12-14 Resolution No. 11906RESOLUTION NO. 11906
RESOLUTION AUTHORIZING ACQUISITION BY
EMINENT DOMAIN AND APPROVAL OF
APPRAISED VALUES OF EASEMENTS FOR
65T" STREET IMPROVEMENTS PROJECT
WHEREAS, the City Council has authorized the project titled 65t" Street
Improvements Project (the "Project"); and
WHEREAS, the Project area includes a 0.7-mile segment of 65t" Street and Rae
Drive between Nicollet Avenue and 66t" Street; and
WHEREAS, the Project scope includes Improvements and streetscape
improvements that will improve pedestrian and bicycle safety and mobility, mitigate
localized flooding issues between Nicollet and Lyndale Avenues, and replace
infrastructure that has reached the end of its useful life; and
WHEREAS, the Project is scheduled to be constructed in 2022 and 2023; and
WHEREAS, the City Council finds that it is necessary to acquire certain
permanent easements and temporary construction easements (collectively, the
"Easements"), legally described in Exhibit A attached hereto, in order to install and
maintain the Project; and
WHEREAS, the City has engaged a qualified independent consultant to provide
an opinion of damages caused by the Easement acquisitions from each impacted
property; and
WHEREAS, the City has made offers of compensation to the landowners for the
Easements consistent with the independent opinions of damages; and
WHEREAS, the City's consultant has been diligently working with the
landowners of the impacted properties to reach agreements to voluntarily convey the
Easements; and
WHEREAS, despite these efforts, conveyance documents for the Easements
from owners and/or lenders of the following parcels are still needed to ensure the City's
ability to construct the Project:
• Parcel 1 (6501 Lyndale Avenue South) — Lyndale Station, LLC
• Parcel 2 (6500 Lyndale Avenue South) — 256 Holdings, LLC
WHEREAS, the City Council finds it reasonably necessary, proper and
convenient, and in the interest of the general welfare that the City acquire by eminent
domain title to and possession of the Easements in furtherance of the Project; and
Resolution No. 11906 1
WHEREAS, the City Council finds that the construction schedule for the Project
makes it necessary to acquire title to and possession of the Easements prior to the filing
of the final report of the condemnation commissioners to be appointed by the district
court; and
WHEREAS, the City Council finds that appraisers opinions of damages caused
by the acquisition of the Easements, as indicated below, reflect fair market value:
Parcel $2,800.00
Parcel $15,900.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that:
1. The acquisition of the Easements is necessary and for a public purpose in
furtherance of the Project; and
2. The law firm of Kennedy & Graven, Chartered, is authorized and directed to
take all steps necessary on behalf of the City to acquire through eminent
domain the Easements that are not acquired by voluntary negotiation,
including filing an action in eminent domain and using the quick take
procedure under Minn. Stat. § 117.042; and
3. The appraised values for the Easements reflect the fair market values thereof
and are hereby approved for the purposes of Minn. Stat. § 117.042; and
4. City staff and Kennedy & Graven are authorized to modify the legal
descriptions of the Easements for the purpose of accurately describing the
necessary property as depicted on the plans for the Project.
Adopted by the City Council of the City of Richfield, Minnesota, this 14th day of
December 2021.
an ��R� MV
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
Resolution No. 11906 2
The foregoing resolution was moved by Council Member Hayford Oleary and
seconded by Council Member Supple
The following voted in the affirmative:
Mayor Regan Gonzalez, Council Member Supple, Council Member Hayford Oleary,
Council Member Trautmann and Council Member Whalen.
The following voted against:
Council Member
was absent.
Resolution No. 11906
EXHIBIT A
Legal descriptions of easements
[attached]
:Tzme M Cm 01remifiF: oR
PARCEL I
A perpetual easement lying over, under and across all that part of the following described
property:
Lot 1, Block 1, LYNDALE STATION, according to the recorded plat thereof Hennepin
County, Minnesota.
Said perpetual easement is described as lying northwesterly of the following described line:
Commencing at the west Quarter corner of Section 27, Township 28, Range 24, said Hennepin
County; thence on an assumed bearing of North 89 degrees 28 minutes 00 seconds East, along
the south line of the Southwest Quarter of the Northwest Quarter of said Section 27, a distance of
475.78 feet; thence North 20 degrees 24 minutes 54 seconds East, a distance of 378.78 feet;
thence northeasterly, a distance of 164.88 feet, along a tangential curve, concave to the west,
having a radius of 359.40 feet and a central angle of 26 degrees 17 minutes 09 seconds, to the
point of beginning; thence North 18 degrees 29 minutes 15 seconds East, not tangent to said
curve, a distance of 101.11 feet; thence northeasterly, a distance of 18.60 feet, along a tangential
curve, concave to the southeast, having a radius of 19.00 feet and a central angle of 56 degrees
05 minutes 07 seconds; thence North 74 degrees 34 minutes 22 seconds East, a distance of 7.21
feet, to the north line of said Lot 1 and there terminating.
