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City Council Resolution 1998-11RESOLUTION NO. 98-11 RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN TH 25 PROJECT PROJECT NO. 96-04C WHEREAS, the City Council has heretofore determined that the City of Monticello should make improvements to TH 25 including access modifications and side street construction, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, AS FOLLOWS: Acquisition by the City of the property described on attached Exhibit A is necessary for the proposed improvements to TH 25. 2. The City Attorney is authorized and directed on behalf of the City to acquire the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The City Attorney is fiirther authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted by the Monticello City Council this 23rd day of March, 1998. ~~._ ~ William Fair, Mayor ATTEST: ` C.~~ Richard Wolfsteller, City Administrator EXHIBIT A TO RESOLUTION N0.98-11 AUTHORIZING CONDEMNATION PROCEEDINGS TH 25 PROJECT N0.96-04C I -CHELSEA ROAD Parcel # 10 - A permanent easement for right-of--way purposes over, under and across that part of the southerly 20.00 feet of Lot 3, Block 1 SANDBERG SOUTH, according to the recorded plat thereof, Wright County, Minnesota, lying northerly of a line drawn from a point on the easterly line of said Lot 3 distant 10.35 feet northeasterly of the southeasterly corner of said Lot 3 to a point on the northerly line of said southerly 20.00 feet of Lot 3 distant 58.25 feet westerly of the easterly line of said Lot 3 as measured along said northerly line of the southerly 20.00 feet of Lot 3. Parcel #11A - A permanent easement for right-of--way purposes over, under and across Lot 3, Block 1, SANDBERG SOUTH, except that part lying southerly of a line drawn parallel with and distant 25.00 feet northerly, as measured at a right angle, to the southerly line of said Lot 3. Parcel # 23 - The object of the condemnation with respect to this property is to close access to Minnesota State Highway No. 25. Parcel # 24 - A permanent easement for right-of--way purposes over, under and across that part of Lot 2, Minnesota Block 1, COMMERCIAL COURT, according to the recorded plat thereof, Wright County, lying northeasterly of a line drawn southeasterly from a point on the westerly line of said Lot 2 distant 6.34 feet southwesterly from the northwesterly corner of said Lot 2 to a point on the easterly line of said Lot 2 distant 71.96 feet southwesterly from the most easterly corner of said Lot 2. The taking will also close access for the subject property to Minnesota State Highway No. 25 Parcel #24A (16.5 Foot Permanent Easement) - A permanent easement for right-of--way purposes over, under and across that part of the easterly 16.50 feet of Lot 2, Block 1, COMMERCIAL COURT, according to the recorded plat thereof, Wright County, Minnesota, lying southwesterly of a line drawn southeasterly from a point on the westerly line of said Lot 2 distant 6.34 feet southwesterly from the northwesterly corner of said Lot 2 to a point on the easterly line of said Lot 2 distant 71.96 feet southwesterly from the most easterly corner of said Lot 2. Parcel # 26 - A permanent easement for right-of--way purposes over, under and across that part of Lot 6, Block 1, COMMERCIAL COURT, according to the recorded plat thereof, Wright County, Minnesota lying northeasterly of a line drawn northwesterly from a point on the easterly line of said Lot 6 distant 26.72 feet southwesterly from the most easterly corner of said Lot 6 to a point on the northerly line of said Lot 6 distant 63.11 feet west from said most easterly corner of Lot 6. Parcel #27 - A permanent easement for right-of--way purposes over, under and across that part of Lot 5, Block 1, COMMERCIAL COURT, according to the recorded plat thereof, Wright County, Minnesota lying northerly of a line drawn southeasterly from a point on the westerly line of said Lot 5 distant 71.96 feet southwesterly from the northwesterly corner of said Lot 5 to a point on the southerly line of said Lot 5 distant 63.67 feet westerly of the southeast corner of said Lot 5. 