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06-9858r RESOLUTION NO. 9858 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR STREET RECONSTRUCTION AND OTHER PUBLIC PURPOSES WHEREAS, the City Council of the City of Richfield ("City") is the official governing body of the City of Richfield; and WHEREAS, the City of Richfield, a Minnesota municipal corporation, acting by and through its City Council, is authorized by law to acquire real estate which is needed for public use or purpose; and WHEREAS, the City Council has approved a two-lane roundabout design for intersection improvements at 66th Street and Portland Avenue ("Project"); and WHEREAS, the City Council has held numerous meetings and hearings concerning the need for the Project, alternative designs for the Project, and the public safety concerns to be addressed by the Project; and WHEREAS, implementation of the plans and designs for the Project requires that the real estate described in Exhibit A attached hereto ("Subject Properties") be acquired; and WHEREAS, the City desires to facilitate completion of the street reconstruction and other activities which are contemplated by the plans and specifications for the Project; and WHEREAS, on June 8, 2000, the Metropolitan Council selected the Project to receive federal funds in the amount of $2,226,336 as part of the state transportation improvement program; and WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the public health, convenience, and general welfare of the citizens of the City that title to and possession of the Subject Properties be acquired for the furtherance of the Project; and WHEREAS, the City Council finds that the construction schedule for the Project makes it necessary to acquire title to and possession of the Subject Properties 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 RICHFIELD, as follows: 1. It is the considered judgment of the City Council that the Subject Properties be acquired for the stated public purposes and, if necessary, through the exercise of the power of eminent domain. 2. The City Manager and the City Attorney are authorized and directed to take all steps necessary to acquire the Subject Properties by filing an action in eminent domain, negotiation of early entry authorization, and the use of the quick-take procedure pursuant to Minnesota Statutes, Section 117.042. 3. The City Manager is authorized to determine the amount of the City's approved appraisal of value for the Subject Properties pursuant to Minn. Stat. ~117.042, the quick-take statute. 4. The maximum reimbursement for re-establishment expenses that will be made to any business displaced as a result of the Project shall be $50,000. Adopted by the City Council this 12th day of December 2006. q~&U Martin J. Kirsch, Mayor ATTEST: ~~ EXHIBIT A Leqal Description of Real Estate to be Acquired Parcel Property Address Nature of Taking: Fee, Partial Fee, Easement No. and Tax ParcellD 2 27-028-24-14-0011 Fee taking in entirety of the South 150 feet of the 6544 Portland Ave. East 158 feet of the Southeast Quarter of the So. Northeast Quarter of Section 27, Township 28, Range 24, according to the United States Government Survey thereof and situate in Hennepin County 7 26-028-24-32-0033 Permanent right of way easement; permanent 6600 Oakland Ave. sidewalk and utility easement; temporary So. construction easement as further described below 8 26-028-24-32-0034 Permanent right of way easement; permanent 601 66th Street East sidewalk and utility easement; temporary construction easements as further described below 23 27 -028-24-41-0006 Permanent right of way easement; permanent 6600 Portland Ave. sidewalk and utility easement; temporary So; construction easements as further described below 24 27 -028-24-41-0022 Permanent sidewalk and utility easement; 6601 Fifth Ave. So. temporary construction easement as further described below Description of Partial Taking for Parcel 7 That part of the following described tract of land in the City of Richfield: Lot 18, Auditor's Subdivision No. 340, Hennepin County, Minn. Which lies within the following permanent easements for right-of-way purposes: The North 8.00 feet of Lot 18, Auditor's Subdivision No. 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Also which lies within the following permanent easement for utility and sidewalk purposes: That part of Lot 18, Auditor's Subdivision No. 