A temporary easement lying over, under and across all that part of the following described
property:
Lot 1, Block 1, LYNDALE STATION, according to the recorded plat thereof Hennepin
County, Minnesota.
Said temporary easement is described as lying southeasterly of the following described Line A
and northwesterly of and a line parallel with and 4.5 feet southeasterly of said Line A and its
northeasterly extension:
Line A: Commencing at the west Quarter corner of Section 27, Township 28, Range 24, said
Hennepin County; thence on an assumed bearing of North 89 degrees 28 minutes 00 seconds
East, along the south line of the Southwest Quarter of the Northwest Quarter of said Section 27,
a distance of 475.78 feet; thence North 20 degrees 24 minutes 54 seconds East, a distance of
378.78 feet; thence northeasterly, a distance of 164.88 feet, along a tangential curve, concave to
the west, having a radius of 359.40 feet and a central angle of 26 degrees 17 minutes 09 seconds,
to the point of beginning; thence North 18 degrees 29 minutes 15 seconds East, not tangent to
said curve, a distance of 101.11 feet; thence northeasterly, a distance of 18.60 feet, along a
Resolution No. 11906 5
tangential curve, concave to the southeast, having a radius of 19.00 feet and a central angle of 56
degrees 05 minutes 07 seconds; thence North 74 degrees 34 minutes 22 seconds East, a distance
of 7.21 feet, to the north line of said Lot 1 and there terminating.
Said temporary easement to begin April 1, 2022, and expire June 30, 2023.
I:Tzme M Cm 01remifiF: oR
PARCEL 2
A perpetual easement lying over, under and across all that part of the following described
property:
Tract A, Registered Land Survey No. 1318, Hennepin County, Minnesota.
Together with:
That part of Tract B, Registered Land Survey No. 1318 Hennepin County, Minnesota,
lying Easterly and Northerly of the following described line: Beginning at the Southwest
corner of Tract A, Registered Land Survey No. 1318; thence Southerly along the
Southerly extension of the Westerly line of Tract A, at a distance of 8.62 feet; thence
Easterly deflecting to the left 82 degrees 13 minutes 28 seconds to the Easterly line of
said Tract B and there terminating.
Said perpetual easement is described as lying southeasterly of the northwesterly 30.00 feet of the
above described property, lying westerly of the easterly 20.00 feet of the above -described
property and lying northeasterly of the following described line:
Commencing at the west Quarter corner of Section 27, Township 28, Range 24, said Hennepin
County; thence on an assumed bearing of North 89 degrees 28 minutes 00 seconds East, along
the south line of the Southwest Quarter of the Northwest Quarter of said Section 27, a distance of
475.78 feet; thence North 20 degrees 24 minutes 54 seconds East, a distance of 378.78 feet;
thence northeasterly, a distance of 231.70 feet, along a tangential curve, concave to the west,
having a radius of 359.40 feet and a central angle of 36 degrees 56 minutes 16 seconds; thence
South 73 degrees 28 minutes 38 seconds West, not tangent to said curve, a distance of 46.78 feet;
thence North 18 degrees 40 minutes 16 seconds West, a distance of 10.00 feet, to the point of
beginning; thence northwesterly, a distance of 27.82 feet, along a tangential curve, concave to
the southwest, having a radius of 22.50 feet and a central angle of 70 degrees 50 minutes 49
seconds; thence westerly, a distance of 16.10 feet, along a compound curve, concave to the
south, having a radius of 62.50 feet and a central angle of 14 degrees 45 minutes 20 seconds to
the south line of said northwesterly 30.00 feet and there terminating.
Except that part thereof lying within the westerly 10.00 feet of the easterly 30.00 feet of the
southerly 10.00 feet of the northwesterly 40.00 feet of the above -described property.
A perpetual easement lying over, under and across all that part of the following described
property:
1:ramInarm► OW`RIIII
Tract A, Registered Land Survey No. 1318, Hennepin County, Minnesota.
Together with: That part of Tract B, Registered Land Survey No. 1318 Hennepin County,
Minnesota, lying Easterly and Northerly of the following described line: Beginning at the
Southwest corner of Tract A, Registered Land Survey No. 1318; thence Southerly along the
Southerly extension of the Westerly line of Tract A, at a distance of 8.62 feet; thence Easterly
deflecting to the left 82 degrees 13 minutes 28 seconds to the Easterly line of said Tract B and
there terminating.
