said easements, over, under and across the following described land, to -wit: PARCEL 1 (REGENT AVENUE) All that part of Tract B, Registered Land Survey No. 303, described as follows: Commencing at the most northerly corner in the most easterly line of Tract B, Registered Land Survey No. 303; thence south along the most easterly line thereof, a distance of 49.0 feet to the actual point of beginning of the tract of land to be described; thence deflecting to the right 52 degrees 00 minutes 00 seconds southwesterly a distance of 49.0 feet; thence south parallel to the east line thereof to the most southeasterly line of said Tract B; thence northeasterly along the most southeasterly line of said Tract B to the most easterly line thereof; thence north along the most easterly line of Tract B, Registered Land Survey No. 303 to the point of beginning. PARCEL 2 (REGENT AVENUE) All that part of Tract A, Registered Land Survey No. 150, lying northerly of the following described line: Commencing at the southeast corner of said Tract A; thence north along the east line of said Tract A 128.50 feet to the point of beginning of the line to be described; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds to the northwesterly line of said Tract A, and said line there terminating. PARCEL 3 (REGENT AVENUE) All that part of Lot 36, Block 4, Westurban, lying southerly of the following described line: Commencing at the northwest corner of said Lot 36; thence south along the west line thereof, 120.0 feet; thence easterly deflecting to the left 90 degrees 00 minutes 00 seconds to the southeast line of said Lot 36 and said line there terminating. 162 Resolution #98 - Continued October 20, 1981 PARCEL 4 (REGENT AVENUE) All that part of Lot 35, Block 4, Westurban, described as follows: Commencing at the southwest corner of said Lot 35, thence north along the west line thereof 98.0 feet to the actual point of beginning of the tract of land to be described; thence deflecting to the right 52 degrees 00 minutes 00 seconds, northeasterly a distance of 49.0 feet; thence north parallel to the west line of said Lot 35 to the most northwesterly line thereof; thence southwesterly along the most northwesterly line of said Lot 35 to the west line thereof; thence south along the west line of said Lot 35 to the point of beginning. PARCEL 5 (NOBLE AVENUE) All that part of Lot 1, Block 1, Spruce Addition, Hennepin County, Minnesota, lying northerly of the following described line: Commencing at the point of intersection of the southerly extension of the west line of said Lot 1, with the southwesterly extension of the southerly line of said Lot 1; thence northerly along said extension and the west line of said Lot 1 a distance of 368.50 feet to the actual point of beginning of the line to be described; thence easterly, deflecting to the right 90 degrees, 00 minutes 00 seconds to the intersection with the northerly line of said Lot 1, and said line there terminating. PARCEL 6 (MINNAQUA AVENUE) All that part of Tract E, Registered Land Survey No. 462, lying within the circumference of a circle having a radius of 35.0 feet. The center of said circle is a point on the centerline of Minnaqua Avenue described as follows: Commencing at the southeast corner of Tract D, Registered Land Survey No. 462; thence southwesterly along the southerly line of said Tract D, 24.89 feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.0 feet to the centerline of Minnaqua Avenue; thence southwesterly a distance of 184.25 feet along a curve concave to the northwest and tangential with the centerline of said Minnaqua Avenue, to said center point; said curve has a radius of 457.33 feet and a central angle of 33 degrees 48 minutes 00 seconds. PARCEL 7 (MINNAQUA AVENUE) All that part of Lot 18, Auditors Subdivision No. 361, lying within the circumference of a circle having a radius of 35.0 feet. The center of said circle is a point on the centerline of Minnaqua Avenue described as follows: Commencing at the southeast corner of Tract D, Registered Land Survey No. 462; thence southwesterly along the southerly line of said Tract D, 24.89 feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.0 feet to the centerline of Minnaqua Avenue; thence southwesterly a distance of 184.24 feet along a curve concave to the northwest and tangential with the centerline of said Minnaqua Avenue, to said center point; said curve has a radius of 457.33 feet and a central angle of 33 degrees 48 minutes 00 seconds. i� Resolution #98 - Continued October 20, 1981 163 BE IT FURTHER RESOLVED that the independent appraisals of the above-described easements which shall be obtained as required by applicable Minnesota law be transmitted to the owners of said properties and that offers to purchase said properties be made to the said owners for the amounts of said appraisals; and BE IT FURTHER RESOLVED that in the event any of the above-described easements cannot be acquired by negotiated purchase pursuant to said appraisals, the appropriate officers of the City described above be authorized and directed to commence the appropriate condemnation proceedings; and BE IT FURTHER RESOLVED that the acquisitions of the above-described easements are necessary and desirable, and the purposes aforesaid for which said easements are to be acquired are proper and necessary public purposes. Rose ry Th Mayor ATTEST: y a CP Cl er The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. ri