HomeMy WebLinkAbout2002-189 CCRMember Kay Tasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2002-189
RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE
MISSISSIPPI RIVERBANK PROTECTION PROJECT, CITY PROJECT NO. 99-
11
WHEREAS, the City of Brooklyn Center has undertaken City Project No. 99-11, which
involves the stabilization of approximately 800 linear feet of the Mississippi River Bank located
adjacent to properties lying between and including 6620 Willow Lane to 6720 Willow Lane in the
City of Brooklyn Center (the "Project area"); and
WHEREAS, over several years, the Mississippi River has eroded the river bank in the Project
Area; and
WHEREAS, the erosion threatens the integrity of an 18-inch diameter sanitary sewer
interceptor located directly beneath the river bank in the Project Area, and continued erosion of the
bank adjacent to the sewer line eventually will cause the sewer line to break; and
WHEREAS, breakage of the sewer line would result in the direct discharge of significant
amounts of sanitary sewage into the Mississippi River; and could also contaminate the drinking
water supply for the City of Minneapolis, the intake for which is located downstream from the
Project area; and
WHEREAS, breakage of the sewer line could also cause flooding of a downstream sewage
lift station that serves approximately one third of the geographic area of the City of Brooklyn Center;
and
WHEREAS, in April 2002 the City entered into an agreement with the U. S. Corps of Army
Engineers (the "Corps") to undertake City Project No. 99-11, based upon the Corps' preferred
alternative for addressing the erosion problem; and
WHEREAS, the Corps arrived at the preferred alternative after conducting a feasibility study
that considered six alternatives (including relocation of the sewer line and taking no action); and
WHEREAS, the Corps also conducted an environmental assessment of the proposed
alternative and has issued a finding that the Project will not have significant adverse impacts on the
environment; and
WHEREAS, in order to construct the improvements contemplated by improvement Project
No. 99-11, the City requires permanent and temporary easements over portions of certain real estate
located along the Mississippi River; and
WHEREAS, the City Council finds is necessary, proper and expedient and in the interests of
the public health, safety, convenience and general welfare of the citizens of the City of Brooklyn
Center for the City to acquire said easements over the affected properties; and
RESOLUTION NO. 2002-189
WHEREAS, the City Council finds that the construction schedule for Project No. 99-11
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 Min. Stat. Sec. 117-042 (2002), 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 appraisal reports setting forth the damages that will result
to each property from the acquisition of the necessary easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that
1. The City Engineer and City Assessor are hereby authorized to review the appraisal
reports for each of the affected properties and to approve the appraised values to be
offered to the property owners.
2. The City staff and authorized agents of the City are authorized and directed to
negotiate with the affected property owners for the purchase of the required
easements, provided that any proposed purchase agreement must be submitted for
approval to the City Council.
3. If negotiations are not successful, the City staff and City Attorney are hereby
authorized and directed to commence condemnation proceedings for Brooklyn Center
Project No. 99-11 in accordance with Minn. Stat. Sec. 117-042 to acquire the
permanent and temporary easements necessary for the project.
4. The easements to be acquired are legally described on the attached Exhibit A.
December 9, 2002--o
ate ✓j1 Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ed Nelson
and upon vote being taken thereon, the following voted in favor thereof.
Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2002-189
EXHIBIT A
Lot 1: 6620 Willow Lane North, Brooklyn Center, Minnesota.
Descrivtion of Subject Property:
Lot 1, Block 2, OLSONS ISLAND VIEW TERRACE, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 1,
Block 2, OLSONS ISLAND VIEW TERRACE, Hennepin County, Minnesota,
according to the recorded plat thereof, which lies easterly of a line I0.00.feet easterly
of and parallel with a line that connects a point on the south line of said Lot 1, a
distance of 137.12 feet east of the southwest corner thereof, to a point on the north
line of said Lot 1, a distance of 141.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 1, Block 2, OLSONS ISLAND VIEW TERRACE, Hennepin County, Minnesota,
according to the recorded plat thereof, which lies westerly of a line that connects a
point on the south line of said Lot 1, a distance of 137.12 feet east of the southwest
comer thereof, said point to be hereinafter referred to as "Point A", to a point on the
north line of said Lot 1, a distance of 141.00 feet east of the northwest corner thereof,
and which lies easterly of a line that connects the aforementioned "Point A" to a
point on the north line of said Lot 1, a distance of 115.00 feet east of the northwest
corner thereof.
