City Council Resolution 2017-80CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2017-80
RESOLUTION AUTHORIZING CONDEMNATION OF LAND
FALLON AVENUE OVERPASS PROJECT
CITY PROJECT NO. 16CO06
WHEREAS, the City Council of the City of Monticello does hereby determine that it is
necessary and for a public use and purpose to acquire fee title and/or permanent and temporary
easements over the property legally described on the attached Exhibit "A", subject to engineering
modifications, if any, for purposes in connection with the Fallon Avenue Improvement Project;
and
WHEREAS, City staff and consultants have and will continue to work with the property
owners to acquire the necessary property; and
WHEREAS, the City Council finds that construction timing makes it necessary to
acquire the necessary title to and possession of the property as soon as possible in order for the
project to proceed in an efficient, cost effective and expeditious manner.
NOW, THEREFORE, be it resolved by the City Council of the City of Monticello,
Minnesota:
1. That the City Attorney is authorized to commence eminent domain proceedings
pursuant to Minnesota Statutes Chapter 117 to acquire the necessary fee title and/or permanent
and temporary easements over the properties identified on the attached Exhibit "A", subject to
engineering modifications, if needed.
2. That the City Attorney is authorized to acquire the necessary property interests
pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042.
3. That the Mayor and the City Administrator are authorized to execute all
documents necessary, in the opinion of the City Attorney, to effect the acquisition of the
necessary property interests.
4. The City has obtained appraisals of the property being acquired. The Council has
approved the appraisals and authorizes the City staff and consultants to continue negotiations
with the property owners relating to the acquisition of the necessary property interests.
Adopted by the City Council of Monticello this 23rd day of October, 2017.
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Brian , Stump fMa�
Y
ATTEST:
Jeff O' ity Administrator
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CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I hereby certify that the foregoing is a true and correct copy of Resolution 2017-79 duly
passed, adopted and approved by the Monticello City Council at their scheduled meeting on
October 23, 2017, and recorded in minutes of said meeting.
�jur
Je>�nifer 4Scr ' r, City Clerk
Notary c:Publi.
Date: /-? %_ ac)/ 7
, 'IM who
�. VICKI JAN LEERHOFF
NOTARY PuBu c
MINNESOTA
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EXHIBIT "A"
Parcel 1
A permanent easement for roadway purposes over, under, and across that part of the above
described property which lies easterly and southerly of the following described line:
Commencing at the southeast corner of said Block 42, thence on an assumed bearing of North 31
degrees 23 minutes 46 seconds East, along the east line of said Block 42, a distance of 29.32 feet to the
point of beginning of the line to be described; thence South 69 degrees 16 minutes 27 seconds West a
distance of 33.37 feet; thence North 64 degrees 17 minutes 05 seconds West a distance of 63.85 feet;
thence South 25 degrees 42 minutes 55 seconds West a distance of 5.00 feet to the south line of said
Block 42, and said line there terminating.
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies easterly and southerly of the following described line:
Commencing at the southeast corner of said Block 42, thence on an assumed bearing of North 31
degrees 23 minutes 46 seconds East, along the east line of said Block 42, a distance of 38.88 feet to the
point of beginning of the line to be described; thence South 78 degrees 51 minutes 04 seconds West a
distance of 44.50 feet; thence North 64 degrees 17 minutes 05 seconds West a distance of 57.19 feet;
thence South 25 degrees 42 minutes 55 seconds West a distance of 12.00 feet to the south line of said
Block 42, and said line there terminating.
EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above described property which lies easterly and southerly of the following described line:
Commencing at the southeast corner of said Block 42, thence on an assumed bearing of North 31
degrees 23 minutes 46 seconds East, along the east line of said Block 42, a distance of 29.32 feet to the
point of beginning of the line to be described; thence South 69 degrees 16 minutes 27 seconds West a
distance of 33.37 feet; thence North 64 degrees 17 minutes 05 seconds West a distance of 63.85 feet;
thence South 25 degrees 42 minutes 55 seconds West a distance of 5.00 feet to the south line of said
Block 42, and said line there terminating.