16.5 foot Permanent Easement That part of the westerly 16.50 feet of Lot 5, Block 1, COMMERCIAL COURT, according to the recorded plat thereof, Wright County, Minnesota, lying southerly of a line drawn southeasterly from a point on the westerly line of said Lot 5 distant 71.96 feet southwesterly from the northwesterly corner of said Lot 5 to a point on the southerly line of said Lot 5 distant 63.67 feet westerly of the southeast corner of said Lot 5. Parcel #28 - A permanent easement for right-of--way purposes over, under and across Lot 4, Block 1, COMMERCIAL COURT, County of Wright. Parcel #29 - A permanent easement for right-of--way purposes over, under and across that part of Lot 2, Block 1, SHINGOBEE SUBDIVISION, according to the recorded plat thereof, Wright County, Minnesota lying southerly of a line drawn easterly from a point on the westerly line of said Lot 2 distant 9.56 feet northeasterly from the most westerly corner of said Lot 2 to a point on the southerly line of said Lot 2 distant 23.32 feet easterly from said most westerly corner of Lot 2. Also damages for cost to curb. The taking will also close access for the subject property to Minnesota State Highway No. 25. Parcel # 30 - A temporary construction easement over, under and across that part of Lot 1, Block 1, SHINGOBEE SUBDIVISION, according to the recorded plat thereof, Wright County, Minnesota, described as commencing at the most southeasterly corner of said Lot 1; thence northerly along the most easterly line of said Lot 1 a distance of 20.00 feet to the point of beginning of the parcel to be described; thence continuing northerly along said most easterly line of Lot 1 a distance of 37.50 feet; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 20.00 feet; thence southerly, deflecting to the left 90 degrees 00 minute s00 seconds a distance of 37.50 feet; thence easterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 20.00 feet to the point of beginning. This temporary construction easement expires two years after the grant hereof. The taking will also close access for the subject property to Minnesota State Highway No. 25. Parcel #31 - A permanent easement for right-of--way purposes over, under and across that part of the Northwest Quarter of Section 14, Township 121, Range 25, Wright County, Minnesota described as commencing at the northwest corner of the Northeast Quarter of said Northwest Quarter; thence on an 2 assumed bearing of North 89 degrees 14 minutes East along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 243.90 feet; thence South 15 degrees 00 minutes West a distance of 144.90 feet; thence South 84 degrees 58 minutes East a distance of 47.45 feet, said point being hereinafter referred to as Point A; thence continuing South 84 degrees 58 minutes East a distance of 193.01 feet, more or less, to the westerly right-of--way of Cedar Street, said point being the point of beginning of the parcel to be described; thence North 84 degrees 58 minutes West to said Point A; thence South 2 degrees 23 minutes 22 seconds West a distance of 43.05 feet; thence South 84 degrees 58 minutes East a distance of 33.00 feet; thence North 5 degrees 02 minutes East a distance of 10.00 feet; thence South 84 degrees 58 minutes East to the westerly right-of--way of Cedar Street; thence northeasterly along said westerly right- of-way of Cedar Street to the point of beginning. Parcel # 25 - RV CENTER SITE -Lot 3, Block 1, Commercial Court II -POND Parcel # 1 - A permanent easement for right-of--way purposes over, under and across that part of Lot A of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 14, Township 121, Range 25, Wright County, Minnesota as recorded in Book 1 of Plats, page 571 lying westerly of the westerly right of way line of Minnesota State Highway Number 25, lying northerly and westerly of a line described as commencing at the southwest corner of the Northwest Quarter (NW 1/4) of said Section 14; thence northerly along the west line of said Northwest Quarter of Section 14 a distance of 565.73 feet to the point of beginning of the line to be described; thence easterly deflecting to right 90 degrees 00 minutes 00 seconds a distance of 621.9 feet, more or less, to the westerly right-of--way of said State Highway Number 25; thence northeasterly along said westerly right-of--way of State Highway Number 25 a distance of 36.69 feet; thence northwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 31.41 feet; thence northeasterly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 737.2 feet, more or less, to the north line of said Lot A and said line there terminating. The taking will also close access for the subject property to Minnesota State Highway No. 25. Parcel # 2 - A permanent easement for right-of--way purposes over, under and across that part of the Northwest Quarter of the Northwest Quarter of Section 14, Township 121, Range 25 described as beginning at the southwest corner of said Northwest Quarter of the Northwest Quarter; thence northerly along the westerly line of said Northwest Quarter of the Northwest Quarter a distance of 102.26 feet; thence northeasterly, deflecting to the right 50 degrees 00 minutes a distance of 489.57 feet; thence northerly, deflecting to the left, 50 degrees 00 minutes a distance of 245.05 feet; thence northwesterly, deflecting to the left, 50 degrees 00 minutes