99-032 RESRESOLUTION NO. 99-32
cITY OF ELK RIVER
COUNTY OF S]~ERBURNE
STATE OF MINNESOTA
A RESOLUTION OF T]~E CITY COUNCIL'OF TI~E CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. § 117.042
RECITALS
WI~EREAS, the City o£Elk River is a statutory city organized and existing under the
laws of the State &Minnesota with all powers, rights and authority ora statutory city and is a
public body corporate and politic.
WI~EREAS, the City of'Elk River has the authority to acquire real property by
condemnation in accordance with Minnesota Law including Minn. Stat. § 412.211, Minn. Stat. §§
465.01 and 465.16, and Minn. Stat. § 469.126;
WI~EREAS, the City of Elk River, by previous action, has designated Municipal
Development District No. 1 ("Development District") which Development District is coterminous
with the city limits of the City of Elk River;
wm~REAS, the City of Elk River has adopted a development program for the
Development District ("Development Program");
WHEREAS, in accordance with the Development Program, the City of Elk River has
deemed it advisable to encourage development within the Development District in an effort to
increase the tax base of the City &Elk River, provide for employment opportunities within the
City of Elk River and otherwise benefit the health, safety, morals and welfare of the residents of
the City of Elk River in accordance with the public purpose provisions of applicable state and
local laws;
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WltEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan
("Comprehensive Plan") on December 18, 1995;
WHEREAS, the 1995 Comprehensive Plan identifies the area within the corporate limits
of the City of Elk River which is planned to have city water and sanitary sewer service available;
WltEREAS, the City of Elk River completed the East Elk River Urban Services Area
Planning Study (''Planning Study") in May, 1997;
WItEREAS, the 1997 Planning Study identifies the transportation and utility corridors in
the East Elk River Urban Services Area;
WltEREAS, the City of Elk River deems it necessary and convenient to acquire certain
real property interests located within the Development District and the East Elk River Urban
Services Area in order to further the objectives of the Development Program, the 1995
Comprehensive Plan and the 1997 Planning Study by developing and establishing public roads and
providing for certain utilities including water, sanitary sewer, storm sewer, and electricity in the
East Elk River Area;
NOW, TltEREFORE, BE IT RESOLVED by the City Council of the City of Elk River:
1. In order to carry out the purposes and objectives of the Development Program, the
1995 Comprehensive Plan and the 1997 Planning Study, and to provide for continued
development within the Development District, it is necessary to acquire the real property interests
described in Exhibit A 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 is deemed to be necessary to further the objectives of the Development Program, the 1995
Comprehensive Plan and the 1997 Planning Study.
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3. The City of Elk River deems it necessary for the purposes of encouraging
development in the Development District, increasing the tax base therein, and generally providing
for the health, safety, morals and welfare of its citizens to acquire said Real Property.
4. Because construction of the planned roadway and utility improvements is to begin
in early 1999, prior to the time by which court-appointed commissioners could reasonably be
expected to render their award for the taking of the Real Property, the City of Elk River deems it
necessary to proceed without delay under Minn. Stat. § 117.042 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 staffis hereby authorized and directed to execute all
documents and contracts necessary to acquire fee interests, permanent easements and temporary
construction easements over the Real Property described in Exhibit A, which actions include the
specific authorization to: (a) obtain appraisals or minimum damage assessments of the real
property interests to be acquired; (b) make written offers to affected property owners and
negotiate such offers to a successful conclusion; (c) acquire the real property interests needed at
the appraised value plus additional damages, if any, as approved by the City Administrator; and
(d) in circumstances where negotiation proves to be unsuccessful or has already proven to be
unsuccessful, condemn the real property interests needed under the procedures provided for in
applicable Minnesota Statutes, and in compliance with all requirements of said statutes, using the
quick take procedure set forth in Minn. Stat. § 117.042.
6. City of Elk River staffis further authorized and directed to take all action
necessary to implement this authorization including obtaining appraisals or minimum damage
assessments of all property interests to be acquired and retaining legal counsel to assist in
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commencing condemnation. Any actions previously taken by staff in this regard are hereby
ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by Councilmember
D~etz and duly seconded by Councilmember Thompson
and upon a vote being taken thereon, the following voted in favor thereofi Hayor Klinzing,
Council Members Dietz, Thompson, Farber and Motin
and the following voted against the same:
Dated: April 19, 1999
ATTEST:
Sandra Peine, City Clerk
None
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EXJ-~mlT A
A strip of larval 96.§76 meters (120.00 f~g) in width over u~t part of the Nor~ hail.~ of the
Northeast Quarter of section 11, Township 32, Range 26, Sherburne County, Minnesota, the
cen~ of which is described as follows~.
Commencing at thc Northeast comer of the Northeast Quarter of the Southwest Qu,xner of
Section 2, Township 32, Range 126, Sherburne County, Minnesota; thence North 89 degrees
38 minutes 23 seconds West, an assumed bearing along the North linc of said N~rtheast
Quarter of the Southwest Quarter, a distance of 387.067 meters (1,269.90 feet) to the actual
point of beginning of said centerline to bc hcrcinaftcr dcscr~ed; thence Southeaslerly, a
dism~e~ of 279.506 meters (917.01 feet), along a non-tangcntial curve concave to the
Northeast having a radius of 250.000 meters (820.21 feet), a central anglc of 64 de~ees 03
minutes 29 seconds axxl a chord bearing of South 46 degrees 37 minutes 48 secor~ds East;
thence South 65 degrees $5 minutes 26 seconds East, tangent to said last described tmrve, a
distance of 145.549 meters (47'/.52 feet); thence Southeasterly ard Southerly, a distance of
127.720 meters (419.03 feet), along a tangential curve concave to the Southwest l~aving a
radius of 140.000 meters (459.32 feet) and a central angle of 52 degrees 16 minutes 12
seconds; thence South 13 dcgrees 39 minutes 13 seconds F~ast, tangent to said last ~¢scribcd
cra-ye, a disrs~ee of 47.376 meters (15:5.43 feet); thence Southerly, a distance of 221.648
meters (727.19 feet), along a tangential curve concave to the West, having a radius of 850.00
meters (2,788.71 feet) and a central angle iof 1~ degrees, 56 mhmtes 26 seconds; thexsce South
01 degrees 17 minutes 13 seconds West.,i tangent to said last describext curve, a disr~a'lce of
167.012 meters (547.94 feet); thence Southerly and Southeasterly a distance of 176.I60 meters
(577.95 feet), along a tangcntiaI curve concave to the Northeast, having a radius of 140.000
meters (459.32 feet) and a central angle of 72 degrees 05 minutes 40 seconds; thence South 70
degrees 48 minutes 27 seconds Faxst, tangent to said last described curve, a distance of 9.474
meters (31.08 feet); thence Southeasterly, Southcrly and Southwesterly, a distance o15 297.859
meters (977.23 feet), along a tangential curvc concave to thc West, having a radius of 140.000
meters (459.32 feet) and a central angle of 121 degrees 54 mlrlUteS 02 SeCOnds; thence South
51 degrees 05 minutes 35 seconds West, tangent to said last described curve, a distance of
98.602 meters (323.50 feet) to the intersection with the Northeasterly right-of-way lic~e of the
Burlington Northern l~silroad and there termhlathlg.
Said strip of land is to extend by its full width from the North line of said North half of the
Northeast Quarter to said Northeasterly right-of-way linc of the Burlington Northern Railroad.
o:xprolxs00~oju~0-~0o.j~ Easement Parcel No. 1