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84-025 - 03-22 - Authorize Purchase or Condemnation Certain Property for Streets and Public Purposes - TH 55 South Frontage RoadResolution 84-25 March 22, 1984 Member Thompson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF CERTAIN PROPERTY FOR STREETS AND PUBLIC PURPOSES - SOUTH FRONTAGE ROAD OF T.H. 55 WHEREAS, it appears that it is necessary and desirable to acquire the easements hereinafter described for street, roadway and utility purposes and for the purpose of constructing and maintaining a slope adjacent to the roadway; and WHEREAS, the acquisition of said easement 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 lands hereinafter described be acquired by purchase or condemnation, and the Mayor, Acting 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 to -wit: Perpetual easement for street, roadway and utility purposes and permanent slope easements in, on, over and across the following described property: All that part of the Northwest quarter of the Southwest quarter of Section 33, Township 118 North, Range 21, West of the 5th Principal Meridian, which lies south of 6th Avenue North, except railroad right-of-way. Lots 8, Block 3, including vacated Douglas Drive North adjoining Lot 8, Block 3, all in Westchester, according to the plat thereof on file or of record in the office of the Register of Titles of Hennepin County. Said perpetual easements for street, roadway and utility purposes is described as lying Northeasterly, Northerly and Northwesterly of the following described lines: Beginning at a point on the southerly right-of-way line of State Highway No. 55 a distance of 40.0 feet westerly of its intersection with the west line of the Northwest quarter of the Southwest quarter of said Section 33, as measured along said southerly right-of-way line; thence southeasterly, passing through a point on the west line of said Northwest quarter, a distance of 65.0 feet, said point is 28.0 feet south of the intersection of the west line of said Northwest quarter with the southerly right-of-way of State Highway No. .55, as measured along said west line; thence easterly, deflecting to the left 35 degrees 00 minutes 00 seconds a distance of 85.0 feet; thence northeasterly, deflecting to the left 28 degrees 00 minutes 00 seconds a distance of 80.0 feet; thence easterly a distance of 80.0 feet, more or less, to the southerly right-of-way line of State Highway No. 55; and said line there terminating, and also; The east 570.0 feet of all that part of the above described tract lying northerly of a line that is 10.0 feet southerly of and parallel with the southerly right-of-way line of State Highway 55 and westerly of the most westerly right-of-way line of the Minneapolis Northfield Southern Railway. Resolution 84-25 - Continued March 22, 1984 Said permanent slope easements are described as follows: All that part of the Northwest quarter of the Southwest quarter of said Section 33 lying northwesterly of the following described line: Commencing at a point in the east line said Northwest quarter a distance of 22.0 feet south of its intersection with the southerly right-of-way line of State Highway No. 55; thence southwesterly to a point in the easterly right-of-way line of the Minneapolis Northfield and Southern Railroad right-of-way a distance of 75.0 feet southerly of its intersection with the southerly right-of-way line of State Highway No. 55 as measured along said easterly right-of-way line and said line there terminating. Also; All that part of the Northwest quarter of the Southwest quarter of said Section 33, lying northeasterly and northerly of the following described line: Commencing at a point in the westerly line of the Minneapolis Northfield and Southern Railroad right-of-way, a distance of 80.0 feet southerly of its intersection with the southerly right-of-way line of State Highway No. 55, as measured along said westerly line; thence northwesterly a distance of 460.0 feet to a point that is 24.0 feet southerly of the southerly right-of-way of State Highway No. 55; as measured perpendicular to the last described course; thence westerly, a distance of 340.0 feet, more or less to the intersection with the most southerly right-of-way line of State Highway No. 55 and said line there terminating. The North 139.0 feet of the West 128.9 of all that part of Government Lot 3, Section 33, Township 118, Range 21, lying South of State Highway No. 55. Said Permanent Slope Easement is described as follows: Beginning at the Northwest corner of the above described tract; thence southerly along the west line thereof a distance of 22.0 feet; thence northeasterly to a point on the north line thereof distant 60.0 feet east of the Northwest corner thereof as measured along said north line; thence west along the north line thereof to the point of beginning. All that part of the Railway right-of-way lying in the northwest quarter of the southwest quarter of said Section 33. Said Permanent Slope Easement is described as follows: Beginning at the point of intersection of the most westerly right-of-way line of the Minneapolis Northfield and Southern Railway with the southerly right-of-way line of State Highway No. 55, thence southerly along said westerly right-of-way line a distance of 75.0 feet, thence easterly parallel to said southerly right-of-way line a distance of 90.0 feet, thence northerly parallel to said westerly right-of-way line a distance of 80.0 feet thence westerly to the point of beginning. Resolution 84-25 - Continued And also, March 22, 1984 Beginning at the point of intersection of the easterly right-of-way line of the Minneapolis Northfield and Southern Railway with the southerly right-of-way line of State Highway No. 55; thence southerly along said easterly right-of-way line a distance of 82.0 feet; thence southwesterly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 27.0 feet; thence northerly parallel to said easterly right-of-way line a distance of 100.0 feet; thence easterly parallel to said southerly right-of-way line a distance of 25.0 feet; thence southeasterly to the point of beginning. 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 easements 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 acquisition of the above-described land is necessary and desirable, and the purposes aforesaid for which said lands are to be acquired are proper and necessary public purposes. ry E. jkhderson, Mayo ATTEST: WJNa,,,,lyy,- Dep y City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson and Thompson, and the following voted was absent: Stockman, 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.