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HomeMy WebLinkAboutResolution 2020-03 Authorizing Approval 66th Avenue CorridorCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-03 Motion By: � 6 Seconded By: GJ� J51,A January 9, 2020 A RESOLUTION AUTHORIZING APPROVAL OF APPRAISED VALUES, OFFERS FOR COMPENSATION, AND ACQUISITION BY EMINENT DOMAIN FOR THE 66th AVENUE CORRIDOR IMPROVEMENTS PROJECT (THE "PROJECT") WHEREAS, the City of Corcoran is a municipal corporation organized and operating under Minnesota law, and is authorized by Minnesota Statutes Section 465.01 to acquire private property for an authorized public purpose, using the procedure set forth by Minnesota Statutes Chapter 117; and WHEREAS, the City Council of the City of Corcoran has undertaken a project known as the 66th Avenue/Gleason Parkway Extension Corridor Improvements Project (the "Project") and has previously approved proceeding with the Gleason Parkway Extension Project on September 27, 2018 and proceeding with the related trunk sewer extension on September 26, 2019 and hereby approves proceeding further with the Project; and WHEREAS, the Project involves the construction of road and utility improvements extending and expanding Gleason Parkway; and WHEREAS, the contemplated improvements are contemplated in the City's comprehensive plan; and WHEREAS, the contemplated improvements are necessary to maintain safe public use of the road, t0 comply with State, County, and City road design and environmental standards, and to implement the City's adopted 2040 Comprehensive Plan for regional transportation and urban sewer service; and WHEREAS, it is necessary to acquire real property interests as described in Exhibit A, attached hereto, in furtherance of the Project (collectively the "Real Property Interests"); and WHEREAS, the City Council of the City of Corcoran finds that it is reasonably necessary, proper, and convenient and in the interests of the general welfare of the City that the City acquire title to and possession of the Real Property Interests in furtherance of the Project; and WHEREAS, the City has engaged an independent real property appraiser to provide the City with a professional opinion of damages caused by the City's acquisition of the Real Property Interests needed for the Project; and WHEREAS, the City Council of the City of Corcoran finds that the construction schedule for the Project necessitates the acquisition of title and possession of the Real Property Interests before the filing of the final report of the condemnation commissioners to be appointed by the district court; and Page 1 of 8 City of Corcoran County of Hennepin state of Minnesota RESOLUTION NO. 2020-03 January 9, 2uo WHEREAS, the City must acquire the Real Property Interests before bids can be let for the construction of the Project; and WHEREAS, the Project is scheduled to commence construction during the 2020 construction season NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Corcoran: 1. That the acquisition by the City of the Real Property Interests described on Exhibit A is necessary and for a public purpose in furtherance of the Project; 2. That the proper City officers and agents are authorized and directed to acquire the Real Property Interests needed for the Project by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; 3. That the City Engineer is authorized to approve the appraised value for the Real Property Interests if the City Engineer determines that the independent appraisals adequately reflect the fair market value thereof for the purposes of Minnesota Statute Section 117.0424, 4. That the proper City officers and agents are authorized and directed to extend offers Of compensation to the respective land owners for the Real Property Interests needed for the Project consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition Of the Real Property Interests; 5. That the City Council of the City of Corcoran deems it necessary, in order to meet the anticipated construction schedule for the Project, to acquire title to and possession of the Real Property Interests before the filing of the final report of commissioners; 6. That the