a distance of 382.91 feet; thence northerly, deflecting to the right 50 degrees 00 minutes a distance of 322.94 feet; thence easterly deflecting to the right, 90 degrees 00 minutes a distance of 499.0 feet; more or less, to the westerly right-of--way of Marvin Road; thence southeasterly along said westerly right-of-~vay of Marvin Road to the south line of said Northwest Quarter of the Northwest Quarter; thence westerly along said south line of the Northwest Quarter of the Northwest Quarter to the point of beginning. Parcel #49 - A permanent easement for right-of--way purposes over, under and across the Easterly 560.00 feet of the Northerly 905.00 feet of the Southeast Quarter of the Northeast Quarter of Section 15, Township 121, Range 25, Wright County, Minnesota. Parcel #50 - A permanent easement for right-of--way purposes over, under and across the Easterly 560.00 feet of the Southerly 104.00 feet of the Northeast Quarter of the Northeast Quarter of Section 15, Township 121, Range 25, Wright County, Minnesota. III -ACCESS Parcel #21 - A temporary construction easement over, under and across that part of Lot 4, Block 1, COMMERCIAL PLAZA 25, according to the recorded plat thereof, Wright County, Minnesota, lying northerly and westerly of a line described as commencing at the northwest corner of said Lot 4; thence easterly along the northerly line of said Lot 4, a distance of 87.09 feet to the point of beginning of the line to be described; thence southwesterly, deflecting to the right 102 degrees 13 minutes 56 seconds a distance of 65.39 feet; thence northwesterly, deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 92.1 feet, more or less, to the intersection with a line drawn 9.84 feet southeasterly of and parallel with the northwesterly line of said Lot 4, thence southwesterly, parallel with said northwesterly line of said Lot 4 to the southerly line of said Lot 4 and there terminating. This temporary construction easement expires 5 years after the grant hereof. Parcel #22 - A temporary construction easement over, under and across that part of Lot 3, Block 1, COMMERCIAL PLAZA 25, according to the recorded plat thereof, Wright County, Minnesota, lying southerly and westerly of a line described as commencing at the southwest corner of said Lot 3; thence easterly along the southerly line of said Lot 3 a distance of 87.09 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 77 degrees 00 minutes 00 seconds a distance of 57.07 feet; thence northwesterly, to a point on the westerly line of said Lot 3 distant 87.13 feet northeasterly of the southwest corner of said Lot 3 and there terminating. This temporary construction easement expires two years after the grant hereof. Landscaping to be acquired. Parcel #22A - A permanent easement for right-of--way purposes over, under and across that part of Lot 2, Block 1, COMMERCIAL PLAZA 25, according to the recorded plat thereof, Wright County, Minnesota, lying northerly of a line described as commencing at the northeast corner of said Lot 2; thence southerly along the easterly line of said Lot 3 a distance of 47.43 feet to the point of beginning of the line to be described; thence westerly to a point on the north line of said Lot 2 distant 144.42 feet westerly of the northeast corner of said Lot 2 and there terminating. Parcel #51 - A permanent easement for right-of--way purposes over, under and across the North 66.00 feet of the Southwest Quarter of Section 14, Township 121, Range 25, Wright County, Minnesota lying west of the westerly right-of--way line of Minnesota State Highway No. 25. The taking will also close access for the subject property to Minnesota State Highway No. 25. 4 V - MNDOT Parcel #lA - A permanent easement for right-of--way purposes over, under and across that part of Lot A of the Southwest Quarter (S 1/4) of the Northwest Quarter (NW 1/4) of Section 14, Township 121, Range 25, Wright County, Minnesota as recorded in Book 1 of Plats, page 571 lying westerly of the westerly right of way line of Minnesota State Highway Number 25, lying northerly and easterly of a line described as commencing at the southwest corner of the Northwest Quarter (NW 1/4) of said Section 14; thence northerly along the west line of said Northwest Quarter of Section 14 a distance of 565.73 feet; thence easterly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 621. 