1953-237r
RESOLUTION N0. 237
RESOLUTION AUTHORIZING THE CONDEI~iATION
OF CERTAIN LANDS
WHEREAS, it appears to this Council that certain land hereinafter described
is needed as an outlet for a storm sewer for this Village; that said property or
some part thereof is or may be claimed by the State of Minnesota; and that if said
land or some part thereof is owned by the State of Minnesota, this Village may use
the same as an outlet for a Village storm sewer pursuant to permi ssion granted by
.the State of Minnesota to the'Village of Richfield, and
WHEREAS, it appears to this Council that said property and property abutting
thereon is c=.~~«~d-as~~t~-e~aned~rePert~~--and that if ~ +TG~r~ vfltP~ y owned
it is subject to development for private purposes, and
WHEREAS, it appears to this Council that is is necessary and expedient to-the
public health, convenience and general welfare to acquire the property herein-
after described for street purposes and as a location for a Village storm sewer
if such land is privately owned.., and
WHEREAS, it appears to this Council that it is not possible for this Council
'to determine the question of ownership of said property, but that such determination •
will have to•be made by a court of competent jurisdiction in order to resolve such
conflicting claims of ownership, and
WHEREAS, it appears necessary and desirable to proceed with the construction
of said storm sewer without further delay leaving the ultimate question of owner-
ship of said property to be determined by a court of competent jurisdiction.
NOW THEREFORE BE IT RESOLVED by the Village Council of the Village of
Richfield, Hennepin County, Minnesota as followst
1. That it is hereby determined to be necessary and expedient to the public
health, convenience and general welfare to acquire such of the following described
property in the County of Hennepin, State of M~.nnesota, for street purposes as is
privately owned, to-wits
A strip of land sixty (60) feet in width across that parcel of
land hereinafter described and designated as "Tract ~", said strip
of land being thirty (30) feet on each side of the following
described center line, to-wit;
Commencing at a point on the West line of Section Twenty-
seven (27), TownsT~~.p Twenty-eight (28), Range Twenty=four (2!~),
West of the ~.th Principal Meridian,, distant Three Hundred Ten
(310) feet north of the Southwest corner of Government Lot One
• (1); thence Northeasterly in a straight line to the. intersection
_ of~the center line of Lyndale Avenue with the center line of West
. _ ~~th Street extended.
"Tract A" as hereinbefore referred to is that part of Government
~~ Lot One (1),, Section Twenty-seven (27), Township Twenty-eight
(28), Range- Twenty-four (2!~), West of the I~th Principal Meridian,
described as followss
Beginning at a point on the West 1 ine of said Section Twenty-
seven (27), at the meander corner of the Southerly share of
Grass Lake, which point is distant (3ne Hvn.dred Fifty-six and
2/10 (156.2) feet more or less North from the Southwest
corner of Government Lot On$ (~l), thence North Forty {~,0) degrees
Fifty-three (53) minutes East One Hundred Sixty (160) feet;
~~ ~ ~ (Resolution No. 23? Continued)
thence North Fifty-three (53) degrees Thirty-four (3!~) minutes
East One Hundred Ten and 2/10 (110.2) feet; thence South Eighty-
two X82) degrees Fifty-six (56) minutes East Two Hundred Two
and 7/10 (202.7) feet; thence north eigh•t~two (82) degrees.
Thirty-four (3~.) minutes East to the Westerly line of Lyndale
Avenue; thence Northerly along the Westerly line of said Lynda3.e
Avenue to its intersection with a line bearing North Sixty-two
(62) degrees Thirty-four (3!~) minutes East from a point on the
West line of Said Section Twenty-seven (27) distant Nineteen Hundred
Thirty-six and 18/100 (1936.18) feet South from the Northwest
corner-thereof; thence South Sixty-two (62} degrees Thirty-four
(3!~) m3:nutes West Five Hundred Ten (510) feet more•ar less, to
the Northeasterly shore of Grass Lake in Section Twenty-eight (28);
thence Southeasterly along said shore line to the West line of
Section Twenty-seven (27); thence South to beginning.,
2. That the Village Manager, Mayor,. Clerk and Attorney are hereby author-
ized and directed to acquire said property by instituting eminent domain pro-
ceedings to acquire the same provided that if it shall be finally determined
by a court of competent jurisdiction that said property or some part thereof
is owned by the State of Minnesota, such proceeding may be dismissed as to
such property eo owned.
3. That the Village Manager, Mayors Clerk and Attorney-are hereby
authorized and directed to take such steps .as may be necessary to affect
the objects and purposes of the foregoing resolution.
Adapted by the Village Council this 12th day of November, 1953.
ATTEST:
v~' Fred 11er
Paul Ha~igen Mayor
Clerk
L oy afton
anager