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6.1. SR 02-20-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Communi Develo ment Februa 20,2007 Item Description 193rd Avenue Improvement-Public Hearing · Resolution Ordering the Project Memorandum and Preparation of Plans and Specifications · Resolution Authorizing Eminent Domain and Acquisition of Real Property in Accordance with Minnesota Statutes Cha ter 117 Item Number 6.1. Prepared by Ter Maurer, Ci Reviewed by Introduction As the City Council is aware, a public hearing for the consideration of an eminent domain resolution for the 193rd Avenue Corridor has been scheduled for this evening's City Council meeting. A public hearing is not necessary, but Staff believes that it is important to let any affected property owner be heard. Discussion At the public hearing, I will have a brief presentation concerning detailed information regarding the proposed takings from the properties involved in the 193rd Avenue Corridor. Howard Roston will also be in attendance to give the City Council a more detailed description of the eminent domain process. Both of us will be available to answer questions at the public hearing. At the public hearing held on January 16, 2007 to consider the alignment of the 193rd Avenue Corridor, I was asked to bring back more specific information regarding what the new 193rd Avenue Corridor may look like in construction, and also to comment on improvements needed to the existing 193rd Avenue roadway. Although we have not been authorized to enter into final design, we do have some conceptual ideas about what the design would look like. We are envisioning a parkway, much like Orono Parkway right outside City Hall; a median dividing the two lanes of approximately 16 - 18 feet in width. This would allow for the insertion of left turn lanes wherever needed, without moving the thru lanes. Each thru-Iane would be approximately 22 feet wide. This would allow for one lane of traffic and enough room that a disabled vehicle could pull to the shoulder and other traffic could continue to move by, or in the case of a right turn opportunity, that a slight widening of the road could interject a right turn lane, allowing traffic to free-flow by the turning vehicle. As with other major corridors in the City, we envision pedestrian facilities on both sides. One side is typically a 6-foot wide concrete sidewalk and the other side is typically a 10-foot wide bituminous pathway. The 100-foot wide right-of-way would allow for a boulevard area separating the pedestrian movements from the traffic movements. However, in areas of wedands, topography or major vegetation, the final design would attempt to minimize the roadway footprint by moving the pedestrian facilities closer to the curb and gutter. Also, while crossing the wedands, it may be possible to narrow the median to minimize the wedand disruption. At CSAH 13, 193rd Avenue would be a stop condition. At Tyler Street, we envision that Tyler Street would be stop condition and 193rd Avenue would be free-flowing. This could be changed in the future to an all-way stop, if traffic would indicate that is required. We anticipate that the intersection of 193rd Avenue and Auburn Street would remain and all-way stop condition to allow for the significant left turns from eastbound 193rd Avenue to northbound Auburn Street. At the intersection of 193rd Avenue and Evans Street, the 3-way stop would need to be replaced by a signal system which would have to be coordinated with the signal at TH 169. The other improvements that we anticipate on the existing 193rd Avenue is to restripe the roadway to a three-lane design with a center left turn lane. This would allow for one lane of traffic in each direction, with a center left turn lane for left turning vehicles at intersections or into driveways to get out of the way of thru-traffic. It would also leave a small shoulder area near the curb line. Pedestrian facilities along the 193rd Avenue Corridor consist of a concrete sidewalk adjacent to the curb line on the north side of the road. In the fmal design, an analysis will need to be completed to determine whether or not a pedestrian facility along the south side of 193rd Avenue should be installed. Financial Impact There are two financial impacts to this project. The first, of course, is the land acquisition portion of the project; the second is the actual construction costs. In a presentation on April 17, 2006 I estimated that the land acquisition costs could be as much as $1.25 million. Since that time, the alignment has been "tweaked". The big unknown in the land acquisition cost estimate at this time is whether or not the Galvin property will be a total take including their home, which would then involve the purchase of their home and relocation costs in accordance with the new eminent domain law. Or, whether the alignment can be adjusted slighdy to allow the Galvin's to remain in the home site as they previously requested, in which case the acquisition costs will include both the cost to acquire the land and will likely include severance to their parcel on which their home sits. I believe a reasonable range of land acquisition costs at this point in time could run from $750,000 to $1.25 million. The plans recommended by City Staff do not including taking the Galvin Home, bur rather permitting them to stay. The estimated construction cost for the new portion of 193rd Avenue described above is estimated at approximately $1.7 million dollars (2007 dollars). This includes estimated amounts for retaining walls in lieu of grading slopes back. It also includes an amount for wedand mitigation on site. Another option would be to use the City's banked wedand credits to meet mitigation requirements. The construction cost for the signal system at Evans Street and restriping of the existing portion of 193rd Avenue is estimated at $300,000 (2007 dollars). Therefore the total construction cost is in the $2.0 million ballpark. Adding a 10% contingency and 28% overhead the total project cost (excluding land acquisition) would be $2,760,000. It appears that we will receive an interest-free loan from the State Aid System for the TH 169 Study. This would allow the current year's allotment of approximately $800,000 to be utilized for the land acquisition on the 193rd Avenue Corridor (we have requested $1.5 million of an interest- free loan in addition to the TH 169 Study for land acquisition on the 193rd Avenue Corridor. That request will not likely be funded at this point in time, but rather, put on a wait list to C:\Documents and Settings\tallard\Local Settings\Temporary Internet Files\OLKF\Elk River Maurer Document (2).doc determine how much State Aid funds are used for other projects. It is possible that that request will be funded later in 2007). In preceding years our State Aid allotment should amount to approximately $800,000 in construction costs. After an estimated $200,000 repayment for the TH 169 Study advance, this would leave $600,000 for continued land acquisition and/ or construction funding. Another financing method would be to sell MSA bonds pledging future allotments for bond repayments. This is allowed by MSA rules. We also have a $996,000 SAFETEA-LU Grant for the construction of the improvements. Attachments . Resolution to Initiate Eminent Domain . Resolution to Authorize the Preparation of the Project Memorandum and Plans and Specifications Action Requested After the public hearing, the City Council is requested to discuss and take action on the eminent domain resolution. If the Eminent Domain Resolution is adopted, the Council is then requested to discuss and take action on the Resolution Authorizing the Preparation of the Project Memorandum and Plans and Specifications. Council Action Motion by _ Second by _ Vote Follow Up C:\Documents and Settings\tallard\Local Settings\Temporary Internet Files\OLKF\Elk River Maurer Document (2).doc February 14,2007 RESOLUTION NO. 07- CITY OF ELK RIVER COUNTY OF SHERBURNE ST ATE OF MINNESOTA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINNESOTA STATUTES CHAPTER 117 FOR THE 193rd N.W.A VENUE TRANSPORTATION CORRIDOR. RECITIALS WHEREAS, the City of Elk River is a statutory city organized and existing under the laws of the State of Minnesota with all powers, rights and authority of a statutory city and is a public body corporate and politic; WHEREAS, the City of Elk River has the authority to acquire real property by negotiation and condemnation in accordance with Minnesota law including, but not limited to, Minnesota Statutes SS 117.01 et. seq, 412.211, 465.01 and 465.16, and 469.124 through 469,134; WHEREAS, the City of Elk River deems it necessary, convenient and advisable to facilitate the construction for the extension of existing 193rd Avenue N.W. to C.S.A.H. No. 13 (Twin Lakes Road) within the limits of the City of Elk River ("193rd Avenue Extension Project") generally as shown on Exhibit A hereto. WHEREAS, the City of Elk River deems it necessary and convenient and for a public use and public purpose to acquire the property depicted on Exhibit B hereto, for the 193rd Avenue Extension Project in order to facilitate the construction of the 193rd Avenue Extension and fot purposes of improving roads, utilities, drainage, storm water management and other public infrastructure in the City of Elk River and to otherwise S:\Resolutions\2007 Resolutions\Unapproved\Eminent Domain.DOC benefit the health, safety and welfare of the residents of the City of Elk River ("Objectives"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of' Elk River. 1. In order to carry out the Objectives, it is necessary to acquire the fee title to and easements over the real property identified in Exhibit B attached hereto ("Real Property"). 2. The acquisition of the Real Property by the exercise of the power of eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a public purpose and public use as required by the United States Constitution, the Minnesota Constitution and Minnesota Statutes Chapter 117 and, in particular, Minnesota Statutes S~ 117.012 and 117.025, subd. 11 and is further deemed to be necessary and convenient to fulfill the Objectives. 3. The City of Elk River deems it necessary for the Objectives to acquire said Real Property by negotiation and, if necessary, the use of condemnation. 4. In accordance with Minnesota Statutes ~ 117.042, the City of Elk River deems it necessary to proceed without delay prior to the time by which court-appointed commissioners could reasonably be expected to render their award for the taking of the Real Property and to pay to the owners or into Court a sum of money to secure compensation to the owners of the Real Property, which amount shall be equal to the city's approved appraisal value as determined by City Staff. 5. The City of Elk River staff is hereby authorized and directed to take all actions and to execute all documents and contracts necessary to acquire the Real Property 2 identified on Exhibit B, which actions include the specific authorization to: (a) hire appraisers and obtain appraisals or minimum damage assessments of the real property interests to be acquired, (b) complete and record all documents necessary or convenient for purposes of acquiring the Real Property; and (c) retain .such professionals as may be reasonably necessary to facilitate the acquisition of the Real Property including, but not limited to, engineers, appraisers, surveyors, acquisition agents and attorneys. 