RES 16-32city
ver RESOLUTION NO. 16- 32
RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVING
APPRAISED VALUES FOR PROPERTIES LOCATED AT THE SE CORNER OF US HWY 10
& JOPLIN S'T'REET NW
WHEREAS, as part of an economic development project (the "Project"), the. City has
acquired certain vacant properties located at the Southeast corner of US Hwy 10 & Joplin Street
NW (the "City Properties").
WHEREAS, two properties located adjacent to and to the ;North of the City Properties are
currently encumbered by right-of-way easements in favor of the State of Minnesota and the City (the
"ROW Properties", legally described in Exhibit A and depicted in Exhibit B);
WHEREAS, the City has learned that the MnDOT easement in the ROW Properties is no
longer needed for right-of-way purposes;
WHEREAS, the City desires to acquire the ROW Properties for the Project;
WHEREAS, to acquire clean title to the ROW Properties the City will both need to work
with the MnDOT to release the State's easement and acquire the underlying fee interests;
WHEREAS, title to the underlying fee interest of these ROW Properties remainsin the
names of property owners who have long been deceased;
WHEREAS, under Minn. Stat. 5465.01 the City has the power of eminent domain for any
purpose for which it authorized by law to take or hold the same by purchase or gift;
WHEREAS, under Nfinn. Stat. 5 117.025, Subd. 11, the City is authorized to acquire
property that it has determined to be abandoned;
WHEREAS, acquisition of said abandoned property will be in furtherance of the Project,
which is a public purpose;
WHEREAS, the City finds that the ROW Properties constitute abandoned property, as that
term is defined under Minn. Stat. §117.025, sub d. 5;
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient,
and in the interest of the general welfare that the City acquire title to and possession of the ROW
Properties in furtherance of the Project;
WHEREAS, the City Council finds that the schedule for the Project makes it necessary to
acquire title to and possession of the ROW Properties prior to the filing of the final report of the
condemnation commissioners to be appointed by the district court;
WHEREAS, the City engaged an independent real estate appraiser to provide the City with
the appraiser's opinion of value of the ROW Properties and the City Council finds that the values in
the appraisal are appropriate and fair; and
WHEREAS, the City has identified numerous potential heirs to the fee owners of the ROW
Properties and is in the process of determining whether a voluntary conveyance of marketable tide
to the ROW Properties is possible;
NOW THEREFORE, BE IT RESOLVED by the City Council (the "Council') of the City of
Elk River, Minnesota as follows:
The acquisition of the ROW Properties is necessary and for the public purpose of
eliminating abandoned property and doing so will be in furtherance of the Project;
2. The proper City officers and agents are authorized and directed to acquire marketable title
to the ROW Properties needed for the Project by voluntary negotiation if possible and, if
not, through the exercise of eminent domain;
3. The approved appraised values for the ROW Properties (as described on the attached
Exhibit A) for the purposes of Minn. Stat. 5117.042 are as follows:
a. Parcel l A_ $9,000.
b. Parcel 3A -- $21,000
4. The law firm of Kennedy & Graven, Chartered, is authorized and directed to take all steps
necessary on behalf of the City to acquire through eminent domain all interests in the ROW
Properties that are not acquired by voluntary negotiation, including filing an action in
eminent domain and using the quick take procedure under Minn. Stat. § 117.042.
5. To the extent that the legal descriptions in Exhibit A do not match the boundaries of the
properties needed for the Project, City officers and agents may amend the legal descriptions
to be used in a voluntary conveyance or action in eminent domain without further action
from the Council.
Approved by the City Council for the City of Elk River this Ch day of June, 2016.
a
Jo J. etz,ayo
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
Legal descriptions of the ROW Properties
Parcel 1:
Part of the following described land, which description must be determined by a survey:
Tract A:
That part of the South half of the Northwest Quarter of Section 32, Township 33 North, Range
26 West, Sherburne County, Minnesota, which lies within a distance of 112.5 feet on each side
of the following described line:
Beginning at a point on the center line of High Street, distant 353.5 feet North of its intersection
with the center line of Line Street in the Village of Elk River, according to the plat thereof now
on file and of record in the office of Register of Deeds in and for Sherburne County; thence run
westerly at an angle of 89 degrees 54 minutes with said center line of High Street (when
measured from South to West) for a distance of 545.6 feet; thence deflect to the right at an angle
of 26 degrees 01 minutes for a distance of 2,118.7 feet; thence deflect to the left at an angle of 28
degrees 21 minutes for a distance of 2,251.8 feet; thence deflect to the left on a 2 degree 30
minutes curve, delta angle 28 degrees 12 minutes, for a distance of 1,128 feet; thence on a
tangent to said curve for a distance of 1,459.2 feet; thence deflect to the right on a 2 degree 30
minute curve, delta angle 30 degrees 51 minutes, for a distance of 1,234.0 feet; thence on tangent
to said curve for a distance of 250 feet and there terminating;
together with all that part of the Southwest quarter of the Northwest quarter of said Section 32
lying Southeasterly of the above described strip, excepting therefrom the right of way of existing
highway.
Tract B:
That part of the Northwest Quarter of the Southwest Quarter of Section 32, Township 33 North,
Range 26 West, Sherburne County, Minnesota; which lies Northwesterly of a line run parallel
with and distant 112.5 feet Southeasterly of the following described line:
Beginning at a point on the center line of High Street, distant 353.5 feet North of its intersection
with the center line of Line Street in the Village of Elk River, according to the plat thereof now
on file and of record in the office of Register of Deeds in and for Sherburne County; thence run
westerly at an angle of 89 degrees 54 minutes with said center line of High Street (when
measured from South to West) for a distance of 545.6 feet; thence deflect to the right at an angle
of 26 degrees 01 minutes for a distance of 2,118.7 feet; thence deflect to the left at an angle of 28
degrees 21 minutes for a distance of 2827.5 feet; thence deflect left at an angle of 28 degrees 12
minutes for a distance of 2,0349 feet; thence deflect to the right on a 2 degree 30 minute curve,
delta angle 30 degrees 51 minutes for a distance of 1,234.0 feet; thence on a tangent to said curve
for a distance of 250 feet and there tenninating;
together with all that part of the above described track lying Southeasterly of the above described
strip and Northerly of the Southerly right of way line of Temporary Trunk Highway No. 10, as
same is now located and traveled over and across the above described tract; excepting therefrom
the right of way of existing highway.
Parcel 3A:
All that part of the West Half of the Northeast Quarter of the Southwest Quarter of Section 32,
Township 33, Range 26, Sherburne County, Minnesota, lying between the North line and
centerline of Old U.S. Highway No. 10.
EXHIBIT B
PARCEL SKETCHES
(Parcels 1 and 3A)
[see attached]
.hERIAL PLAT MAPS
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Parcel I — Outline 6s Approximates
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