9 feet, more or less to the westerly right-of--way of said State Highway Number 25; thence northeasterly along said westerly right of-way of State Highway Number 25 a distance of 36.69 feet to the point of beginning of the line to be described; thence northwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 31.41 feet; thence northeasterly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 737.2 feet, more or less, to the north line of said Lot A, and said line there terminating. Parcel #20A - A temporary construction easement over, under and across the most westerly 9.84 feet of Lot 5, Block 1, COMMERCIAL PLAZA 25, according to the recorded plat thereof, Wright County, Minnesota. This temporary construction easement expires 5 years after the grant hereof. Parcel # 21 - A temporary construction easement over, under and across that part of Lot 4, Bloc 1, COMMERCIAL PLAZA 25, according to the recorded plat thereof, Wright County, Minnesota, lying northerly and westerly of a line described as commencing at the northwest corner of said Lot 4; thence easterly along the northerly line of said Lot 4 a distance of 87.09 feet to the point of beginning of the line to be described; thence southwesterly, deflecting to the right 102 degrees 13 minutes 56 seconds a distance of 65.39 feet; thence northwesterly, deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 92.1 feet, more or less, to the intersection with a line drawn 9.84 feet southeasterly of and parallel with the northwesterly line of said Lot 4; thence southwesterly, parallel with said northwesterly line of said Lot 4 to the southerly line of said Lot 4 and there terminating. This temporary construction easement expires 5 years after the grant hereof. Parcel # 42 -Temporary Easement A temporary construction easement over, under and across that part of Outlot A, MONTICELLO BUSINESS CENTER, according to the recorded plat thereof, Wright County, Minnesota, lying northwesterly of a line described as commencing at the southwest corner of said Outlot A; thence southeasterly along the southerly line of said Outlot A to an intersection with a line drawn 9.84 feet southeasterly of and parallel with the westerly line of said Outlot A, being the point of beginning of the line to be described; thence northeasterly, parallel with said westerly line of Outlot A, to the the northerly line of said Outlot A, and there terminating. This temporary construction easement expires 5 years after the grant hereof. Permanent Right-of--Way A permanent easement for right-of--way purposes over, under and across that part of Outlot A, MONTICELLO BUSINESS CENTER, according to the recorded plat thereof, Wright County, Minnesota, lying southwesterly of a line described as beginning at the southwest corner of said Outlot A; thence northeasterly along the westerly line of said Outlot A a distance of 26.2 feet to the point of beginning of the line to be described; thence southeasterly to a point on the southerly line of said Outlot A distant 26.2 feet southeasterly of the southwest corner of said Outlot A and there terminating together with that part of Outlot A, MONTICELLO BUSINESS CENTER, according to the recorded plat thereof, Wright County, Minnesota, lying southeasterly of a line described as beginning at the southeast corner of said Outlot A; thence northwesterly along the southerly line of said Outlot A a distance of 26.2 feet to the point of beginning of the line to be described; thence northeasterly to a point on the easterly line of said Outlot A distant 26.2 feet northeasterly of the southeasterly corner of said Outlot A, and there terminating. Parcel #43 -Temporary Easment A temporary construction easement over under and across the most northwesterly 9.84 feet of Outlot F, MONTICELLO BUSINESS CENTER, according to the recorded plat thereof, Wright County, Minnesota. This temporary construction easement expires 5 years after the grant hereof. Permanent Right-ofWay A permanent easement for right-of--way purposes over, under and across that part of Outlot F, MONTICELLO BUSINESS CENTER, according to the recorded plat thereof, Wright County, Minnesota, lying northwesterly of a line described as commencing at the most northerly corner of said Outlot F; thence southwesterly along the westerly line of said Outlot F a distance of 26.2 feet to the point of beginning of the line to be described; thence northeasterly to a point on the northerly line of said Outlot F distant 26.2 feet southeasterly of said most northerly corner of Outlot F, and there terminating. Parcel # 44 - A temporary construction easement over, under and across that part of the Southeast Quarter of Section 15, Township 121, Range 25, Wright County, Minnesota described as commencing at the northeast corner of said Southeast quarter; thence southerly, along the east line of said Southeast Quarter to the intersection with the easterly right-of--way of State Highway No. 25, said intersection point being the point of beginning of the parcel to be described; thence southerly along said easterly right-of--way of Highway 25 to the intersection with the south line