6. City Staff is directed and authorized to comply with all requirements of Minnesota Statutes Chapter 117 in acquiring the Real Property described on Exhibit B. 7. Pursuant to Minnesota Statutes S 117.036, before commencing a condemnation action to acquire the Real Property described on Exhibit B. City Staff is directed and authorized to obtain at least one appraisal for each parcel of the Real Property. The City's independent appraiser must confer with one or more of the owners of the Real Property, if reasonably possible. Upon completion, City Staff and/or professionals retained by the City are directed to provide the owners of the Real Property with a copy of each appraisal the acquiring authority has obtained for their Real Property at the time an offer is made, but no later than 60 days before presenting a petition to the Court under Minnesota Statutes S 117.055, and inform the owner of the right to obtain an appraisal under Minnesota Statutes S 117.036. Upon request, City Staff shall make available to the owner all appraisals of the Real Property. 8. Prior to commencing condemnation, the City Staff and/or professionals retained by the City are directed to make written offers to the owners of the Real Property described on Exhibit B hereto and attempt to negotiate such offers to a successful conclusion, which negotiations and offers shall be conducted in good faith prior to the 3 commencement of condemnation. In making a good faith offer and in negotiating for the acquisition of the Real Property, City Staff and/or professionals retained by the City are directed to consider the appraisals in its possession and the owners' possession and such other information that may be relevant to a determination of just compensation 9. In circumstances where negotiation and the written offers prove to be unsuccessful, City Staff and/or the City's legal counsel shall commence the necessary Court actions to condemn the Real Property under the procedures provided for in applicable Minnesota Statutes, and in compliance with all requirements of said statutes, including using the quick take procedure set forth in Minnesota Statutes S 117.042. 10. In addition to the foregoing, City Staff is further authorized and directed to take all actions necessary to implement this resolution including obtaining appraisals or minimum damage assessments of all property interests to be acquired and retaining legal counsel to assist in commencing condemnation. Any actions previously taken by City Staff in this regard are hereby ratified and affirmed. The motion for adoption of the foregoing resolution was introduced by Councilmember and duly seconded by Councilmember , and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against the same: 4 Dated: Stephanie A. Klinzing, Mayor ATTEST: , City Clerk 5 Exhibit A [not to scale] [next page] 6 :!ill l::l::Do 5; ~~ ~ ~1T1 ~mr ~~ t ~ :J::.. ~ ~.Q;:) ~ ~ ~ ~ ~ ~ I I Ih,1 jS;t;1 ~nl ~ ~p I ~ 1::"" I I~~":J ~-o 7 ..". '" ~ ~~ ~ ~ ~I"'l -I ::;;:: iij;r :r ~'lI' ~U1 7 Exhibit B The following descriptions include PID Numbers when available for reference purposes. The Real Property to be acquired is described for each Parcel following the reference to "Land Acquisition Description." PARCEL 1, PID NO. 75-126-2101 LAND ACQUISITION DESCRIPTION: That part of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota: which lies East of the West 66.00 feet of said East Half of the Northwest Quarter and which lies West of the East 561.00 feet of said East Half of the Northwest Quarter and which lies Southwesterly and Southerly of a line drawn parallel with and distant 50.00 feet Northeasterly and Northerly of the following described line: Commencing at the Southwest comer of said East Half of the Northwest Quarter; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of said East Half of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Southeasterly, a distance of 12.45 feet, along a non-tangential curve concave to the Southwest, having a radius of 454.00 feet, a central angle of 01 degrees 34 minutes 13 seconds and a chord which bears South 48 degrees 03 minutes 17 seconds East; thence South 47 degrees 16 minutes 10 seconds East, tangent to the last described curve, a distance of 286.25 feet; thence Southeasterly and Easterly, a distance of 334.11 feet along a tangential curve, concave to the Northeast, having a radius of 454.00 feet and a central angle of 42 degrees 09 minutes 54 seconds to the intersection with a line drawn parallel with and distant 50.00 feet North of the South line of said East Half of the Northwest Quarter; thence South 89 degrees 26 minutes 04 seconds East, tangent to the last described curve and along said line drawn parallel with and distant 50.00 feet North of the South line of the East Half of the Northwest Quarter, to the East line of said East Half of the Northwest Quarter and said line there terminating. Perpetual easements for sloping purposes over and across that part of the following described property: That part of the East Half of the Northwest Quarter of Section Twenty-six (26), Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota lying South of the North 1848 feet thereof, lying East of the West 66 feet thereof, and lying West ofthe East 561 feet thereof. Which lies within the perpetual easements for sloping purposes described as follows: 8 A strip of land 55.00 feet in width, over and across that part of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, the Southwesterly line of which is a line drawn parallel with and distant 50.00 feet Northeasterly of a line described as follows: Commencing at the Southwest comer of said East Half of the Northwest Quarter; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of said East Half of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Southeasterly, a distance of 12.45 feet, along a non-tangential curve concave to the Southwest, having a radius of 454.00 feet, a central angle of 01 degrees 34 minutes 13 seconds and a chord which bears South.48 degrees 03 minutes 17 seconds East; thence South 47 degrees 16 minutes 10 seconds East, tangent to the last described curve, a distance of 286.25 