Said temporary easement to commence on February 15, 2018 and expire February 28, 2020.
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Parcel 2
A permanent easement for roadway purposes over, under, and across that part of the above described
property which lies easterly, southerly and northerly of the following described line:
Commencing at the northwest corner of said Outlot A, thence on an assumed bearing of South 64
degrees 19 minutes 34 seconds East, along the north line of said Outlot A, a distance of 258.33 feet to
the point of beginning of the line to be described; thence South 40 degrees 22 minutes 34 seconds East
a distance of 24.19 feet; thence southeasterly a distance of 46.28 feet along a tangential curve concave
to the southwest having a radius of 72.00 feet and a central angle of 36 degrees 49 minutes 42 seconds;
thence southeasterly a distance of 56.52 feet along a reverse curve concave to the northeast having a
radius of 86.00 feet and a central angle of 37 degrees 39 minutes 17 seconds; thence South 31 degrees
23 minutes 48 seconds East, not tangent to the last described curve, a distance of 73.47 feet; thence
South 58 degrees 36 minutes 12 seconds East a distance of 47.50 feet to the east line of said Outlot A,
and said line there terminating.
A permanent easement for drainage and utility purposes over, under, and across the west 50.00 feet of
the east 97.50 feet of the above described property.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Construction 5 Addition,
according to the recorded plat thereof, Wright County, Minnesota and per Document No. 395543.
AND ALSO EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above described property which lies easterly, southerly and northerly of the following described
line:
Commencing at the northwest corner of said Outlot A, thence on an assumed bearing of South 64
degrees 19 minutes 34 seconds East, along the north line of said Outlot A, a distance of 258.33 feet to
the point of beginning of the line to be described; thence South 40 degrees 22 minutes 34 seconds East
a distance of 24.19 feet; thence southeasterly a distance of 46.28 feet along a tangential curve concave
to the southwest having a radius of 72.00 feet and a central angle of 36 degrees 49 minutes 42 seconds;
thence southeasterly a distance of 56.52 feet along a reverse curve concave to the northeast having a
radius of 86.00 feet and a central angle of 37 degrees 39 minutes 17 seconds; thence South 31 degrees
23 minutes 48 seconds East, not tangent to the last described curve, a distance of 73.47 feet; thence
South 58 degrees 36 minutes 12 seconds East a distance of 47.50 feet to the east line of said Outlot A,
and said line there terminating.
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies easterly and northerly of the following described line:
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Commencing at the northwest corner of said Outlot A, thence on an assumed bearing of South 00
degrees 03 minutes 07 seconds East, along the west line of said Outlot A, a distance of 13.32 feet;
thence South 64 degrees 19 minutes 34 seconds East a distance of 262.32 feet to the point of beginning
of the line to be described; thence South 25 degrees 16 minutes 54 seconds East a distance of 51.80 feet
to the west line of the east 97.50 feet of said Outlot A, and said line there terminating.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Construction 5 Addition,
according to the recorded plat thereof, Wright County, Minnesota and per Document No. 395543.
AND ALSO EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above described property which lies easterly, southerly and northerly of the following described
line:
Commencing at the northwest corner of said Outlot A, thence on an assumed bearing of South 64
degrees 19 minutes 34 seconds East, along the north line of said Outlot A, a distance of 258.33 feet to
the point of beginning of the line to be described; thence South 40 degrees 22 minutes 34 seconds East
a distance of 24.19 feet; thence southeasterly a distance of 46.28 feet along a tangential curve concave
to the southwest having a radius of 72.00 feet and a central angle of 36 degrees 49 minutes 42 seconds;
thence southeasterly a distance of 56.52 feet along a reverse curve concave to the northeast having a
radius of 86.00 feet and a central angle of 37 degrees 39 minutes 17 seconds; thence South 31 degrees
23 minutes 48 seconds East, not tangent to the last described curve, a distance of 73.47 feet; thence
South 58 degrees 36 minutes 12 seconds East a distance of 47.50 feet to the east line of said Outlot A,
and said line there terminating.