of said Southeast Quarter; thence easterly, deflecting to the left 90 degrees 00 minutes a distance of 19.68 feet; thence northerly, deflecting to the left 90 degrees 00 minutes a distance of 306.31 feet; thence westerly deflecting to the left 90 degrees 00 minutes a distance of 10.00 feet; thence northerly, deflecting to the right 90 degrees 00 minutes to the intersection with said east line of the Southeast Quarter, thence northerly along said east line of the Southeast Quarter to the point of beginning. This temporary construction easement expires 5 years after the grant hereof. Parcel #45 - A temporary construction easement over, under and across that part of the Northeast Quarter of Section 22, Township 121, Range 25, Wright County, Minnesota described as commencing at the 6 northeast corner of said Northeast Quarter; thence easterly along the north line of said Northeast Quarter to the intersection with the easterly right-of--way of State Highway No. 25, said intersection point being the point of beginning of the parcel to be described; thence southerly along said easterly right-of--way of Highway 25 a distance of 875.28 feet; thence easterly, deflecting to the left 90 degrees 00 minutes a distance of 19.68 feet; thence northerly deflecting to the left 90 degrees 00 minutes to the intersection with said north line of the Northeast Quarter; thence westerly along said north line of the Northeast Quarter to the point of beginning. This temporary construction easement expires 5 years after the grant hereof. Parcel #46 - A temporary construction easement over, under and across that part of the Northeast Quarter of Section 22, Township 121, Range 25, Wright County, Minnesota, described as commencing at the northeast corner of said Northeast Quarter; thence westerly along the north line of said Northeast Quarter to the intersection with the westerly right-of--way of State Highway No. 25, said intersection point being the point of beginning of the parcel to be described; thence southerly along said westerly right-of--way of Highway 25 a distance of 649.85 feet; thence westerly, deflecting to the right 90 degrees 00 minutes a distance of 9.84 feet; thence northerly, deflecting to the right 90 degrees 00 minutes to the intersection with said north line of the Northeast Quarter; thence easterly along said north line of the Northeast Quarter to the point of beginning. This temporary construction easement expires 5 years after the grant hereof. Parcel #47 - A temporary construction easement over, under and across that part of the Southeast Quarter of Section 15, Township 121,Range 25, Wright County, Minnesota described as commencing at the southeast corner of said Southeast Quarter of Section 15; thence westerly along the south line of said Southeast Quarter to the intersection with the westerly right-of--way of State Highway No. 25; said intersection point being the point of beginning of the parcel to be described; thence northerly along said westerly right-of--way of Highway 25 a distance of 170.06 feet; thence westerly, deflecting to the left 90 degrees 00 minutes a distance of 9.84 feet; thence southerly deflecting to the left 90 degrees 00 minutes to the intersection with said south line of the Southeast Quarter of said Section 15; thence easterly along said south line of the Southeast Quarter to the point of beginning. This temporary construction easement expires 5 years after the grant hereof. Parcel #48 - A temporary construction easement over, under and across that part of the South Half of the Southeast Quarter of Section 15, Township 121, Range 25, Wright County, Minnesota, described as commencing at the southeast corner of said Southeast Quarter; thence west, assumed bearing, along the south line of said Southeast Quarter 815.68 feet to the centerline of Minnesota State Highway No. 25 as located in 1973; thence North 26 degrees 46 minutes East, along said centerline 911.68 feet; thence North 72 degrees 07 minutes West, to the westerly right-of--way of State Highway No. 25 said point being the point of beginning of the parcel to be described; thence continuing North 72 degrees 07 minutes West to a line drawn 9.84 feet westerly of and parallel with said westerly right-of--way of Highway 25; thence northeasterly, parallel with said westerly right-of--way of Highway 25, a distance of 208.97 feet; thence bearing west a distance of 61.33 feet; thence bearing north a distance of 66.88 feet; thence bearing east a distance of 110.09 feet to said westerly right of-way of Highway 25; thence southwesterly along said westerly right-of--way of Highway 25 to the point of beginning. 7 This temporary construction easement expires 5 years after the grant hereof. Landscaping to be acquired.