89-064 - 11-08 Authorize Eminent Domain Street Improvement Medicine Lake kRoad 89 SI 8Resolution 89-64
November 8, 1989
Member Stockman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS AND
ACQUISITION PURSUANT TO MINNESOTA STATUTES 117.042
FOR STREET IMPROVEMENT PROJECT - MEDICINE LAKE ROAD (89 SI 8)
WHEREAS, the City of Golden Valley (hereafter City) in conjunction with the
County of Hennepin and the Cities of New Hope and Crystal pursuant to a Joint
Powers Agreement propose to construct and improve State Aid Highway No. 70,
commonly known as Medicine Lake Road; and
WHEREAS, the City has identified this project as Golden Valley Street
Improvement Project No. 89 SI 8; and
WHEREAS, Bonestroo, Rosene, Anderlik and Associates, acting as the lead
engineers for the joint project have prepared a September 26, 1988 feasibility
report indicating that the project is feasible from an engineering standpoint;
and
WHEREAS, the feasibility report was duly presented and accepted by the
Golden Valley City Council; and
WHEREAS, the project provides for the reconstruction of Medicine Lake Road
between State Highway 169 (Old County Road 18) and Douglas Drive. The
reconstruction includes upgrading said road from an existing two lane roadway to
a 48 foot wide four lane roadway pursuant to plans and specifications prepared
in accordance with State Aid Standards. The project will also include the
following improvements:
1. A 5' wide concrete sidewalk along each side of the roadway constructed
within the existing right-of-way or easements acquired as part of the
project.
2. The removal of the temporary signals at Hillsboro Avenue and Nevada Avenue
and upgraded to permanent signals.
3. The removal of the existing bridge over the Soo Line Railroad and constructing
an at grade crossing with signals and gates; and
WHEREAS, said improvements as herein described are hereby determined as
necessary to provide for the health, safety and welfare of the traveling public;
and
WHEREAS, temporary construction easements and permanent right-of-way or
street easements described in the attached Exhibit A are required to provide for
said construction and are hereby determined as reasonably necessary and convenient
to the furtherance of the project; and
WHEREAS, it is further determined that the acquisition of said easements
will provide for and promote the health, safety and welfare of the traveling
public; and
WHEREAS, the City has the authority to acquire private property for right-
of-way or street easements pursuant to Minnesota Statutes 412.221; and
Resolution 89-64 - Continued
November 8, 1989
WHEREAS, the City has the authority to acquire the right-of-way or street
easements prior to the filing of an award by the court appointed commissioners,
pursuant to Minnesota Statutes 117.011 and 117.042; and
WHEREAS, Federal Aid Urban Funding (FAU) has been authorized for this project
and that the use of said funding requires the City to make a direct offer of
purchase for the acquisition of the described easements prior to acquisition by
eminent domain proceedings; and
WHEREAS, appraisals have been or will be completed by an independent fee
appraiser and review appraiser to determine the fair market value of the
required easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley as follows:
1. That the City Manager or any person designated by the City Manager is hereby
directed to make direct offers of purchase to all owners of the property for
acquisition of temporary construction and permanent right-of-way or street
easements described in the attached Exhibit A in the amounts determined by
the fee appraiser as the fair market value of said easements.
2. In the event the acquisition of said easements by direct purchase are not
successfully completed within 30 days of the date said offers are made, the
City Manager or his designated representatives are hereby authorized to
acquire the easements described in the attached Exhibit A by the power of
eminent domain in the manner provided by Minnesota Statutes Chapter 117, as
amended.
3. The City Council does hereby determine it necessary to proceed without delay
to take title and possession of the property described in attached Exhibit A
prior to the filing of an award by court appointed commissioners pursuant to
Minnesota Statutes 412.221, 117.011 and 117.042.
4. The City Manager or his designated representatives are hereby authorized to
file the necessary Petition and notices to acquire the necessary property by
the "Quick -Take" procedure of Minnesota Statutes 117.042 therefor, and to
prosecute such action to a successful conclusion or until it is abandoned,
terminated or dismissed by the Court.
Mary. , erson, Mayor
the motion for the adoption of the foregoing resolution was seconded by Member
Thompson and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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.
Resolution 89-64 - Continued November 8, 1989
Exhibit A
GOLDEN VALLEY REAL ESTATE ACQUISITION COST ESTIMATES
GOLDEN VALLEY PROJECT 89 SI 8
PARCEL # ADDRESS
R. E.
ACQUISITION
TYPE COST
73
9315 Medicine Lake Road
Commercial
$ 800
72
71
2504 Hillsboro Avenue North
Commercial
1,500
9145 Medicine Lake Road
Church
116
70
9105 Medicine Lake Road
Single Family
95
69
9039 Medicine Lake Road
Single Family
130
68
9011 Medicine Lake Road
Single Family
260
67
8955 Medicine Lake Road
Single Family
45
66
8925 Medicine Lake Road
Single Family
45
65
8809 Medicine Lake Road
Single Family
35
64
8805 Medicine Lake Road
Single Family
35
63
2545 Cavell Avenue North
Single Family
45
62
8755 Medicine Lake Road
Single Family
45
83
2575 Broggers Circle
Single Family
70
78
8555 Medicine Lake Road
Single Family
15
82
8401 Medicine Lake Road
Single Family
20
61
8025 Medicine Lake Road
Church
225
60
2575 Winnetka Avenue North
Cemetery
2,760
59
2550 Winnetka Avenue North
Commercial!
5,200
58
7825 Medicine Lake Road
Commercial)
1,500
57
7751 Medicine Lake Road
Commercial,
1,500
56
2418 Rhode Island Avenue North
Apartment',
1,000
55
54 & 53
2525 Nevada Avenue North
Industrial
6,000
7155 Medicine Lake Road
Industrial
1,228
52
7125 Medicine Lake Road
Single Family
120
51
7105 Medicine Lake Road
Industrial
450*
50
6945 Medicine Lake Road
Industrial
200
49
2450 Louisiana Avenue North
Industrial
30
48
6909 Medicine Lake Road
Single Family
120
47
6839 Medicine Lake Road
Single Family
280
46
6829 Medicine Lake Road
Single Family
160
45
6809 Medicine Lake Road
Single Family
165
44
2400 Sandburg Lane
School
36
43
6747 Medicine Lake Road
Single Family
25
42
6725 Medicine Lake Road
Single Family
50
41
6709 Medicine Lake Road
Single Family
35
40
6641 Medicine Lake Road
Single Family
30
39
6621 Medicine Lake Road
Single Family
30
38
6601 Medicine Lake Road
Single Family
50
37
6531 Medicine Lake Road
Single Family
65
36
6525 Medicine Lake Road
Single Family
50
35
6509 Medicine Lake Road
Single Family
130
34
6435 Medicine Lake Road
Single Family
60
33
6409 Medicine Lake Road
Single Family
50
32
6339 Medicine Lake Road
Single Family
45
Total
$24,770
*Revision in process, this is expected revision acquisition cost