Said temporary easement to commence on February 15, 2018 and expire February 28, 2020.
Parcel 3
A permanent easement for roadway purposes over, under, and across that part of the above described
property which lies northerly and easterly of the following described line:
Commencing at the southwest corner of said Lot 1, thence on an assumed bearing of North 31 degrees
23 minutes 48 seconds East, along the westerly line of said Lot 1, a distance of 186.69 feet to the point
of beginning of the line to be described; thence South 70 degrees 56 minutes 00 seconds East a distance
of 29.34 feet; thence southeasterly a distance of 101.79 feet alnno a tanaPntiad curve conravA tn thin
a a......�. , , ., — u.
southwest having a radius of 132.00 feet and a central angle of 44 degrees 11 minutes 03 seconds to the
easterly line of said Lot 1, and said line there terminating.
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A temporary easement for construction purposes over, under, and across that part of the above
described property which lies westerly, northerly and easterly of the following described line:
Commencing at the southwest corner of said Lot 1, thence on an assumed bearing of North 80 degrees
25 minutes 27 seconds East, along the south line of said Lot 1, a distance of 39.73 feet; thence North 31
degrees 23 minutes 48 seconds East a distance of 58.44 feet to the point of beginning of the line to be
described; thence South 58 degrees 36 minutes 12 seconds East a distance of 7.00 feet; thence North 31
degrees 23 minutes 48 seconds East a distance of 83.02 feet; thence South 58 degrees 36 minutes 12
seconds East a distance of 98.76 feet to the easterly line of said Lot 1, and said line there terminating.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Construction 5 Addition,
according to the recorded plat thereof, Wright County, Minnesota and per Document No. 395543.
AND ALSO EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above described property which lies northerly and easterly of the following described line:
Commencing at the southwest corner of said Lot 1, thence on an assumed bearing of North 31 degrees
23 minutes 48 seconds East, along the westerly line of said Lot 1, a distance of 186.69 feet to the point
of beginning of the line to be described; thence South 70 degrees 56 minutes 00 seconds East a distance
of 29.34 feet; thence southeasterly a distance of 101.79 feet along a tangential curve concave to the
southwest having a radius of 132.00 feet and a central angle of 44 degrees 11 minutes 03 seconds to the
easterly line of said Lot 1, and said line there terminating.
Said temporary easement to commence on February 15, 2018 and expire February 28, 2020.
Parcel 4
A permanent easement for roadway purposes over, under, and across that part of the above described
property which lies westerly of the following described line:
Commencing at the most westerly corner of said Lot 1, thence on an assumed bearing of North 31
degrees 23 minutes 48 seconds East, along the northwesterly line of said Lot 1, a distance of 28.59 feet
to the point of beginning of the line to be described; thence South 03 degrees 37 minutes 55 seconds
West a distance of 40.95 feet; to the southwesterly line of said Lot 1, and said line there terminating.
A nIfl
MIMv
A permanent easement for roadway purposes over, under, and across that part of the above described
property which lies southerly and westerly of the following described line:
Commencing at the most southerly corner of said Lot 1, thence easterly a distance of 15.85 feet, along
the southeasterly line of said Lot 1, being a curve concave to the northwest having a radius of 120.00
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feet, a central angle of 7 degrees 34 minutes 11 seconds, and a chord which bears North 81 degrees 29
minutes 11 seconds East a distance of 15.84 feet to the point of beginning of the line to be described;
thence North 24 degrees 04 minutes 11 seconds West, not tangent to the last described curve, a
distance of 81.77 feet; thence northwesterly a distance of 15.25 feet along a tangential curve concave to
the southwest having a radius of 241.00 feet and a central angle of 03 degrees 37 minutes 32 seconds to
the southwesterly line of said Lot 1, and said line there terminating.