City Attorneys office is authorized and directed to take all steps necessary on behalf of the City to acquire the Real Property Interests through eminent domain, pursuant to Minnesota Statutes Chapter 117, if not timely acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure set forth in Minnesota Statute Section 117.042; 7. That the City Attorney and City staff are further authorized to take all actions necessary and desirable to carry out the purposes of this resolution, and the Mayor and City Administrator are authorized to execute right of entry agreements as necessary for obtaining survey, appraisal and geotechnical information for the Project. Page 2 of 8 City of Corcoran County of Hennepin State of Minnesota VOTING AYE Thomas, Ron ❑ Bottema, Jon ® Dejewski, Brian ❑ Keefe, M i ke [� Schultz, Alan Whereupon, said 2020M ATTEST: January 9, 2020 RESOLUTION NO. 2020-03 Resolution is hereby declared Brad Martens —City Administrator VOTING NAY ❑ Thomas, Ron ❑ Bottema, Jon ❑ Dejewski, Brian ❑ Keefe, M i ke ❑ Schultz, Alan adopted on this q.L ay of Ron Thomas -Mayor Page 3 of 8 January , City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-03 EXHIBIT A PID NO. 3 6-119-23-32 0014 5580 CO. RD. NO. 116 January 9, 2020 EXISTING PARCEL DESCRIPTION: OUTLOT B, COZINTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PROPOSED PERMANENT DRAINAGE AND UTILTYEASEMENT.• The east 50.00 feet of the west 60.00 feet, together with the southerly 25.00 feet of the northerly 35.00 feet of said OUTLOT B, lying westerly of the easterly 20.00 feet and northerly of the southerly 10.00 feet thereof. PROPOSED TEMPORARY STREET CONSTRUCTION EASEMENT.• The east 10.00 feet of the west 70.00 feet, together with the southerly 10.00 feet of the northerly 45.00 feet of said OUTLOT B, lying westerly of the easterly 2 0. 00feet and northerly of the southerly 10.00 feet thereof. PROPOSED PERMANENT STREET AND TRAIL EASEMENT: That part of said OUTLOT B lying northwesterly of a line beginning 8.60 feet east of the northwest corner of said OUTLOT B as measured along the north line of said OUTLOT B, thence southwesterly to a point 1.41 feet south of said northwest corner as measured along the west line of OUTLOT B and there terminating. PID NO. 36-119-23-230008 6620 CO. RD. NO. 116 EXISTING PARCEL DESCRIPTION. O UTLOT A, CO UNTRY SEASONS ESTATES, Hennepin County, Minnesota, according to the �eco�d plat thereof. DERMANENTDRATNAGEAND UTIL TY EASEMENT. The east 16 feet of the west 26.00 feet together with the northerly 35.00 feet of the most southerly 45.00 feet of said OZITLOT B, lying westerly of the easterly 20.00 feet and southerly of the northerly 10.00 feet thereof. TEMPORARY STREET CONSTR UCTION EASEMENT.• The east 10.00 feet of the west 36. 00 feet together with northerly 10.00 feet of the most southerly SS. 00 feet of said O UTLOT B, lying westerly of the easterly 2 0. 00feet and lying southerly of the following described line: City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-03 January 9, 2020 Commencing at the southwest corner of said OZITLOT A; thence North 00 degrees 42 minutes 40 seconds, on an assumed bearing along the west line of said OUTLOT A, 123.25 feet to the point of beginning for said line; thence East 251.23 feet and said line there terminating. PERMANENT STREET AND TRAIL EASEMENT: That part of said OUTLOT A lying southerly of the following described line: Commencing at the southwest corner of said OUTLOTA; thence North 00 degrees 42 minutes 40 seconds, on an assumed bearing along the west line of said OUTLOT A, 4.00 feet to the point of beginning for said line; thence Noah 89 degrees 17 minutes 19 seconds East 113.30 feet; thence southeasterly 204.37 feet along a tangential curve concave to the southwest, having a radius of 544.00 feet and a central angle of 21 degrees 31 minutes 30 seconds; thence South 69 degrees 11 minutes 10 seconds East 102.19 feet to the southerly line of said OUTLOT A and there said line terminating. PERMANENT SEWER EASEMENT. That part of said OUTLOT A lying 60.00 feet to the left of the following descNibed line: Commencing at the southwest corner of said OUTLOT A; thence North 00 degrees 42 minutes 