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies southerly of the northerly 8.00 feet thereof and which lies northerly of the following described line: Commencing at the northeast corner of said Lot 18; thence South 00 degrees 16 minutes 30 seconds, assumed bearing along the east line of said Lot 18, 15.00 feet to the point of beginning of said line to be hereinafter described; thence South 87 degrees 17 minutes 21 seconds West, 37.33 feet; thence South 02 degrees 42 minutes 39 seconds East, 4.00 feet; thence South 87 degrees 17 minutes 21 seconds West, 20.00 feet; thence North 02 degrees 42 minutes 39 seconds West, 4.00 feet; thence South 87 degrees 17 minutes 21 seconds West, 11.69 feet, to the west line of said Lot 18 and said line there terminating. Also which lies within the following temporary easement for construction purposes: That part of the South 15.00 feet of the North 23.00 feet of Lot 18, Auditor's Subdivision No. 340, Hennepin County, Minnesota, lying southerly of the above described permanent easement for utility and sidewalk purposes. Description of Partial Taking for Parcel 8 That part of the following described tract of land in the City of Richfield: Lots 19 and 20 Auditor's Subdivision Number 340, Hennepin County, Minnesota. Which lies within the following permanent easement for right-of-way purposes: That part of Lots 19 and 20, Auditor's Subdivision Number 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies westerly, northwesterly and northerly of the following described line: Commencing at the southwest corner of said Lot 19; thence South 89 degrees 55 minutes 19 seconds East, assumed bearing along the south line of said Lot 19, 16.00 feet to the point of beginning of said line to be hereinafter described; thence North 10 degrees 35 minutes 39 seconds West, 53.32 feet; thence North 00 degrees 19 minutes 41 seconds East, 18.49 feet; thence northerly and northeasterly, 40.97 feet, along a tangential curve, concave to the southeast, having a radius of 63.00 feet, and a central angle of 37 degrees 15 minutes 27 seconds, the chord of said curve bears North 18 degrees 57 minutes 25 seconds East; thence continuing northeasterly 15.58 feet, along a compound curve, concave to the southeast, having a radius of 297.00 feet, and a central angle of 03 degrees 00 minutes 21 seconds, the chord of said curve bears North 37 degrees 22 minutes 16 seconds East; thence continuing northeasterly, 35.45 feet, along a compound curve, concave to the southeast, having a radius of 54.00 feet, and a central angle of 37 degrees 36 minutes 41 seconds, the chord of said curve bears North 57 degrees 36 minutes 30 seconds East; thence continuing northeasterly, 30.15 feet, along a compound curve, concave to the southeast, having a radius of 285.00 feet and a central angle of 06 degrees 03 minutes 44 seconds, the chord of said curve bears North 79 degrees 26 minutes 42 seconds East; thence easterly, 23.29 feet, along a compound curve, concave to the south, having a radius of 97.00 feet, and a central angle of 13 degrees 45 minutes 15 seconds, the chord of said curve bears North 89 degrees 21 minutes 12 seconds East; thence South 83 degrees 46 minutes 11 seconds East, tangent to the last described curve, 21.18 feet; thence South 88 degrees 46 minutes 43 seconds East, 56.38 feet, to the east line of said Lot 19, and said line there terminating. Also which lies within the following permanent easement for utility and sidewalk purposes: That part of Lots 19 and 20, Auditor's Subdivision Number 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies westerly, northwesterly and northerly of the following described line: Commencing at the southwest corner of said Lot 19; thence South 89 degrees 55 minutes 19 seconds East, assumed bearing along the south line of said Lot 19, 26.00 feet, to the point of beginning of said line to be hereinafter described; thence North 01 degrees 53 minutes 13 seconds East, 12.86 feet; thence South 90 degrees 00 minutes 00 seconds West, 9.59 feet; thence North 00 degrees19 minutes 41 seconds East, 42.61 feet; thence northerly, 6.46 feet, along a tangential curve, concave to the east, having a radius of 19.00 feet, and a central angle of 19 degrees 29 minutes 03 seconds; thence North 19 degrees 48 minutes 44 seconds East, tangent to the last described curve, 25.45 feet; thence North 28 degrees 31.minutes 39 seconds East, 13.50 feet; thence North 37 degrees 42 minutes 06 seconds East, 19.80 feet; thence North 58 degrees 18 minutes 48 seconds East, 21.66 feet; thence North 79 degrees 41 minutes 49 seconds East, 26.33 feet; thence North 82 degrees 30 minutes 10 seconds East, 14.42 feet; thence North 90 degrees 00 minutes 00 seconds East, 69.03 feet; thence North 87 degrees 17 minutes 21 seconds East, 15.09 feet, to the east line of said Lot 19, and said line there terminating. Except that part which lies within the above described permanent easement for right of way purposes. Also which lies within the following temporary easements for construction purposes: The North 57.00 feet of the west 86.00 feet of Lot 20, Auditor's Subdivision Number 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Except that part which lies within the above described permanent easements. And also, the west 31.00 feet of lot 19, in said plat, and also the west 31.00 feet of the south 33.00 feet of Lot 20, in said plat. Except that part which lies within the above described permanent easements. And also, a strip of land 5.00 feet in width over that part of said Lot 19, the north line of which is contiguous with the south line of the above described permanent easement for utility and sidewalk purposes. Said strip of land is to extend by its full width from the east line of said Lot 19, to a line drawn parallel with and distant 47.50 feet west of said east line of Lot 19. Description of Partial Taking for Parcel 23 That part of the following