HomeMy WebLinkAbout1991-216 CCR1
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Member Celia Scott introduced the following resolution
and moved its adoption:
RESOLUTION NO. 91 -216
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS
FOR THE WIDENING AND RECONSTRUCTION OF 69th AVENUE
NORTH, BROOKLYN CENTER IMPROVEMENT PROJECT NO.
1990 10
WHEREAS, the City of Brooklyn Center has undertaken Improvement
Project No. 1990 -10, which involves reconstruction and widening of 69th Avenue
North between Noble Avenue North and Shingle Creek Parkway and the
construction of a public trailway adjacent to the reconstructed street; and
WHEREAS, in order to construct the improvements contemplated by
Improvement Project No. 1990 -10, the City requires fee simple title to a portion of
certain real estate located adjacent to the existing 69th Avenue right -of -way and
also requires temporary construction easements over the remainder of said real
estate; and
WHEREAS, the City Council finds it necessary, proper and expedient and in
the interests of the public health, convenience and general welfare of the citizens
of the City of Brooklyn Center for the City to acquire said fee simple title to and
temporary construction easements over the affected property; and
WHEREAS, the City Council finds that the construction schedule for
Improvement Project No. 1990 -10 makes it necessary to acquire title to and
possession of the required real estate interests prior to the filing of the final report
of the condemnation commissioners to be appointed by the district court; and
WHEREAS, the use of Minn. Stat. Sec. 117.042 (1990), the so- called
"Quick Take" statute, will enable the City to timely acquire the required real
estate interests in said property; and
WHEREAS, the City has ordered and received an appraisal report setting
forth the damages that will result due to the acquisition of the required real estate
interests in said property; and
WHEREAS, the appraisal report was prepared by a professional real estate
appraiser, properly certified, who possesses the appropriate appraisal credentials;
and
WHEREAS, the appraisal report has been reviewed by an independent review
appraiser, who states that the appraisal report is in proper form and has been
prepared in conformance with the professional appraisal standards that pertain in
the Twin Cities metropolitan area; and
WHEREAS, the "Quick Take" statute requires the City Council to pass upon
said appraisal report for the purpose of adopting it as the City's approved appraisal
of value for Quick Take purposes;
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RESOLUTION NO. 91 -216
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City
of Brooklyn Center, Minnesota:
1. That the City Attorney is hereby authorized to commence
condemnation proceedings for Brooklyn Center Improvement Project No. 1990 -10
in accordance with Minn. Stat. Sec. 117.042 to acquire the estates in the lands and
for the purposes described as follows:
Description of subject property:
Lots 6, 7 and 8, Block 2, LANE'S BROOKLYN CENTER
ADDITION.
Description of taking:
A. AU right, title and interest in that part of the subject
property lying southerly and southwesterly of the
following described line:
Commencing at the northeast corner of said Lot
6, thence South 00 degrees 35 minutes 13
seconds East, assumed basis for bearings, 91.00
feet along the east line of said Lot 6 to the point
of beginning of the line to be described; thence
North 89 degrees 56 minutes 30 seconds West
85.37 feet; thence westerly and northwesterly
55.95 feet along a tangential curve concave to
the northeast, central angle 53 degrees 25
minutes 32 seconds, radius 60.00 feet; thence
North 36 degrees 30 minutes 58 seconds West
84.37 feet to a point in the northwesterly line of
said Lot 8, distant 87.00 feet southwesterly of
the northeasterly corner thereof and said line
there terminating.
Reserving, however, a permanent easement for ingress
and egress purposes over that part of the northwesterly
28 feet of Lot 8, Block 2, measured perpendicularly to
the northwesterly line of said lot, which is southerly
and southwesterly of the previously described line. Said
permanent easement shall be appurtenant to and for the
benefit of Lots 9, 10 and 11, Block 2, LANE'S
BROOKLYN CENTER ADDITION.
B. A temporary easement for building demolition purposes
over, under and across that part of Lots 6 to 8
inclusive, Block 2, LANE'S BROOKLYN CENTER
ADDITION, according to the recorded plat thereof,
Hennepin County, Minnesota and lying northerly and
northeasterly of the previously described line except
the northwesterly 28.00 feet of said Lot 8. Said
easement to be 12 months in duration.
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RESOLUTION NO. 91 -216
2. That the appraised value of the real estate interests to be acquired in
the amount of $91,500.00 is hereby approved.
3. That the City Director of Finance is authorized to draw a check in
the amount of $91,500.00, payable to the District Court Administrator, to be
deposited with the court.
September 9, 1991
Date Todd Paulson, Mayor
ATTEST: ALlc,.Q �Q
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Dave Rosene and upon vote being taken thereon, the
following voted in favor thereof:
Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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