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HomeMy WebLinkAbout2018-023 CCRMember Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-23 RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVAL OF APPRAISED VALUES OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE I, PROJECT NO. 2018-05 WHEREAS, the City Council has authorized the project titled Brooklyn Boulevard Corridor Project Phase I (the "Project"); and WHEREAS, the Project area includes a 1.4 -mile segment of Brooklyn Boulevard (County Road 152) between 49t" Avenue and Bass Lake Road (County Road 10); and WHEREAS, the Project scope includes reconstruction and streetscape improvements that will improve roadway and intersection safety, enhance traffic operations and provide improved bicycle and pedestrian facilities. The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks and transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes; and WHEREAS, the Project is scheduled to be constructed in 2018; and WHEREAS, the City Council finds that it is necessary to acquire certain permanent easements and temporary construction easements (collectively, the "Easements"), legally described in Exhibit A attached hereto, in order to install and maintain the Project; and WHEREAS, the City has engaged a qualified independent consultant to provide an opinion of damages caused by the Easement acquisitions from each impacted property; and WHEREAS, the City has made offers of compensation to the landowners for the Easements consistent with the independent opinions of damages; and WHEREAS, the City's consultant has been diligently working with the landowners of the impacted properties to reach agreements to voluntarily convey the Easements; and WHEREAS, despite these efforts, signatures on conveyance documents from owners and/or lenders for the following parcels are still needed to ensure the City's rights to the Easements: ® Parcel 1 (4903 Brooklyn Blvd) - Jose M. and Eleazar Pliego ® Parcel 2 (4911 Brooklyn Blvd) - Eugene Bryskin ® Parcel 3 (4925 Brooklyn Blvd) - Marjorie Van Slyke ® Parcel 5 (4933 Brooklyn Blvd) - Paris M. and Tiffany Dunn ® Parcel 6 (4937 Brooklyn Blvd) - Jacqueline L. Ward RESOLUTION NO. 2018-23 ® Parcel 8 (5001 Brooklyn Blvd) - Carolyn A. Winston ® Parcel 9 (5009 Brooklyn Blvd) - Shirley L. Anderson ® Parcel 10 (5017 Brooklyn Blvd) - Delores Riley ® Parcel 11 (5025 Brooklyn Blvd) - Willard D. MacDonald ® Parcel 12 (5031 Brooklyn Blvd) - Amy N. Kelvie ® Parcel 16 (5105 Brooklyn Blvd) - CS Property NMA, LLC, • Parcel 20 (5727 Brooklyn Blvd) - Robert Lee Fern ® Parcel 22 (4938 Brooklyn Blvd) - Twin Lake Alano Society ® Parcel 26 (5050 Brooklyn Blvd) - Olive L. Long ® Parcel 33 (3300 County Road 10) - FTK Properties Inc. ® Parcel 34 (5842 Brooklyn Blvd) - Alicia M. Vasquez ® Parcel 36 (5425 Xerxes Avenue) - Brooklyn 55 LLC ® Parcel 37 (5430 Brooklyn Blvd) - Brooklyn 77 LLC; and 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 by eminent domain title to and possession of the Easements in furtherance of the Project; and WHEREAS, the City Council finds that the construction schedule for the Project makes it necessary to acquire title to and possession of the Easements prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City Council finds that appraisers opinions of damages caused by the acquisition of the Easements, as indicated below, reflect fair market value: Parcell $24,400 Parcel 2 $13,400 Parcel $18,500 Parcel $22,000 Parcel 6 $18,700 Parcel 8 $19,200 Parcel $22,200 Parcel 10 $19,900 Parcel 11 $22,100 Parcel 12 $23,200 Parcel 16 $12,200 Parcel 20 $15,200 Parcel 22 $15,500 Parcel 26 $8,800 Parcel 33 $9,200 Parcel 34 $6,300 RESOLUTION NO. 2018-23 Parcel 36 $31,700 Parcel 37 $7,300 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The acquisition of the Easements is necessary and for a public purpose in furtherance of the Project; and 2. 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 the Easements 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; and 3. The appraised values for the Easements reflect the fair market values thereof and are hereby approved for the purposes of Minn. Stat. § 117.042. January 8, 2018 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Tim Willson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, MArquita Butler, April Graves, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2018-23 EXHIBIT A Legal descriptions of easements [attached] RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 5, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 5, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 4, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 4, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 3, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 3, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 PARCEL, 5 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 1, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 1, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through the Southwesterly 6.00 feet of the Northeasterly 30.00 feet of the Northwesterly 25.00 feet of said Lot 1. Said temporary easements to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Southwesterly 15.00 feet of the Northeasterly 48.00 feet of the following described property: That part of the South Half of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing on the north line of said