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies westerly and southerly of the following described line:
Commencing at the most westerly corner of said Lot 1, thence on an assumed bearing of North 31
degrees 23 minutes 48 seconds East, along the northwesterly line of said Lot 1, a distance of 41.47 feet
to the point of beginning of the line to be described; thence South 00 degrees 00 minutes 47 seconds
West a distance of 34.95 feet; thence South 61 degrees 41 minutes 07 seconds East a distance of 67.06
feet; thence South 13 degrees 18 minutes 52 seconds West a distance of 63.22 feet; thence South 24
degrees 00 minutes 11 seconds East a distance of 103.80 feet; to the southeasterly line of said Lot 1, and
said line there terminating.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Construction 5 Addition,
according to the recorded plat thereof, Wright County, Minnesota and per Document No. 395543.
AND
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies northerly and easterly of the following described line:
Commencing at the most westerly corner of said Lot 1, thence on an assumed bearing of North 31
degrees 23 minutes 48 seconds East, along the northwesterly line of said Lot 1, a distance of 215.15 feet
to the point of beginning of the line to be described; thence South 58 degrees 46 minutes 37 seconds
East a distance of 61.94 feet; thence South 31 degrees 13 minutes 23 seconds West a distance of 26.32
feet; thence South 58 degrees 46 minutes 37 seconds East a distance of 48.73 feet to the east line of
said Lot 1, and said line there terminating.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Construction 5 Addition,
according to the recorded plat thereof Wriaht Cminty, Minnecota and nor nor-jirnnn+ nim :or-�n�
0•11 , vv �u --" LI v %-U111L-111 IMV. J✓JJYJ.
Said temporary easements to commence on February 15, 2018 and expire February 28, 2020.
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Parcel 5
A permanent easement for roadway purposes over, under, and across that part of the above described
property which lies southerly and easterly of the following described line:
Commencing at the most easterly corner of said Lot 1, thence on an assumed bearing of South 25
degrees 02 minutes 45 seconds West, along the easterly line of said Lot 1, a distance of 426.48 feet to
the point of beginning of the line to be described; thence North 64 degrees 57 minutes 15 seconds West
a distance of 6.45 feet; thence southwesterly a distance of 29.46 feet along a non-tangential curve
concave to the northwest having a radius of 66.00 feet, a central angle of 25 degrees 34 minutes 23
seconds, and a chord which bears South 40 degrees 38 minutes 51 seconds East a distance of 29.21 feet;
thence southwesterly a distance of 24.62 feet along a tangential curve concave to the northwest having
a radius of 43.00 feet and a central angle of 32 degrees 48 minutes 26 seconds; thence westerly a
distance of 73.76 feet along a tangential curve concave to the north having a radius of 326.00 feet and a
central angle of 12 degrees 57 minutes 47 seconds to the southerly line of said Lot 1, and said line there
terminating.
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies easterly, northerly and southerly of the following described line:
Commencing at the most easterly corner of said Lot 1, thence on an assumed bearing of North 64
degrees 53 minutes 26 seconds West, along the northerly line of said Lot 1, a distance of 62.00 feet to
the point of beginning of the line to be described; thence South 25 degrees 02 minutes 45 seconds West
a distance of 203.62 feet; thence South 64 degrees 57 minutes 15 seconds East a distance of 35.00 feet;
thence South 25 degrees 02 minutes 45 seconds West a distance of 259.12 feet; thence North 88
degrees 28 minutes 05 seconds West a distance of 81.89 feet; thence South 00 degrees 07 minutes 52
seconds East a distance of 4.93 feet to the southerly line of said Lot 1, and said line there terminating.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Remmele Addition,
according to the recorded plat thereof, Wright County, Minnesota and per Document No. 476133.