feet; thence Southeasterly and Easterly, a distance of 82.00 feet along a tangential curve to be hereinafter referred to as "Curve B", concave to the Northeast, having a radius of 454.00 feet and a central angle of 10 degrees 20 minutes 57 seconds to.a point to be hereinafter re~erred to as "Point A" and said line there terminating. Said, strip ofland is to extend by its full width from the East line of the West 66.00 feet of said East Half of the Northwest Quarter to a line which bears North 32 degrees 22 minutes 53 seconds East and passes through said above described reference "Point A", And Also: A strip of land 20.00 feet in width, over and across that part of said East Half of the Northwest Quarter, the Southwesterly line of which is a line drawn parallel with and distant 50.00 feet Northeasterly of a line described as follows: Beginning at said above described reference "Point A"; thence Southeasterly and Easterly, a distance of 97.50 feet, along the Southeasterly and Easterly extension of said above described reference "Curve B", concave to the Northeast, having a radius of 454.00 feet and a central angle of 12 degrees 18 minutes 17 seconds to a point to be hereinafter referred to as "Point C". Said strip of land is to extend by its full width from a line which bears North 32 degrees 22 minutes 53 seconds East and passes through said above described reference "Point A" to a line which bears North 20 degrees 04 minutes 36 seconds East and passes through said above described reference "Point C" to a line which bears North 00 degrees 33 minutes 56 seconds East and passes through said above described reference "Point D". And Also: A strip of land 55.00 feet in width, over and across that part of said East Half of the Northwest Quarter, the Southwesterly line of which is a line drawn parallel with and distant 50.00 feet Northeasterly of a line described as follows: 9 Beginning at said above described reference "Point C"; thence Southeasterly and Easterly, a distance of 154.61 feet, along the Southeasterly and Easterly extension of said above described reference "Curve B", concave to the Northeast, having a radius of 454.00 feet and a central angle of 19 degrees 30 minutes 40 seconds to the intersection with a line drawn parallel with and distant 50.00 feet North of the South line of said East Half of the Northwest Quarter, said point of intersection is to be hereinafter referred to as "Point D"; thence South 89 degrees 26 minutes 04 seconds East, tangent to said last described curve and along said line drawn parallel with and distant 50.00 feet North of the South line of the East Half of the Northwest Quarter, to the East line of said East Half of the Northwest Quarter and said line there terminating. Said strip of land is to extend by its full width from a line which bears North 20 degrees 04 minutes 36 seconds East and passes through said above described reference "Point C" to a line which bears North 00 degrees 33 minutes 56 seconds East and passes through said above described reference "Point D". And Also: The North 20.00 feet ofthe South 120.00 feet of said East Half of the Northwest Quarter, which lies Easterly ofa line which bears North 00 degrees 33 minutes 56 seconds East and passes through said above described reference "Point D" and which lies West of the West line ofthe East 561.00 feet of said East Half ofthe Northwest Quarter. 10 PARCEL 2, PID NO. 75-126-2100 LAND ACQUISITION DESCRIPTION: That part of the East 495 feet of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, lying South of a line described as: Beginning at a point on the East line of said Northwest Quarter a distance of 2393.75 feet south of the Northeast comer of said Northwest Quarter; thence west at right angles for 495 feet and there terminating. EXCEPTING THEREFROM all that part thereof lying within the following described tract to-wit: Beginning at a point on the East line of said Northwest Quarter a distance of 2200 feet south of the Northeast comer thereof; thence west at right angles for 174.5 feet; thence south parallel with said East line for 250 feet; thence east at right angles for 174.5 feet; thence north along said East line for 250 feet to the point of beginning. 11 PARCEL 3, PID NO. 75-126-1405 LAND ACQUISITION DESCRIPTION: All that part of the South Half of the Northeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota which lies Southerly and Southwesterly of a line drawn parallel with and distant 50.00 feet Northerly and Northeasterly of the following described line: Beginning at the point of intersection with the West line of said South Half of the Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of the Northeast Quarter; thence South 89 degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a central angle of 33 degrees 41 minutes 09 seconds and said line there terminating. A perpetual easement for sloping purposes over and across that part of the following described property: That part of the South Half of the Northeast Quarter (S1I2 ofNE1I4) of Section Twenty- six (26), Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota described as follows: Commencing at the Southwest comer of the said South Half of the Northeast Quarter (Sl/2 ofNE1I4); thence East on and along the East and West quarter section line of said Section Twenty-six (26), a distance of Six Hundred Twenty-six and Twelve Hundredths (626.12) feet; thence North and parallel with the North and South Quarter line of said Section Twenty-six a distance of Two Hundred and Eight and Seven Hundred and Eight Thousandths (208.708)' feet; thence West and parallel with the said East and West quarter section line a distance of Six Hundred and Twenty-six and Twelve Hundreths (626.12) feet or the said North and South quarter section line; thence South on and along said North and South quarter section line to the point of beginning. Which lies with a perpetual easement for sloping purposes described as follows: A strip of land 20.00 feet in width, over that part of the South Half of the Northeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, the Southerly line of which is a line drawn parallel with and distant 50.00 feet Northerly of a line described as follows: Beginning at the point of intersection with the West line of said South Half of the Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of the Northeast Quarter; thence South 89 degrees 26 12 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a centnil angle of 33 degrees 41 minutes 09 seconds and said line there terminating. Said strip of land is to extend by its full width from said West line of the South Half of the Northeast Quarter to a line drawn parallel with and distant 295.00 feet East of said West line of the South Half ofthe Northeast Quarter. 