Said perpetual easement is described as lying southeasterly of the northwesterly 30.00 feet of the
above described property, lying westerly of the easterly line of the above -described property and
lying northeasterly of the following described line:
Commencing at the west Quarter corner of Section 27, Township 28, Range 24, said Hennepin
County; thence on an assumed bearing of North 89 degrees 28 minutes 00 seconds East, along
the south line of the Southwest Quarter of the Northwest Quarter of said Section 27, a distance of
475.78 feet; thence North 20 degrees 24 minutes 54 seconds East, a distance of 378.78 feet;
thence northeasterly, a distance of 244.45 feet, along a tangential curve, concave to the west,
having a radius of 359.40 feet and a central angle of 38 degrees 58 minutes 12 seconds; thence
South 71 degrees 26 minutes 42 seconds West, not tangent to said curve, a distance of 33.00 feet
to said easterly line of the above -described property and the point of beginning; thence 11.89
feet, along a non -tangential curve concave to the southwest, having a radius of 150.00 feet, a
central angle of 04 degrees 32 minutes 28 seconds West and a chord bearing North 37 degrees 02
minutes 25 seconds West; thence 24.03 feet along a compound curve, having a radius of 35.00
feet and a central angle of 39 degrees 20 minutes 18 seconds to the south line of said
northwesterly 30.00 feet.
A temporary easement lying over, under and across all that part of the following described
property:
Tract A, Registered Land Survey No. 1318, Hennepin County, Minnesota.
Said temporary easement is described as lying southeasterly of the northwesterly 30.00 feet of
said Tract A, lying westerly of the easterly 20.00 feet said Tract A, lying 2 feet southwesterly of
and parallel with the following described Line A:
Line A: Commencing at the west Quarter corner of Section 27, Township 28, Range 24, said
Hennepin County; thence on an assumed bearing of North 89 degrees 28 minutes 00 seconds
East, along the south line of the Southwest Quarter of the Northwest Quarter of said Section 27,
a distance of 475.78 feet; thence North 20 degrees 24 minutes 54 seconds East, a distance of
1:ramInarm► OW`RIIII
378.78 feet; thence northeasterly, a distance of 231.70 feet, along a tangential curve, concave to
the west, having a radius of 359.40 feet and a central angle of 36 degrees 56 minutes 16 seconds;
thence South 73 degrees 28 minutes 38 seconds West, not tangent to said curve, a distance of
46.78 feet; thence North 18 degrees 40 minutes 16 seconds West, a distance of 10.00 feet, to the
point of beginning; thence northwesterly, a distance of 27.82 feet, along a tangential curve,
concave to the southwest, having a radius of 22.50 feet and a central angle of 70 degrees 50
minutes 49 seconds; thence westerly, a distance of 16.10 feet, along a compound curve, concave
to the south, having a radius of 62.50 feet and a central angle of 14 degrees 45 minutes 20
seconds to the south line of said northwesterly 30.00 feet and there terminating.
And
lying northwesterly of the following described line:
Commencing at the intersection the westerly line of said Tract A and the southerly line of said
northwesterly 30.00 feet of said Tract A, thence South 07 degrees 34 minutes 18 seconds East,
6.79 feet; to the point of beginning; thence North 77 degrees 22 minutes 23 seconds East, 16.35
feet; thence South 30 degrees 43 minutes 56 seconds East, 14.79 feet; thence North 58 degrees
44 minutes 04 seconds East, 38.99 feet; thence North 29 degrees 43 minutes 20 seconds West,
23.90 feet; thence North 58 degrees 40 minutes 52 seconds East, 85.06 feet to its intersection
with a line 2 feet southerly of and parallel with said line A.
Except that part thereof lying within the westerly 10.00 feet of the easterly 30.00 feet of the
southerly 10.00 feet of the northwesterly 40.00 feet of the above -described property.
Said temporary easement to begin April 1, 2022, and expire June 30, 2023.
A temporary easement lying over, under and across all that part of the following described
property:
Tract A, Registered Land Survey No. 1318, Hennepin County, Minnesota except the
easterly 20 feet thereof.
Said temporary easement is described as follows:
Commencing at the Northwest corner of said Tract A, thence South 07 degrees 34 minutes 18
seconds East, assumed bearing along the west line of said Tract A, 57.20 feet; thence North 60
degrees 01 minutes 11 seconds East, 166.26 feet to the westerly line of said easterly 20 feet and
the point of beginning; thence South 60 degrees 01 minutes 11 seconds West, 6.85 feet; thence
South 29 degrees 58 minutes 49 seconds East, 28.08 feet to the westerly line of said easterly
1:ramInarm► OW`RIIII
20.00 feet Tract A thence northerly along said westerly line of said easterly 20 feet to the point
of beginning.
Said temporary easement to begin April 1, 2022, and expire June 30, 2023.
Resolution No. 11906 10