40 seconds, on an assumed bearing along the west line of said OUTLOT A, 123.25 feet to the point of beginning for said line; thence East 251.23 feet; thence South 75 degrees 58 minutes 25 seconds East 425.70 feet; thence North 15 degrees 26 minutes 35 seconds East 351.91 feet to the north line of said OUTLOTA and there said line terminating. EXCEPT that part lying within the 40 foot -wide county drainage (ditch) easement, and EXCEPT the north 10 feet and the west 26 feet of said OUTLOT A TEMPORARY UTILITY CONSTRUCTION EASEMENT: That part of said OUTLOT A bounded on the west and south by the hereinbefore described temporary street construction easement; bounded on the north by the herein before described peranent sewer easement and bounded on e west by county drai mthnage (ditch) easement. And, that part of OUTLOT A lying 100 feet east of most easterly line of said permanent sewer easement, EXCEPT for that part within dedicated drainage and utility easements per said plat. PID NO. 36-119-23-230007 6610 PARK TRAIL ROAD EXISTING PARCEL DESCRIPTION. Lot 4, Block 2, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PERMANENT DRAINAGE AND UTILITY EASEMENT: That part of said Lot 4, Block 2, lying southerly of the following described line: Commencing at the southeast corner of said Lot 4, Block 2; thence on an assumed bearing of North 00 degrees 38 minutes 46 seconds West 52.02 feet along the east line of said Lot 4, to the point of beginning for said line; thence west 61.1 7feet; thence South 75 degrees 5 minutes 22 seconds West 292.52 feet to the west line of said Lot 4, EXCEPT for that part within dedicated drainage and utility easements per said plat. Page 5 of 8 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-03 TEMP ORAR Y STREET CONSTR UCTION EASEMENT.• January 9, 2020 That part of said Lot 41 Block 2, within a 10 foot ship of land lying northerly of the following described line: Commencing at the southeast corner of said Lot 4, Block 2; thence South 00 degrees 38 minutes 46 seconds East 52.02 feet to the point of beginning for said line; thence West 61.17 feet; thence South 75 degrees OS minutes 22 seconds West 292.52 feet to the west line fsaid Lot 4, EXCEPT for that part within dedicated drainage and utility easements per said plat. PID NO. 36-119-23-230003 6605 PARK TRAIL RD. EXISTING PARCEL DESCRIPTION.• Lot 1, Block 1, CO UNTR Y SEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PERMANENT SEWER EASEMENT.• That part of said Lot 1 lying 60.00 feet to the right of the following described line: Commencing at the northwest corner of said Lot 1; thence South 89 degrees 47 minutes 07 seconds East, on an assumed bearing along the north line of said Lot 1, 82.91 feet to the point of beginning for said line; thence South 15 degrees 26 minutes 35 West 171.49 feet and these said line terminating. EXCEPT the north 1 D. 00 feet; the west 20.00 feet; and the southerly 30.00 feet of said Lot 1. TEMPORARY UTILITY CONSTR UCTION EASEMENT.• That part of said Lot 1 lying 100.00 feet to the left of the above described line, EXCEPT the southerly 40.00 feet and north 10.00 feet of said Lot 1. PERMANENT DRAINAGE AND UTILITY EASEMENT The northerly 20.00 feet of the southerly 30.00 feet lying westerly of the easterly 10.00 feet and easterly of the westerly 20. 00 feet of said Lot 1. TEMPORARY STREET CONSTRUCTION EASEMENT.• The northerly 10.00 feet of the southerly 40. DO feet lying westerly of the easterly 10.00 feet and easterly of the westerly 80.00 feet of said Lot 1. PID NO. 36- lit) -23-320015 UNASSIGNED, COR CORAN, MN 55340 EXISTING PARCEL DESCRIPTION: OUTLOT C, CO UNTRY SEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PERMANENT DRAINAGE AND UTILITY EASEMENT: The southerly 25.00 feet of the northerly 35 feet lying easterly of the westerly westerly of the easterly 10.00 feet of said 0UTLOT C. 20 feet and City of Corcoran County of Hennepin State of Minnesota RESOLUTION N4. 