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79-6095R111 Resolution No. 6095 RESOLUTIODI AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINEIQT DOMAIN PROCEEDINGS WHEREAS, the City of Richfield, Minnesota, has undertaken a program of .public improvements within the Lyndale-Hub-Nicollet Commercial Improvement Project area; and WHEREAS, such public improvements include the construe tion of sidewalk, street and landscape areas, such improvements being for. a public purpose; and WHEREAS, in order to construct. such improvements, the City Council finds it necessary,; proper and expedient in the interest of the public health, convenience and general welfare of the citizens of the City of Richfield, for the City to acquire both permanent easements and temporary construction easements to the properties hereinafter described for the public purposes hereinafter set forth; and WHEREAS, in order to expedate the malting of such improvements, it is necessary and in the public interest that the easements to and the possession created by such easements be acquired before the. filing of an award by court-appointed commissioners; and NOW THEREFORE, be it resolved by the City Council of the City of Richfield, 1~Qinnesota, as follows: 1. Commencement of eminent domain and the acquisition of title and possession in the name of the City of Richfield, Minnesota is authorized for the purpose of obtaining permanent easements for the constructing, reconstructing and maintaining public street, landscape and sidewalk areas; and temporary construction easements required for .such construction. The real property over, under, across and through which such easements shall be acquired being in Hennepin County and legally described as follows: A. Parcel 44, 45 and 46 That part of parcels 44, 45 and 46 lying easterly of a line described as follows: (a) Permanent Easement: Beginning at the most northerly corner of Tract A, Registered Land Survey No. 675, Thence Southwesterly 8.00 feet at right angles to the Northeasterly line of said Tract A; thence Northwesterly 70.00 feet parallel with said North- easterly line; thence deflecting to the left 60 degrees 00 minutes to a point distance 20.00 feet from the Southwesterly line of Lyndale Avenue, as measured normal to said Southwesterly line; thence Northwesterly and northerly 400.00 .feet concentric or parallel_.with the Southwesterly and Westerly line of Lyndale Avenue and there terminating. Resolution No. 6095 -2- (b) Temporary Construction Easement: Over, under, across and through that .part. of parcels 44, 45 and 46 which li~s easterly of a line lying 5.00 feet westerly from and parallel to the above described permanent easement area. Such easement shall begin on June 1, 1980. and expire on November 1, 1980. B. Parcel 27 (a) Permanent Easement That part of Tractl,A, Registered Land Survev 675 lying easterly, of a line,, described as follows: Beginning at a point on the Northwesterly line of Tract A distance 8.00 feed, Southwesterly. from the Northwesterly line of said Tracts, A; thence Southeasterly 75.00 feet parallel with said'i Northeasterly line; thence Southwesterly deflecting to the ;right 45 degrees 60 minutes, to a point distant 20.00 feet; Southwesterly from said Northeasterly line; thence Southeasterly 80.00 feet, parallel with said Northeasterly line; and there terminating.. (b) Temporary Easement: Over, under, across and through that part of Tract A, Registered Land. Survey- .675 tiahich lies easterly of a line lying 5.00 feet Westerly and parallel to the above described permanent easement area. Such easement shall begin on June 1, 1;980 and expire on November 1, 1980. C. Parcel 29 (a) Permanent Easement': For landscaping purposes, over, under, across and through', the Northeasterly 20.00 feet of Tract B, Registered Land Survey 675, except the Northwesterly 15.00 feet thereof (b) Temporary Construction Easement: Over, under, across and through the Southwesterly 5.00 feet of the Northeasterly 25..00 feet of Tract B, Registered Land Survey 675. 