Except:
That part of the aforementioned parcel that lies within the northerly 10.00 feet of the
easterly 162.00 feet of the westerly 485.00 feet of Lot 14, AUDITOR'S
SUBDIVISION NO. 310, Hennepin County, Minnesota, according. to the recorded
plat thereof.
A-1
RESOLUTION NO. 2002-189
Lot 6: 6720 Willow Lane North, Brooklyn Center, Minnesota.
Description of Subject Property:
That part of the S 1/2 of Lot 6, AUDITOR'S SUBDIVISION NO. 310, Hennepin
County, Minnesota, according to the recorded plat thereof, lying easterly of Willow
Lane.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of the
South Half of Lot 6, AUDITOR'S SUBDIVISION NO. 310, Hennepin County,
Minnesota, lying easterly of Willow Lane, according to the recorded plat thereof,
which lies easterly of a line 10.00 feet easterly of and parallel with a line described as
follows:
Commencing at the southwest corner of said Lot 6; thence easterly,
along the south line of said Lot 6, a distance of 423.58 to the point of
beginning of the line to be described; thence northerly, deflecting to
the left 90 degrees 00 minutes 00 seconds, a distance of 90.00 feet
and said line there terminating.
Except:
That part of the aforementioned parcel that lies within the southerly 10.00
feet of the easterly 153.00 feet of the westerly 443.00 feet of said Lot 6.
A temporary easement for construction purposes over, under and across that part of
the South Half of Lot 6, AUDITOR'S SUBDIVISION NO.310, Hennepin County,
Minnesota, lying easterly of Willow Lane according to the recorded plat thereof,
being a 10.00 foot wide strip of land, the westerly line of which is described as
commencing at the southwest corner of said Lot 6; thence easterly, along the south
line of said Lot 6, a distance of 423.5 8 feet to the point of beginning of the line to be
described; thence northerly, deflecting to the left 90 degrees 00 minutes 00 seconds, a
distance of 90.00 feet and said line there terminating.
Except:
That part of the aforementioned parcel that lies within the southerly 10.00 feet of the
easterly 153.00 feet of the westerly 443.00 feet of said Lot 6.
A-2
RESOLUTION NO. 2002-189
Lot 7: 6712 West River Road, Brooklyn Center, Minnesota.
Descrintion of Subject Property
Lot 7, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 7,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 7, a distance of
424.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 7, a distance of 432.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 7, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, being a 10.00 foot wide strip of land, the
easterly line of which is described as being a line 10.00 feet westerly of and parallel
with a line that connects a point on the south line of said Lot 7, a distance of 424.00
feet east of the southwest corner thereof, to a point on the north line of said Lot 7, a
distance of 432.00 feet east of the northwest corner thereof.
Together with:
A temporary easement for construction purposes over, under and across that part of
said Lot 7, being a 30.00 foot wide strip of land, which lies westerly of the westerly
line of the aforementioned strip, and which the northerly and northeasterly line and
its southeasterly extension is described as beginning at a point on the north line of
said Lot 7, a distance of 245.00 feet east of the northwest corner thereof; thence
easterly, along said north line, a distance of 115.00 feet; thence southeasterly,
deflecting to the right, 33 degrees 00 minutes 00 seconds, a distance of 63.00 feet and
said line there terminating.
Except:
Those parts of the aforementioned strips being within that part of the north 10.00 feet
of the easterly 160.00 feet of the westerly 432.00 feet of said Lot 7.
A-3
RESOLUTION NO. 2002-189
Lot 8: 6704 West River Road, Brooklyn Center, Minnesota.
Description of Subject Property:
Lot 8, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 8,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 8, a distance of
420.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 8, a distance of 424.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 8, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, being a 10.00 foot wide strip of land, the
easterly line of which is described as being a line 10.00 feet westerly of and parallel
with a line that connects a point on the south line of said Lot 8, a distance of 420.00
feet east of the southwest corner thereof, to a point on the north line of said Lot 8, a
distance of 424.00 feet east of the northwest corner thereof.
A-4
RESOLUTION NO. 2002-189
Lot 9: 6700 'Vest River Road, Brooklyn Center, Minnesota.