AND ALSO EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above described property which lies southerly and easterly of the following described line:
Commencing at the most easterly corner of said Lot 11, thence on an assumed bearing of South 25
degrees 02 minutes 45 seconds West, along the easterly line of said Lot 1, a distance of 426.48 feet to
the point of beginning of the line to be described; thence North 64 degrees 57 minutes 15 seconds West
a distance of 6.45 feet; thence southwesterly a distance of 29.46 feet along a non-tangential curve
concave to the northwest having a radius of 66.00 feet, a central angle of 25 degrees 34 minutes 23
seconds, and a chord which bears South 40 degrees 38 minutes 51 seconds East a distance of 29.21 feet;
thence southwesterly a distance of 24.62 feet along a tangential curve concave to the northwest having
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a radius of 43.00 feet and a central angle of 32 degrees 48 minutes 26 seconds; thence westerly a
distance of 73.76 feet along a tangential curve concave to the north having a radius of 326.00 feet and a
central angle of 12 degrees 57 minutes 47 seconds to the southerly line of said Lot 1, and said line there
terminating.
Said temporary easement to commence on February 15, 2018 and expire February 28, 2020.
Parcel 7
A permanent easement for .roadway purposes over, under, and across that part of the above described
property which lies westerly and southerly of the following described line:
Commencing at the southwest corner of said Lot 1, thence on an assumed bearing of North 25 degrees
02 minutes 45 seconds East, along the west line of said Lot 1, a distance of 151.20 feet to the point of
beginning of the line to be described; thence southerly a distance of 129.52 feet along a non-tangential
curve concave to the east having a radius of 425.00 feet, a central angle of 17 degrees 27 minutes 42
seconds, and a chord which bears South 08 degrees 18 minutes 34 seconds West a distance of 129.02
feet; thence southeasterly a distance of 24.56 feet along a tangential curve concave to the northeast
having a radius of 42.00 feet and a central angle of 33 degrees 30 minutes 09 seconds; thence
southeasterly a distance of 47.02 feet along a tangential curve concave to the northeast having a radius
of 65.00 feet and a central angle of 41 degrees 27 minutes 01 seconds; thence southeasterly a distance
of 92.24 feet along a reverse curve concave to the southwest having a radius of 341.00 feet and a
central angle of 15 degrees 29 minutes 53 seconds; thence southeasterly a distance of 56.08 feet along a
reverse curve concave to the northeast having a radius of 759.00 feet and a central angle of 04 degrees
14 minutes 01 seconds; thence South 25 degrees 04 minutes 55 seconds West, not tangent to the last
described curve, a distance of 3.02 feet to the south line of said Lot 1, and said line there terminating.
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies southerly, westerly and northerly of the following described line:
Commencing at the southwest corner of said Lot 1, thence on an assumed bearing of North 25 degrees
02 minutes 45 seconds East, along the west line of said Lot 1, a distance of 208.79 feet to the point of
beginning of the line to be described; thence South 53 degrees 50 minutes 51 seconds East a distance of
76.68 feet; thence South 04 degrees 02 minutes 54 seconds West a distance of 139.31 feet; thence
South 25 degrees 04 minutes 55 seconds West a distance of 64.04 feet to the south line of said Lot 1,
and said line there terminating.
EXCEPT
That part which lies within the drainage and utility easement as dedicated in Barger Addition, according
to the recorded plat thereof, Wright County, Minnesota and per Document No. 513990.