13 PARCEL 4, PID NO. 75-126-2200 LAND ACQUISITION DESCRIPTION: That part of the West 66.00 feet of the East Half of the Northwest Quarter, Section 26, Township 33, Range 26, Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and distant 50.00 feet Northerly ofthe following described line: Commencing at the Southwest comer of said East Half of the Northwest Quarter; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of said East Half of the Northwest Quarter, a distance of 367.87 feet; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet, a central angle of 53 degrees 04 minutes 07 seconds and a chord which bears North 75 degrees 22 minutes 27 seconds West, to the point of beginning of. said line to be hereinafter described; thence Easterly and Southeasterly, a distance of 432.95 feet, along said last described curve and its Southeasterly extension, being concave to the South, having a radius of 454.00 feet and a central angle of 54 degrees 38 minutes 20 seconds; thence South 47 degrees 16 minutes 10 seconds East, tangent to said last described curve, a distance of 286.25 feet and said line there terminating. A perpetual easement for sloping purposes over and across that part of the following described property: The West 66 feet of the East Half of the Northwest Quarter, Section 26, Township 33, Range 26, Sherburne County, Minnesota. Which lies within a perpetual easement for sloping purposes described as follows: A strip of land 40.00 feet in width over that part of the West 66.00 feet of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, the South line of which is a line drawn parallel with and distant 50.00 feet Northerly ofthe following described line: Commencing at the Southwest comer of said East Half of the Northwest Quarter; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of said East Half of the Northwest Quarter, a distance of 367.87 feet; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet, a central angle of 53 degrees 04 minutes 07 seconds and a chord which bears North 750degrees 22 minutes 27 seconds West, to the point of beginning of said line to be hereinafter described; thence Easterly and Southeasterly, a distance of 432.95 feet, along said last described curve and its Southeasterly extension, being concave to the South, having a radius of 454.00 feet and a central angle of 54 degrees 38 minutes 20 seconds; thence South 47 degrees 16 minutes 14 10 seconds East, tangent to said last described curve, a distance of 286.25 feet and said line there terminating. Said strip of land is to extend by its full width from said West line of the East Half of the Northwest Quarter to the East line of said West 66.00 feet of the East Half of the Northwest Quarter. 15 PARCEL 5, PID NO. 75-126-4201 LAND ACQUISITION DESCRIPTION: That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows: A strip ofland 100.00 feet in width over said Northwest Quarter ofthe Southeast Quarter, the centerline of which is described as follows: Beginning at the point of intersection with the West line of the South Half of the Northeast Quarter of said Section 26, with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of the Northeast Quarter; thence South 89 .-' degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes, 56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the Northwesterly right of way line of County State Aid Highway No. 13 and said centerline there terminating. Said strip of land is to extend by it's full width from the North line of said Northwest Quarter of the Southeast Quarter to the East line of said Northwest Quarter of the Southeast Quarter and a line described as follows: Commencing at the Northwest comer of said Northwest Quarter of the Southeast Quarter; thence Southerly, along the West line of said Northwest Quarter of the Southeast Quarter, a distance of 572.00 feet to the point of beginning of said line to be hereinafter described; thence Easterly, parallel with said North line of the Northwest Quarter of the Southeast Quarter to said East line of the Northwest Quarter of the Southeast Quarter and said line there terminating. Perpetual easements for drainage and utility purposes over, across and under the following described property: That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at the Northwest comer of said Northwest Quarter of the Southeast Quarter; thence south along the west line of said Northwest Quarter of the Southeast Quarter a distance of 300 feet; thence east parallel with the north line of said Northwest Quarter of the Southeast Quarter a distance of 400 feet; thence south parallel with said west line a distance of 272 feet; thence east parallel with the north line of said Northwest Quarter of the Southeast Quarter a distance of 902.93 feet to the east line of said Northwest Quarter of the Southeast Quarter; thence north along said east line a distance of 572 feet to the 16 northeast comer of said Northwest Quarter of the Southeast Quarter; thence west along the north line of said Northwest Quarter