Description of Subject Property:
Lot 9, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 9,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 9, a distance of
433.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 9, a distance of 420.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 9, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, being a 10.00 foot wide strip of land, the
easterly line of which is described as being a line 10.00 feet westerly of and parallel
with a line that connects a point on the south line of said Lot 9, a distance of 433.00
feet east of the southwest corner thereof, to a point on the north line of said Lot 9, a
distance of 420.00 feet east of the northwest corner thereof.
A-5
RESOLUTION NO. 2002-189
Lot 10: 6654 West River Road, Brooklyn Center, Minnesota.
Description of Subject Proverty:
Lot 10, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 10,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 10, a distance of
447.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 10, a distance of 433.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 10, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, which lies westerly of a line 10.00 feet
westerly of and parallel with a line that connects a point on the south line of said Lot
10, a distance of 447.00 feet east of the southwest corner thereof, to a point on the
north line of said Lot 10, a distance of 433.00 feet east of the northwest corner
thereof, and which lies easterly of a line that connects a point on the south line of said
Lot 10, a distance of 417.00 feet east of the southwest corner thereof, to a point on
the north line of said Lot 10, a distance of 413.00 feet east of the northwest corner
thereof.
A-6
RESOLUTION NO. 2002-189
Lot 11: 6648 West River Road, Brooklyn Center, Minnesota
Description of Subject Property:
Lot 11, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 11,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 11, a distance of
451.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 11, a distance of 447.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 11, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, being a 20.00 foot wide strip of land, the
easterly line of which is described as being a line 10.00 feet westerly of and parallel
with a line that connects a point on the south line of said Lot 11, a distance of 451.00
feet east of the southwest corner thereof, to a point on the north line of said Lot 11, a
distance of 447.00 feet east of the northwest corner thereof.
A-7
RESOLUTION NO. 2002-189
Lot 12: 6640 West River Road, Brooklyn Center, Minnesota.
Descrintion of Subiect Property:
Lot 12, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof.
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 12,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 12, a distance of
459.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 12, a distance of 451.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 12, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, being a 20.00 foot wide strip of land, the
easterly line of which is described as being a line 10.00 feet westerly of and parallel
with a line that connects a point on the south line of said Lot 12, a distance of 459.00
feet east of the southwest corner thereof, to a point on the north line of said Lot 12, a
distance of 451.00 feet east of the northwest corner thereof.
A-8
RESOLUTION NO. 2002-189
Lot 13: 6632 West River Road, Brooklyn Center, Minnesota.
Descriution of Subiect Property:
Lot 13, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof..
Easements to be acquired:
A permanent easement for slope purposes over, under and across that part of Lot 13,
AUDITOR'S SUBDIVISION NO.310, Hennepin County, Minnesota, according to
the recorded plat thereof, which lies easterly of a line 10.00 feet easterly of and
parallel with a line that connects a point on the south line of said Lot 13, a distance of
475.00 feet east of the southwest corner thereof, to a point on the north line of said
Lot 13, a distance of 459.00 feet east of the northwest corner thereof.
A temporary easement for construction purposes over, under and across that part of
Lot 13, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota,
according to the recorded plat thereof, being a 20.00 foot wide strip of land, the
easterly line of which is described as being a line 10.00 feet westerly of and parallel
with aline that connects a point on the south line of said Lot 13, a distance of 475.00
feet east of the southwest corner thereof, to a point on the north line of said Lot 13, a
distance of 459.00 feet east of the northwest corner thereof.
Together with:
A temporary easement for construction purposes over, under and across that part of
said Lot 13, being a 30.00 foot wide strip of land, which lies westerly of the westerly
line of the aforementioned strip and which the northwesterly and northerly line and
-its easterly extension is described as commencing at the southwest corner of said Lot
13; thence easterly, along the south line of said Lot 13, a distance of 305.00 feet to
the point of beginning of the line to be described; thence northeasterly, deflecting to
the left, 57 degrees 30 minutes 00 seconds, a distance of 43.00 feet; thence easterly,
deflecting to the right, 50 degrees 30 minutes 00 seconds, a distance of 110.00 feet
and said line there terminating.
Except:
Those parts of the aforementioned strips being within that part of the southerly 10.00
feet of the easterly 162.00 feet of the westerly 475.00 feet of said Lot 13.
A-9