AND ALSO EXCEPT
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That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above described property which lies westerly and southerly of the following described line:
Commencing at the southwest corner of said Lot 1, thence on an assumed bearing of North 25 degrees
02 minutes 45 seconds East, along the west line of said Lot 1, a distance of 151.20 feet to the point of
beginning of the line to be described; thence southerly a distance of 129.52 feet along a non-tangential
curve concave to the east having a radius of 425.00 feet, a central angle of 17 degrees 27 minutes 42
seconds, and a chord which bears South 08 degrees 18 minutes 34 seconds West a distance of 129.02
feet; thence southeasterly a distance of 24.56 feet along a tangential curve concave to the northeast
having a radius of 42.00 feet and a central angle of 33 degrees 30 minutes 09 seconds; thence
southeasterly a distance of 47.02 feet along a tangential curve concave to the northeast having a radius
of 65.00 feet and a central angle of 41 degrees 27 minutes 01 seconds; thence southeasterly a distance
of 92.24 feet along a reverse curve concave to the southwest having a radius of 341.00 feet and a
central angle of 15 degrees 29 minutes 53 seconds; thence southeasterly a distance of 56.08 feet along a
reverse curve concave to the northeast having a radius of 759.00 feet and a central angle of 04 degrees
14 minutes 01 seconds; thence South 25 degrees 04 minutes 55 seconds West, not tangent to the last
described curve, a distance of 3.02 feet to the south line of said Lot 1, and said line there terminating.
Said temporary easement to commence on February 15, 2018 and expire February 28, 2020.
Parcel 8
A permanent easement for roadway purposes over, under, and across that part of the above described
property which lies northerly and westerly of the following described line:
Commencing at the northeast corner of said Lot 1, thence on an assumed bearing of South 00 degrees
07 minutes 52 seconds East, along the east line of said Lot 1, a distance of 5.58 feet to the point of
beginning of the line to be described; thence North 64 degrees 55 minutes 02 seconds West a distance
of 223.03 feet; thence northwesterly a distance of 97.42 feet along a tangential curve concave to the
southwest having a radius of 231.00 feet and a central angle of 24 degrees 09 minutes 52 seconds;
thence southwesterly a distance of 40.28 feet along a tangential curve concave to the southeast having
a radius of 48.00 feet and a central angle of 48 degrees 04 minutes 45 seconds; thence southwesterly a
distance of 11.66 feet along a tangential curve concave to the southeast having a radius of 71.00 feet
and a central angle of 09 degrees 24 minutes 33 seconds to the westerly line of said Lot 1, and said line
there terminating.
A temporary easement for construction purposes over, under, and across that part of the above
described property which lies northerly and westerly of the following described line:
Commencing at the northeast corner of said Lot 1, thence on an assumed bearing of North 64 degrees
5S minutes 05 seconds West, along the north line of said Lot 1, a distance of 183.59 feet to the point of
beginning of the line to be described; thence North 80 degrees 01 minutes 11 seconds West a distance
of 132.09 feet; thence South 50 degrees 37 minutes 22 seconds West a distance of 68.64 feet to the
westerly line of said Lot 1, and said line there terminating.
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EXCEPT
That part which lies within the drainage and utility easement as dedicated in Monticello Commerce
Center Fifth Addition, according to the recorded plat thereof, Wright County, Minnesota and per
Document No. 747799.
AND ALSO EXCEPT
That part designated for a permanent easement for roadway purposes over, under, and across that part
of the above descrihed nrnnarty which liAc nnrthorl" U VV I I +ti F..II....: .d . r:1-
r. �-r-. - ..�I LIi%-I I unu vve� e iy of tilt`' IVIIVwing ue 1 ibed Hne:
Commencing at the northeast corner of said Lot 1, thence on an assumed bearing of South 00 degrees
07 minutes 52 seconds East, along the east line of said Lot 1, a distance of 5.58 feet to the point of
beginning of the line to be described; thence North 64 degrees 55 minutes 02 seconds West a distance
of 223.03 feet; thence northwesterly a distance of 97.42 feet along a tangential curve concave to the
southwest having a radius of 231.00 feet and a central angle of 24 degrees 09 minutes 52 seconds;
thence southwesterly a distance of 40.28 feet along a tangential curve concave to the southeast having
a radius of 48.00 feet and a central angle of 48 degrees 04 minutes 45 seconds; thence southwesterly a
distance of 11.66 feet along a tangential curve concave to the southeast having a radius of 71.00 feet
and a central angle of 09 degrees 24 minutes 33 seconds to the westerly line of said Lot 1, and said line
there terminating.
Said temporary easement to commence on February 15, 2018 and expire February 28, 2020.
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