of the Southeast Quarter a distance of 1302.74 feet to the point of beginning. Which lies within a perpetual easement for drainage and utility purposes described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, which lies South of the South line of the North 274.00 feet of said Northwest Quarter of the Southeast Quarter and which lies Northeasterly of a line drawn parallel with and distant 50.00 feet Northeasterly of a line to be hereinafter referred to as "Line A" and described as follows: Beginning at the point of intersection with the West line of said South Half of the Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of the Northeast Quarter; thence South 89 degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes 56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the Northwesterly right of way line of County State Aid Highway No. 13 and said line there terminating. And Also: The North 163.00 feet of said Northwest Quarter of the Southeast Quarter which lies Southerly and Southwesterly of a line drawn parallel with and distant 50.00 feet Southerly and Southwesterly of said above described reference "Line A." And Also: The South 32.00 feet of the North 195.00 feet of the West 307.00 feet of said Northwest Quarter of the Southeast Quarter. And Also: That part of said Northwest Quarter ofthe Southeast Quarter described as follows: Commencing at the Northwest comer of said Northwest Quarter of the Southeast Quarter; thence Southerly, along the West line of said Northwest Quarter ofthe Southeast Quarter, a distance of 572.00 feet; thence Easterly, along a line drawn parallel with the North line of said Northwest Quarter of the Southeast Quarter, a distance of 568.00 feet to the point of beginning of said easement to be hereinafter described; thence Northerly along a line drawn parallel with said West line of the Northwest Quarter of the Southeast Quarter to 17 the intersection with a line drawn parallel with and distant 275.00 feet Southwesterly of said above described reference "Line A"; thence Northwesterly, along said last describe parallel line, a distance of 113.00 feet; thence Northeasterly, on an angle to the left of 90 degrees 00 minutes 00 seconds, along a line to be hereinafter referred to as "Line B", to the intersection with a line drawn parallel with and distant 50.00 feet Southwesterly of said above described reference "Line A"; thence Southeasterly, along said last described parallel line to the intersection with a line drawn parallel with said North line of the Northwest Quarter of the Southeast Quarter and extended Easterly from said point of beginning; thence Westerly, along said last described parallel line to said point of beginning. And also which lies within the perpetual easements for sloping purposes described as follows: A strip of land 35.00 feet in width over that part of said Northwest Quarter of the Southeast Quarter, the Northeasterly line of which is a line drawn parallel with and distant 50.00 feet Southwesterly of said above described reference "Line A." Said strip of land is to extend by its full width from the South line of the North 163.00 feet of said Northwest Quarter of the Southeast Quarter to said above described reference "Line B". And also: A strip of land 30.00 feet in width, over that part of said Northwest Quarter of the Southeast Quarter, the Southwesterly line of which is a line drawn parallel with and distant 50.00 feet Northeasterly of said above described reference "Line A". Said strip of land is to extend by its full width from a line drawn parallel with and distant 274.00 feet South of the North line of said Northwest Quarter of the Southeast Quarter to a line drawn parallel with and distant 176.00 feet South of said North line of the Northwest Quarter ofthe Southeast Quarter. 18 PARCEL 6, PID NO. 75-126-4101 LAND ACQUISITION DESCRIPTION: That part of the Northeast Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows: A strip of land 100.00 feet in width over that part of said Northeast Quarter of the Southeast Quarter, the centerline of which is described as follows: Beginning at the point of intersection with the West line of the South Half of the Northeast Quarter of said Section 26, with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of the Northeast Quarter; thence South 89 degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes, 56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the Northwesterly right of way line of County State Aid Highway No. 13 and said centerline there terminating. Said strip of land is to extend by its full width from the West line of said Northeast Quarter of the Southeast Quarter to said Northwesterly right of way line of County State Aid Highway No. 13. 19 PARCEL 7, PID NO. 75-126-3105 LAND ACQUISITION DESCRIPTION: Perpetual easements for sloping purposes over and across that part of the following described property: The Northeast Quarter of the Southwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota. Which lies within the perpetual easements for sloping purposes described as follows: The North 75.00 feet of the East 200.00 feet of the West 450.00 feet of the Northeast of the Southwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota. And Also: The North 65.00 feet of said Northeast Quarter of the Southwest Quarter, which lies East of the West 450.00 feet of said Northeast Quarter of the Southwest Quarter. 