79-6071R~ /J
: RESOLUTION Nd. 6071
RESOLUTION ESTA$LISFtING JUST `C011PENSATIOfI
'`~ AND PROVIDIlG FOR .THE COf1MENCE~~1ENT
OF NECOTIATLONS FOR THE PURC,'-IASE OF
PERPETUAL EASEMEP~TS, LYNDALE AVENUE
t~1HEREAS, the Richfield City.Council- (City.) desires to.'make certain
improvements to Lyndale Avenue in the area of the LHIV P.edevelopment Project;
and,
lr1HEREAS, these improvements will provide for increased pedestrian and
motor vehicular safety as we1'1 as enhancement of the visual ir?a~e of the
area.; and,
t~1HEP.EAS, the irprovements will provide expanded roadv~ay areas to accomo-
date medians and turning lanes and for the installation of landscape elements
such as sideUralks, plant materials and street furniture; and,
!JHEREAS, to install these improvements it is necessary to acquire addi-
tionai Land from private property oti}~ners; and,
b1HEREAS, the City has caused appraisals of the affected property to be
made, has carefully considered such appraisals, and believes the h~ork of such
appraisers tivas 'performed in a competent manner and in accordance with applicable
law.
NOGJ, THERE FORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD:
1. That it is necessary to acquire permanent easements over, under
and across the.. following described areas tidith Just Compensation set as
indicated.
For improvements to the roaduray (vrith exception noted)
Easement Area ~2 X70,000;
Lots land 2, and Lots Il through l7 inclusive, Bloch I, Fair~•rood Shores,
according to the recorded plat thereof.
The easementsare described as folloa~~s:.
'' -.That part of said Lots 1 and 2 lyinn northerly of a line dra~•an from
a point on the easterly line of said Lot 1 distant. 35.00 feet
southerly, as measured at right ankles, from the nortH line of
said Lot 1 to a point on the westerly line of said Lot 2 distant
25.00 feet southerly, as measured at right angles from the north
l ne of said Lot 2.
and
The easterly 22.00 feet of said Lots I6 and 17 and. that part of said
Lots 14 and 15 lying easterly of a line- draarn from a point. on the
/4
northerly line of said Lot 15 distant 22.00 feet westerly; as
measured at right angles, from the easterly line of said Lot 15~
to a point on .the southerly line of said Lot 14 distant 10.00
feet westerly. as measured ~t right angles, from the easterly
line of said Lot 14.
.;f
Together with an easement for landscaping ouraoses over, under, and -
across that part of the easterly 22.00 feet of said. Lots 14 and 15
lying westerly of the above described right-of-way easement.
Easement.Area rr6 516,000
The northwesterly 17.00 feet of;the following described property:
A11 of Lots 6 and 7; B1ock,3, Lvndale Shores on ktood Lake; according
to the. recorded plat thereof, and that part. of Lot 8, said Block 3,~
described as follows:
,,
Beginning at a point on the northwesteriy line of said. Lot 8 distant -
30.00 .feet northeasterly from the southwesterly corner thereof; thence
southwesterly to said sguth~~esterly corner; thence southeasterly 4Q.00
feet along the southwesterly line of said'Lot 8; thence north~lesterly to
the point of beginning.
For improvement to pedestrian areas. -~
Easer~ent Area X44, 45, 46, 27, 29 555.,.000.
Easement Areas n44, 45, 46
That part of the following described land.(description copied from Certificate of
Title No. 537960, files of the:.2egstrar of Titles, Hennepin County, Minnesota):
_ That part of Government Lot 3 and the accretions thereto ,.Section 28,
Township 28, Range 24 all described as beginning at a point on the East
line of said Government Lot 3 distant .1176.30 feet South from the North-
east corner of said Government Lot 3, thence South along said East-line a
'distance-of 145..60 feet; thence. South 77 degrees, 48 minutes t•Jest (assuming
said East 1ir1e as bearing North and South) to the mean center line of brass
Lake, which center line is marked by Judicial Landmarks set pursuant 'to
Torrens Case Numbers 4042 and A-2547:; thence Northwesterly along said
center line to its intersection with aline bearing South 82 degrees !hest
from,the point of beginning: thence North 82 degrees East to the point
of beginning according to the Government Survey thereof.