'Such easement shall begin on June 1, 1980 and expire on November 1, 1980. D . Parcel 2 (a) Permanent Easementl; For public right-of-way, over, under, across and through',, that part of Lots 1 and 2, Block 1, Fairwood Shores lying Northerly of a line drawn from a point on the easterly line. of said Lot 1 distant 35.00 . feet southerly, aspmeasured at right angles, 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 line of said Lot 2. xesotuLion i~o. ovti~ J - and The easterly 22.00. feet of Lots 16 and 17 and that part of Lots 14 and 15, all-Block l,`Fairwood Shores, lying easterly of a line drawn from a point on the 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 at right angles from the easterly line of said Lot 14. and For public landscaping purposes over, under, across and through that part of the easterly 22.00 feet of said Lots 14 and 15, lying westerly of the above described right-of-way easement. (b) Temporary Construction Easement: Over, under, across and through that part of Lots l and 2, Block 1, Fairwood Shores lying at a line lying 5.00 feet southerly of the above described permanet easement. and Over, under, across and through the westerly 5.00 feet of the easterly 27.00 feet of Lots 14, 15, 16 and 17, Block 1, Fairwood Shores such easements sha 11 begin on June 1, 1980 and expire on November 1, 1980. E. Parcel 56 (a) Permanent Easement: For landscaping purposes. over, under, across and through the Southeasterly 10.00 feet of the Northwesterly 14.00 feet of Lots 24 and 25, Block 4, Lyndale Shores on Wood Lake. (b) Temporary Construction Easement: Over, under, across and through the southeasterly 5.00 feet of the Northwesterly 19.00 feet of Lots 24 and 25, Block 4, Lyndale Shores on ~~dood Lake. Such easements shall begin on June l,, 1980 and expire on November 1, 1980. F. Parcel 55 (a ) Permanent Easement: For landscaping purposes over, under, across and through the easterly 10.00 feet of the following described property: Commencing at a point on the Southerly line of Lot 23, Block 3, Fairwood Shores, at a point 75.00 feet West, measured along the South line of said Lot 23 from the Southeast corner thereof; thence East along the South line of said Lot 23 a distance of 75 feet to the southeast corner thereof; thence Northeasterly along Resolution No. 6095 the East line thence NorthwE 6 4.4 feet; thi beginning a i -4- of said. Lot 23 a distance of 44.00 feet; ~sterly at right angles a distance of once Southwesterly to the point of iistance of 78.4 feet, more or less.- (b} Temporary Construction Easement: Over, under, across and through that part of Lot 23, Block 3, Fairwood Shores', described above and lying easterly of a line lying 5..00 feet westerly and parallel to the above described permanent easement area. Such easement shall begin on June 1, 1'980 and terminate on November 1, 1980. G. Parcel 6 (a) Permanent Easement': For public right-of-way purposes over, under, across .and through the. Northwesterly 17.00 feet of the Lots 6 and 7, Block 3, Lyndale Shores on Wood Lake and that part of Lot 8, Block 3 described as follows: .Beginning at the southwest corner of Lot 8; thence north 30 feet'', along the West line of said Lot; thence Southeasterly! 50..00 feet more or less on a straight line to a po:n.t on the south line of said Lot which is 40.00 feet from the Southwest corner thereof; and thence. West 40.00 feet along the south line of said Lot to the southwest''corner thereof and the point of beginning and there terminating. - (b) Temporary Construction Easement: Over, under, across and through the southeasterly 5.00 feet the northwesterly '~22. 00 feet of Lots 6 and 7, and that -part of Lot 8 described', above, all Block 3, Lyndale Shores on Wood Lake. Such easement shall begin on June 1, 1980 and expire on November', 1, 1980.. H. Parcel 7 (a) Permanent Easement': For public right-of-way purposes over the Northwesterly !17.00 feet of Lots 9 and 10, Block 3, Lyndale Shores on Wood .Lake and Lot 8, Block 3 except that part described in paragraph 9 above (Parcel 6). (b) Temporary Construction Easement: Over, under, across and through the southeasterly 5.00 feet of the Northwesterly 22.00 feet of Lot 9 and 10 and that part of Lot 8'described above, all in Block 3, ! Lyndale Shores on Wood Lake.. Resolution No. 6095 'S" I. Parcel 28 (a) Permanent Easement: For landscaping purposes over, under, across and through the Northeasterly 20.00 feet of the Northwesterly 15.00 feet of Tract B, Registered Land Survey No. 675. (b) Temporary Construction Easement: Over, under, across and through the southwesterly 5.00 feet of the Northeasterly 25.00 feet of the Northwesterly 15.00 feet of Tract B, Registered Land Survey No. 675. 2. The mayor, city manager and city attorney are authorized to take all steps necessary to institute and prosecute all proceedings required in connection herewith.. Passed by the City Council of the City of Richfield, this 11th day of June, 1979.. Oren L. a ayor ATTEST: e!~~~,7'~sl'~- Thomas J. oran City Clerk