20 PARCEL 8 (NO PID NO. ASSIGNED BY COUNTY) LAND ACQUISITION DESCRIPTION: The South 100.00 feet of the West 66.00 feet of the East 561.00 feet of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota. A perpetual easement for sloping purposes over and across that part of the following described property: That part ofthe West 66.00 feet of the East 561.00 feet of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota lying south of the South line of OAK HILLS 1ST ADDITION, according to the recorded plat thereof, said Sherburne County, Minnesota. Which lies within a perpetual easement for sloping purposes described as follows: The North 25.00 feet of the South 125.00 feet of the West 66.00 feet of the East 561.00 feet of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota. 21 PARCEL 9, PID NO. 75-126~4206 LAND ACQUISITION DESCRIPTION: That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota which lies Southerly of a line described as follows: Commencing at the Northwest comer of said Northwest Quarter of the Southeast Quarter; thence Southerly, along the West line of said Northwest Quarter of the Southwest Quarter, a distance of 572.00 feet to the point of beginning of said line to be hereinafter described; thence Easterly, along a line drawn parallel with the North line of said Northwest Quarter of the Southeast Quarter to the East line of said Northwest Quarter of the Southeast Quarter and said line there terminating. and which also lies Northeasterly of a line drawn parallel with and distant 50.00 feet Southwesterly of the following described line: Beginning at the point of intersection with the West line of said South Half of the Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of the Northeast Quarter; thence South 89 degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes 56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the Northwesterly right of way line of County State Aid Highway No. 13 and said line there terminating. A perpetual easement for sloping purposes, over and across the following described property: All that part of the Northwest Quarter of the Southeast Quarter, Section 26, Township 33, Range 26, Sherburne County, Minnesota described as commencing at a point on the West line of said Northwest Quarter ofthe Southeast Quarter a distance of 572.00 feet South of the Northwest comer thereof; thence North 89 degrees 38 minutes 16 seconds East and parallel with the North line of said Northwest Quarter of the Southeast Quarter a distance of 1302.93 feet, more or less, to intersect the East line of said Northwest Quarter of the Southeast Quarter, said point of intersection being the actual point of beginning of the land to be hereby described; thence South 0 degrees 36 minutes 16 seconds East along said East line a distance 439.73 feet, more or less, to intersect the centerline of C.S.A.H. No. 13 as now laid out and constructed; thence South 49 degrees 27 minutes 12 seconds West along said centerline a distance of 466.79 feet, more or less, to intersect the South line of said Northwest Quarter of the Southeast Quarter at a point thereon a distance of 22 945.31 feet East of the southwest comer of said Northwest Quarter of the Southeast Quarter as measured along said South line; thence from the last described point of intersection, North 0 degrees 35 minutes 00 seconds West and parallel with the West line of said Northwest Quarter of the Southeast Quarter a distance of 324.40 feet; thence Northeasterly to a point on the afore described line, parallel with the North line of said Northwest Quarter of the Southeast Quarter and passing through the point of beginning, a distance of 157.88 feet West of said point of beginning; thence, from the last described point of intersection, North 89 degrees 38 minutes 16 seconds East along said parallel line a distance of 157.88 feet to the point of beginning. Which lies within a perpetual easement for sloping purposes described as follows: A strip of land 10.00 feet in width over that part of the Northwest. Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, the Northeasterly line of which is a line drawn parallel with and distant 50.00 feet Southwesterly of the following described line: . Beginning at the point of intersection with the West line of said South Half of the Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the South line of said South Half of 'the Northeast Quarter.; thence South 89 degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel with and distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes 56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the Northwesterly right of way line of County State Aid Highway No. 13 and said line there terminating. Said strip of land is to be extended by its full width from the East line of said Northwest Quarter of the Southeast Quarter to a line described as follows; Commencing at a point on the West line of said, Northwest Quarter of the Southeast Quarter a distance of 572.00 feet South of the Northwest comer thereof; thence North 89 degrees 38 minutes 16 seconds East and parallel with the North line of said Northwest Quarter of the Southeast Quarter, said line to be hereinafter referred to as "Line A", a distance of 1302.93 feet, more or less, to intersect the East line of said Northwest Quarter of the Southeast Quarter, said point of intersection to be hereinafter referred to as "Point B"; thence South 0 degrees 36 minutes 16 seconds East along said East line a distance 439.73 feet, more or less, to intersect the centerline of C.S.A.H. No. 13 as now laid out and constructed; thence South 49 degrees 27 minutes 12 seconds West along said centerline a distance of 466.79 feet, more or less, to intersect the South line of said Northwest Quarter of the Southeast Quarter at a point thereon a distance of 945.31 feet East of the southwest comer of said Northwest Quarter of the Southeast Quarter as measured along said South line; thence from the last described point of intersection, North 0 degrees 35 minutes 00 seconds West and parallel with the West line of said 23 Northwest Quarter of the Southeast Quarter a distance of 324.40 feet to the point of beginning of said line to be hereinafter described; thence Northeasterly to a point on said above described reference "Line A" distant 157.88 feet West of said above described reference "Point B", as measured along said above described reference "Line A"; there Easterly along said above described reference "Line A", a distance of 157.88 feet to said above described reference "Point B", and said line there terminating. 