2020-03 PE�NENT SEWER EASEMENT January 9, 2020 That part of OUTLOT C, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof, lying southerly of the northerly 35 feet and easterly of the westerly 20.00 feet and to the left of the following described line: Commencing at the northwest corner of OUTLOT C; thence South 15 degrees 26 minutes 35 seconds West, on an assumed bearing along the westerly line of said OUTLOT C, 83.06 feet to a point of beginning for said line; thence South 74 degrees 33 minutes 25 seconds East 80.01 feet and there said line terminating. TEMPORARY STREET CONSTRUCTION EASEMENT: That part of OUTLOT C, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof, lying southerly of the northerly 45 feet; westerly of the easterly 10.00 feet; easterly of the westerly 20.00 feet and northerly of the following described line: Commencing at the northwest corner of said Outlot C. thence South 15 degrees 26 minutes 35 seconds East 183.06 feet to a point of beginning for said line; thence South 74 degrees 33 minutes 25 seconds West 180.02 feet; thence North 15 degrees 26 minutes 35 seconds East 118. SS feet to the westerly line of OUTLOT C; EXCEPT that past of the above described permanent sewer easement. TEMPORARY UTILITY CONSTR UCTION EASEMENT.• The southerly 10.00 feet of the northerly 45.00 feet of said OUTLOT C which lies easterly of the east line of the above described permanent sewer easement. PID NO. 36-119-23-320011 6550 CO. RD. NO. 116 EXISTING PARCEL DESCRIPTION.• Lot 9, Block 3, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PERMANENT DRAINAGE AND UTILITYEASEMENT The east 50.00 feet of the west 60.00 feet lying north of the south 10.00 feet and south of the north 10.00 feet of said Lot 9. TEMPORARY STREET CONSTR UCTION EASEMENT.• The east 10.00 feet of the west 70.00 feet lying north of the south 10 feet and south of the north 10.00 feet of said Lot 9. PID N0.36-119-23-320010 6575 PARK TRAIL RD EXISTING PARCEL DESCRIPTION.• Lot 8, Block 3, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PURCHASED PROPERTY-STREET/POND CONSTRUCTION: ALL OF LOT 8, BLOCK 3, OF CO UNTR Y SEASONS ESTATES. City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-03 PID NO. 36-119-23-320013 6480 CO. RD. NO. 116 EXISTING PARCEL DESCRIPTION.• January 9, 2020 Lot I1, Block 3, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PERMANENT DRAINAGE AND UTILITY EASEMENT: The east 17.00 feet of the west 2 7. 00feet lying north of the south 10 feet and south of the north 10.00 feet of said Lot 11. TEMPORARY STREET CONSTR UCTION EASEMENT.• The east 10.00 feet of the west 3 7. 00feet lying north of the south 10.00 feet and south of the north 10.00 feet of said Lot 11. PID NO. 36-119-23-320012 650000.AD* N0.116 EXISTING PARCEL DESCRIPTION.• Lot 10, Block 3, COUNTRY SEASONS ESTATES, Hennepin County, Minnesota, according to the record plat thereof. PERMANENT DRAINA GE AND UTILITY EASEMENT: The east 10.00 feet of the west 20.00 feet of said Lot 10, lying north of the south 10.00 feet and south of the north 10.00 feet of said Lot 10. TEMPORARY STREET CONSTRUCTION EASEMENT: The east 10.00 feet of the west 40.00 feet of said Lot 10, lying north of the south 10.00 feet and south of the north 10. 00 feet of said Lot 10. PID NO. 36-119-23-320003 6580 PARK TRAIL RD. EXISTING PARCEL DESCRIPTION.• Lot 1, Block 3, COUNTRYSEASONS ESTATES, Hennepin County, Minnesota, according to the �eco�d plat thereof. DERMANENTDRAJIVAGE AND UTILITYEASEMENT The southerly 25.00 feet of the northerly 35.00 feet lying westerly of the east 10.00 feet and easterly of the westerly 10.00 feet of said Lot 1. TEMPORARY STREET CONSTRUCTION EASEMENT: The southerly 10.00 feet of the northerly 45.00 feet lying westerly of the east easterly of the westerly 70.00 feet of said Lot 7. 10.00 feet and DRAINAGE EASEMENT(COUNTY DITCH NO. 16)COUNTY ROAD NO. 116 PARK TRAIL NORTH66TH AVE. NORTH60'16'10'17'65'25'25'42'21'20'96'22'470.010'10'62.2'103.6'884' 66.3' 100'240.5'315.5'302.5' 382'65'10'10'25'10'131.9'EASEMENT OVERVIEW EXHIBIT D R A F T PERMANENT DRAINAGE & UTILITY EASEMENTPURCHASED PROPERTY - STREET/POND CONSTRUCTIONEXISTING 10' (UNLESS OTHERWISE NOTED)DRAINAGE & UTILITY EASEMENT PERTHE PLAT OF COUNTRY SEASONS ESTATESPERMANENT SEWER EASEMENTEXISTING DRAINAGE & UTILITY EASEMENTTO BE REDESIGNATED STREET/TRAILTEMPORARY CONSTRUCTION EASEMENT -STREET CONSTRUCTIONTEMPORARY CONSTRUCTION EASEMENT -UTILITY CONSTRUCTION