described tract of land in the City of Richfield: (THE TRACT) Lots 1, 2 and 3, including the east % of vacated alley adjacent thereto Block 1, Mccatchans Portland Avenue Park, Hennepin County, Minnesota. Which lies within the following permanent easement for right of way purposes: That part of Lots 1, 2, and 3, including the east %of the vacated alley adjacent thereto Block 1, McCutchan's Portland Avenue Park, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies northeasterly of the following described line: Commencing at a point on the east line of said Lot 1, distant 24.43 feet south of the northeast corner thereof, as measured along said east line; thence northwesterly, 31.85 feet along a non-tangential curve concave to the southwest, having a radius of 51.00 feet, and a central angel of 35 degrees 47 minutes 02 seconds, to a point on the north line of said Lot 1, distant 19.76 feet west of said Northeast corner as measured along said north line and said line there terminating. Also which lies within the following permanent easement for utility and sidewalk purposes: That part of said Lots 1, 2, and 3, Block 1, which lies northerly, easterly, northeasterly and northerly of the following described line and which lies southerly of the above described permanent easement for right of way purposes: Commencing at the Southeast corner of said Lot 3, thence North 00 degrees 28 minutes 23 seconds East, assumed bearing along the east line of said Lot 3,47.50 feet, to the point of beginning of said line to be hereinafter described; thence North 89 degrees 40 minutes 19 seconds West, 9.30 feet; thence 00 degrees 19 minutes 41 seconds East, 60.34 feet; thence northwesterly, 11.84 feet along a non-tangential curve concave to the southwest, having a radius of 125.00 feet, and a central angle of 05 degrees 25 minutes 33 seconds, the chord of said curve bears North 20 degrees 08 minutes 15 seconds West; thence continuing northwesterly, 22.49 feet along a non-tangential curve concave to the southwest, having a radius of 37.00 feet, and a central angle of 34 degrees 50 minutes 01 seconds the chord of said curve bears North 40 degrees 16 minutes 01 seconds West; thence continuing northwesterly, 10.46 feet along a non-tangential curve concave to the southwest, having a radius of 282.00 feet, and a central angle of 02 degrees 07 minutes 32 seconds, the chord of said curve bears North 58 degrees 44 minutes 49 seconds West; thence continuing northwesterly, 9.41 feet along a non-tangential curve concave to the southwest, having a radius of 48.00 feet, and a central angle of 11 degrees 13 minutes 36 seconds, the chord of said curve bears North 65 degrees 25 minutes 23 seconds West, to its intersection with a line drawn parallel with and distant 2.00 fete south of the north line of said Lot 1; thence North 89 degrees 51 minutes 24 seconds West, along said parallel line, 93.69 feet, to the west line of the east half of the vacated alley adjacent to said Lots 1, 2 and 3. Also which lies within the following temporary easements for construction purposes: A strip of land 12.00 feet in width over that part of said Lot 3, the northeasterly line of which is contiguous with the southeasterly line of said Lot 3. Said strip of land is to extend by its full width from the south line of said Lot 3, to the south line of the above described permanent easement for utility and sidewalk purposes and its westerly extension thereof. And also a strip of land 3.00 feet in width over that part of said Lots 1 and 2, the easterly, northeasterly, and northerly line of which is contiguous with the westerly, southwesterly and southerly line of the above described permanent easement for utility and sidewalk purposes. Said strip of land is to extend by its full width from the south line of the above described permanent easement for utility and sidewalk purposes and its westerly extension thereof, to the centerline of said vacated alley. Description of Partial Taking for Parcel 24 That part of the following described tract of land in the City of Richfield: (THE TRACT) Lots 22, 23 and 24, Block 1, McCutchan's Portland Avenue Park, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, together with the west half of vacated alley adjoining said lots lying between the extensions across it of the north line of said Lot 24 and the south line of said Lot 22. Which lies within the following permanent easement for utility and sidewalk purposes: That part of (THE TRACT) which lies northerly of the following described line: Beginning at a point on the west line of (THETRACT) distant 3.33 feet south of the Northwest corner thereof, as measured along said west line; thence easterly to a point on the east line of (THE TRACT), distant xx feet, south of the Northeast corner of (THE TRACT) as measured along said east line, said east line being the centerline of the vacated alley, and said line there terminating. Also which lies within the following temporary easement for construction purposes: The North 6.00 feet of (THE TRACT). Except that part of (THE TRACT), which lies within the above described permanent easement for utility and sidewalk purposes.