That-part of Government. Lot 1, Section 27, Township 28, Range 24 and that
part of Government. Lot 3 and the accretions thereto Section 28, Township 28,
Range 24 all described as beginning at a point on the .East line of said
Government Lot 3 distant 121.90 feet South from the Northeast corner of
said Government Lot 3; thence South along said East line to its intersection
with. the Southwesterly line of Lyndale; thence Southeasterly along the
Southwesterly line of Lyndale Avenue to its intersection with a line
bearing North G2 degrees 4Q minutes East. (assuming the East line of said
Government Lot 3 as bearing florthand South) from a point on the East line
of said Government Lot 3 di'~,stant 1456.30 feet South from the. Northeast
corner of said Government Lot 3, thence South 62 de~rees:40 minutes 1~Jest
to the mean center line of ',Grass Lake, which center line is marked by Judicial
... _ .
75
i_andmarks set pursuant to Torrens Case Numbers 4024. and A-25~~7; thence
Northwesterlyalong said center line to its intersection with a line
bearing South 77 degree s:. 48 minutes>!Jest. from he point of beainnin~;
thence North 77 degrees 48 ninutes East to the-point of beginning, accord-
ing to the Government. Survey thereof.
That part of Government Lot 1, Section 27, Township 28, Rance 24, and
that part `of Government Lot 3 and the accretions thereto Section 28,
Township 28, Ranc;c_24 all described as beginning at a point on the
East Tine of said Government Lot 3 distant 1456.30 feet South fror?
the.Pdortheast corner of said Goverment Lot 3; thence "forth 62 decrees
40 minutes East.(assuming said East line as bearing r~lorth and South)
to the South~~~esterly line of Lyndale Avenue; thence Southeasterly along
-the Southwesterly line of Lyndale Avenue to the most ~.^lortherly corner of
Tract A, Registered Land Survey Number 675,- Files of the Registrar of
Titles, Hennepin County, Minnesota; thence Southwesterly along the North-
westerly .line of said Tract A and its extension to the ^iean center; line
of Grass Lake., which :center line is marked by Judicial Landmarks set
pursuant to Torrens Case fdumbers 4024 and A-2547; thence 'VorthLVesterly
along said center line to its intersection with aline bearing South 62
degrees 40 minutes tJest from the point of beanninc; thence ~lorth 62
degrees 40 minutes East to the point of beginning, according to the
Government Survey thereof,
except that part. of above Parcels l., 2, and .3, described as follor!s:
That part of the Northeast Quarter of Section 28, To4vnship 28, Range 24
described as follows: Comr~encnn at the Northeast corner of said Section 28:
thence on an assumed bearing of due South along the East line of said
Section 28, fora distance of 1176.30 feet to a point hereinafter referred
to as Point A, thence continuing due South alono~said East line of
Section 28, a distance of 419.98 feet, more or less to its intersectio n
with the Northwesterly line of Tract. A, Registered Land Survey •!o. 675;
thence South 550 l4' blest along said Northwesterly line of Tract A and
its Southwesterly_ extension a distance. of 178.99 feet to the actual point
of beginning of the parcel to be described; thence continuinn along said
line South.550 14' West to the P~1ean center line of Richfield Lake, vahich
center line is marked by Judicial Landmarks set pursuant to Torrens Case
~Jumber 4024 and A-2547; thence North~~~esterly along said center line to
its intersection with a line bearing South 820 CO' !lest from the above
described Point A; thence ~lorth 82° 00' East to a point on said line a
distance of X42.58 feet Southwesterly from the above described Point A;
thence South 120 16' 44" East a distance of 374.92 feet; thence North
770 43' 16" East a distance of 164.29 feet; thence. Southeasterly a
distance of 123.77 feet more or less to the actual point of .beginning,
a11' in Hennepin County, f1innesota.