24 PARCEL 10, PID NO. 75-734-0175 LAND ACQUISITION DESCRIPTION: All that part of Lot 15, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and distant 50.00 feet Northerly of the following described line: Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non~tangential curve concave to the South, having a radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78 degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of 78.26 feet and said line there terminating. A perpetual easement for drainage and utility purposes over, under and across that part of the following described property: Lot 15, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota. Which lies within a perpetual easement for drainage and utility purposes described as follows: A strip ofland 10.00 feet in width over that part of Lot 15, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office ofthe County Recorder, Sherburne County, Minnesota, the South line of which is a line drawn parallel with and distant 50.00 feet North ofthe following described line: Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78 degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of 78.26 feet and said line there terminating. 25 Said strip of land is to extend by its full width from the West line of said Lot 15 to the East line of said Lot 15. 26 PARCEL 11, PID NO. 75-734-0180 LAND ACQUISITION DESCRIPTION: All that part of Lot 16, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and distant 50.00 feet Northerly ofthe following described line: Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78 degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of 78.26 feet and said line there terminating. A perpetual easement for drainage and utility purposes over, under and across that part of the following described property: Lot 16, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota. Which lies within a perpetual easement for drainage and utility purposes. described as follows: A strip of land 10.00 feet in width over that part of Lot 16, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota, the South line of which is a line drawn parallel with and distant 50.00 feet North of the following described line: Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78 degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of 78.26 feet and said line there terminating. 27 Said strip of land is to extend by its full width from the West line of said Lot 16 to the East line of said Lot 16. 28 PARCEL 12, PID NO. 75-734-0185 LAND ACQUISITION DESCRIPTION: All that part of Lot 17, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and distant 50.00 feet Northerly ofthe following described line: Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78 degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of 78.26 feet and said line there terminating. A perpetual easement for drainage and utility purposes over, under and across that part of the following described property: Lot 17, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota. Which lies within a perpetual easement for drainage and utility purposes described as follows: A strip ofland 10.00 feet in width over that part of Lot 17, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota, the South line of which is a line drawn parallel with and distant 50.00 feet North of the following described line: Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the South, having a radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78 degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of 78.26 feet and said line there terminating. 29 Said strip of land is to extend by its full width from the West line of said Lot 17 to the East line of said Lot 17. 30 PARCEL 13, PID NO. 75-708-0040 LAND ACQUISITION DESCRIPTION: Outlot D, THE WOODS AT HILLSIDE THIRD ADDITION, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota. 31 RESOLUTION 07- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ORDERING THE PROJECT MEMORANDUM AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE 193RD AVENUE IMPROVEMENT WHEREAS, a public hearing relating to the 193rd Avenue corridor alignment was held before the Elk River City Council after ten days mailed notice and two weeks published notice of the hearing was given; and WHEREAS, the City Council has duly considered the 193rd Avenue corridor alignment and those matters presented at the public hearing by those persons desiring to be head on the matter; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River, Minnesota; 1. T eny J. Maurer, City Engineer is hereby designed as Project Engineer for this improvement. The Project Engineer is directed to prepare a project memorandum and plans and specifications for the making of the improvement and the solicitation of the competitive bids. Passed and adopted this 20th day of February, 2007. Stephanie A. Klinzing, Mayor ATTEST: Tina Allard, City Clerk s: \EngineerlmprovProj\2007 Improvement Projects \193rd Ave Corridor\Resolutions \Resolution ordering project memorandum. doc Estimated MSA Project Funding February, 2007 193rd Avenue Extension Land and Construction Federal Funds $ 4,010,000 996,000 3,014,000 City Share of Construction Cost Hwy 169 Study Cost of Study fully funded by City 1,000,000 CITY SHARE OF BOTH PROJECTS 4,014,000 MSA - Annual Allocation $ 800,000 Years of MSA funding needed to fund both projects 5.018 Next year of available MSA funding if both projects are funded 2012 Notes: 193rd Ave. Extension data based on information from City Engineer 2/20/07 memo. Hwy 169 Study cost as approved by Council. MSA Annual Allocation estimated based on 2007 allocation. Prepared February 16, 2007 Prepared by - Tim Simon & Lori Johnson