bJhich lies .easterly of a line described as follows:
Beginning at the roost northerly corner of Tract A, Registered Land Survey
i~lo. 675, files of the P,egistrar of Titles, Hennepin County, flinnesota;
thence Southti•iesterly 8.00 feet at right angles to the fiortheasterly line
of said. Tract A; thence Northwesterly 70.00 feet parallel with said
flortheasterly line; thence deflecting to the left 60 degrees 00 minutes
to a point distant 20.00 feet from the Southwesterl~,~ line of Lyndale Avenue,
76
x• .
anal to saidSouthwesterl line; thence Northv~esterl
as measured no ~ Y Y
and PJortherly 400.00 feet, concentric`o.r parallel with the South-
westerly grid 6•lesterly 1ine,of Lync~ale Avenue,. and there terminating.
~ ~ ',
-Easement Area 727
5 fi'1es of the Registrar
That part of Tract A, Registered Land Survey No. 67 _
Titles,. Hennepin County, P1innesota which lies easterly of a line described
as follows:'
Beg,inning'at a point on the Northwesterly line of said Tract-A distant
~;
-r
The northeasterly 20.00 feet of the northwesterly 15.00 feet
of Tract B, Registe-red Land Survey No. 675, files of the Registrar
of Titles, Hennepin County',, ~1innesota.
8.00 feet Southwesterly..from the Northeasterly line of said Tract A;
thence Southeasterly 75.00'~feet, parallel with said Northeasterly"1i'ne;
.thence Southwesterly, deftectin~ to the right 45 degrees 00'minutes;
to a point distant 20.00 feet Southwesterly from said f~Jortheasterly line;
thence Southeasterly 80 feet, parallel with said ^lortheasterly line, and
there terminating. -
Easement Area X29 -
The northeasterly 20.00 feet of Tract B, Re:nistered Land Survey ^do. 675
files of the Registrar of ,Titles, Hennepin County, flinnesota, except
the northviesterly 15.00 feet thereof.
Easement Area X28 $500
to the recorded ~1at thereof.
Easement .754. $7,000:
The easterly 10.00 feet of the 'fol loving property:
That part of Lot 23, Block 3, Fairwood Shores, according to the
recorded plat thereof, lying northerly of a line drav~n northviesterly
at right angles to the east. line of said lot from a point on said
east line distant 44 feet 'northerly from the southeast corner thereof.
Easement Area X53 $15,000
The easterly 10.00 .feet of Lot 1, Block 3, Fairwood Shores, according
Easement-~55 $5,000
The eas erly .10.00-feet of the fol'.owing property:
Commencing at a point on the Southerly line of Lot 23, Block 3,
Fairwood Shores, at a point 75 feet t~lest, measured along the
south line of said Lot 23 from the Southeast corner thereofc
thence East along the South. line of said Lot 23 a distance of 75
feet to the Southeas corner thereof; thence Northeasterly along
the East line of said Lot 23 a distance of 44 feet; thence ^+orth~.vesterly
at right angles a distance of X4.4 feet; thence South~~~esterly to
the point of beginning a distance of 78.4 .feet.,. more'or less.
i~
Easement Area X56 X5,000
The southeasterly 10.00 feet of the north~~~esterly 14.00 feet ,of
Lots 24 and 25, and Block 4, Lyndale Shores on ,lood Lake., accordinn to
~~ the recorded plat thereof.
2. That the City f~1a-Hager-and the City.Attorney are authorized and
directed to commence.negotiations for the purchase of the aerpetual easements
described above.
3. That the. City Manager is hereby directed to notify, in ~~rritin~, the.
owners of the subject properties, as-soon as possible, that the City presently
intends to acquire a perpetual easement arovided negotiations result in the
determination of a mutually agreeable sales price, The City ti1ana~er,sha71
include with such notifications a statement which complies with requirements
of regulations of the Department of Housing and Urban Development,~2n C.F.R. ~
~ 42.135.
~~ 4. That upon the completion of the negotiations, the City P-1anaaer shall
report back to the City with a proposal for the purchase of skid perpetual
easements which is acceptable to the owner(s), and shall report his recommenda-
tions relating to said proposals.
Passed by the City Council, of the City of Richfield this9thday of April,
1979.
or n Law ayor
ATTEST:
homas J. Mo n City Clerk