South Half of the Southeast Quarter of the Northeast Quarter at a point distant 203.9 feet west of the intersection of said line with the center line of Brooklyn Center Road; thence south at a right angle with the north line of said South Half of the Southeast Quarter of the Northeast Quarter a distance of 133 feet; thence east at right angles a distance of 32.6 feet to the point of beginning of the tract herein described; thence south at a right angle a distance of 100 feet; thence deflecting to the left with and angle of 12 degrees 49 minutes a distance of 35.4 feet; thence deflecting to the left with an angle of 95 degrees 05 minutes a distance of 238.55 feet more or less to the center line of Brooklyn Center Road; thence northwesterly along said center line a distance of 64.3 feet more or less to a point 133 feet south of the north line of said South Half of the Southeast Quarter of the Northeast Quarter measured at right angles with said north line; thence west parallel with said north line a distance of 214.5 feet more or less to the actual point of beginning. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 57.00 feet of the following described property: That part of the South Half of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing on the north line of said South Half of the Southeast Quarter of the Northeast Quarter at a point distant 203.9 feet west of the intersection of said line with the center line of Brooklyn Center Road; thence south at a right angle with the north line of said South Half of the Southeast Quarter of the Northeast Quarter a distance of 133 feet; thence east at right angles a distance of 32.6 feet to the point of beginning of the tract herein described; thence south at a right angle a distance of 100 feet; thence deflecting to the left with and angle of 12 degrees 49 minutes a distance of 35.4 feet; thence deflecting to the left with an angle of 95 degrees 05 minutes a distance of 238.55 feet more or less to the center line of Brooklyn Center Road; thence northwesterly along said center line a distance of 64.3 feet more or less to a point 133 feet south of the north line of said South Half of the Southeast Quarter of the Northeast Quarter measured at right angles with said north line; thence west parallel with said north line a distance of 214.5 feet more or less to the actual point of beginning. Together with a temporary easement for construction purposes over, under, across and through the Southwesterly 6.00 feet of the Northeasterly 63.00 feet of the Southeasterly 10.00 feet of said described property. RESOLUTION NO. 2018-23 Said temporary easements to expire September 30, 2019. RESOLUTION NO. 2018-23 • A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 4, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the southwesterly 10.00 feet of the Northeasterly 25.00 feet of Lot 4, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 PARCEL 9 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 3, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 10.00 feet of the Northeasterly 25.00 feet of Lot 3, Block 1, WICHTERMAN' S FIRST ADDITION, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 PARCEL. 10 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 2, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 10.00 feet of the Northeasterly 25.00 feet of Lot 2, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through that part of said Lot 2 described as commencing at the intersection of the south line of said Lot 2 with a line run parallel with and distant 25.00 feet southwesterly of the northeasterly line of said Lot 2; thence northwesterly along said parallel line a distance of 20.50 feet to the point of beginning of said temporary easement; thence continuing northwesterly along said parallel line a distance of 30.00 feet; thence southerly at a right angle to the south line of said Lot 2 a distance of 28.00 feet; thence southeasterly to the point of beginning. Said temporary easements to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 14.00 feet of the Northeasterly 29.00 feet of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of the following described property: All that part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point 261.46 feet East and 107.28 feet South of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East a distance of 390.8 feet; thence South 42.72 feet; thence East160.88 feet; thence South at right angles to the last described line for a distance of 75 feet to the actual point of beginning of the tract to be described; thence East at right angles to the last described line for a distance of 160.53 feet, more or less, to the southwesterly right of way line of Trunk Highway No. 152; thence southeasterly along said southwesterly right of way line a distance of 110.31 feet, more or less, to the northeast corner of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota; thence West along the north line of said Lot 1 to the northwest corner of said Lot 1; thence northwesterly to the actual point of beginning. A temporary easement for construction purposes over, under, across and through the Southwesterly 8.00 feet of the Northeasterly 23.00 feet of the following described property: All that part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point 261.46 feet East and 107.28 feet South of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East a distance of 390.8 feet; thence South 42.72 feet; thence Eastl60.88 feet; thence South at right angles to the last described line for a distance of 75 feet to the actual point of beginning of the tract to be described; thence East at right angles to the last described line for a distance of 160.53 feet, more or less, to the southwesterly right of way line of Trunk Highway No. 152; thence southeasterly along said southwesterly right of way line a distance of 110.31 feet, more or less, to the northeast corner of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota; thence West along the north line of said Lot 1 to the northwest corner of said Lot 1; thence northwesterly to the actual point of beginning. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 A temporary easement for construction purposes over, under, across and through the East 27.00 feet of the West 41.00 feet of the North 24.50 feet of the following described property: That part of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at the northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 10; thence South 518 feet; thence East to the southwesterly line of State Highway No. 152; thence Southeasterly 600 feet along the southwesterly line of State Highway No. 152 as said southwesterly line was located immediately before the deed recorded in the office of the Register of Deeds of said Hennepin County in Book 2385 Deeds, Page 210, to the point of beginning of the land to be described; thence West 200 feet; thence Northwesterly 150 feet parallel with the southwesterly line of Highway No. 152 as above defined; thence West to the Southeasterly line of State Highway No. 100; thence Southwesterly along said southeasterly line of said State Highway No. 100 to the south line of the Northeast Quarter of the Northeast Quarter of said Section 10; thence East to the southwesterly line of Highway No. 152 as above defined; thence northwesterly along said southwesterly line of Highway No. 152 to the point of beginning; except that part above described tract deeded to the Village of Brooklyn Center by deed recorded in Book 2075 Deeds, Page 105 and also except that part of the above described tract deeded to the State of Minnesota by the deed in Book 2385 Deeds, Page 210. Together with a temporary easement for construction purposes over, under, across and through the East 14.00 feet of the West 28.00 feet of the South 132.00 feet of the North 156.50 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the East 9.00 feet of the West 23.00 feet of the South 174.00 feet of the North 330.50 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the East 13.00 feet of the West 27.00 feet of the South 45.50 feet of the North 376.00 feet of said described property. Said temporary easements to expire September 30, 2019. RESOLUTION NO. 2018-23 PARCEL 20 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through that part of the following property: That part of Lot 27, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota described as beginning at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence northerly along the east line of said Lot 27 a distance of 55.82 feet; thence westerly to a point on the easterly line of Tract A, REGISTERED LAND SURVEY NO. 534, Hennepin County, Minnesota distant 63.75 feet northerly of the southeasterly corner of said Tract A; thence southerly, easterly and southerly along the easterly boundary of said REGISTERED LAND SURVEY NO. 534 to the intersection with the north line of the South 90.00 feet of said Lot 27; thence easterly along said north line a distance of 140.56 feet, more or less, to the point of beginning. Said perpetual easement being that part of said described property lying northerly of a line described as commencing at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence North 05 degrees 00 minutes 08 seconds West, assumed bearing, along the east line of said Lot 27 a distance of 55.17 feet to the point of beginning of said described line; thence North 87 degrees 28 minutes 14 seconds West a distance of 31.16 feet; thence westerly 53.83 feet along a tangential curve concave to the north having a radius of 538.00 feet and a central angle of 05 degrees 43 minutes 57 seconds; thence northwesterly 43.71 feet along a non-tangential curve concave to the northeast having a radius of 526.08 feet and a central angle of 04 degrees 45 minutes 37 seconds West, the chord of said curve bears North 73 degrees 53 minutes 58 seconds; thence North 71 degrees 31 minutes 10 seconds West, tangent to said curve, a distance of 13.59 feet; thence North 60 degrees 36 minutes 15 seconds West a distance of 11.05 feet to the northerly line of said described property and there terminating. A 15.00 foot temporary easement for construction purposes over, under, across and through the following described property: That part of Lot 27, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, RESOLUTION NO. 2018-23 Minnesota described as beginning at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence northerly along the east line of said Lot 27 a distance of 55.82 feet; thence westerly to a point on the easterly line of Tract A, REGISTERED LAND SURVEY NO. 534, Hennepin County, Minnesota distant 63.75 feet northerly of the southeasterly corner of said Tract A; thence southerly, easterly and southerly along the easterly boundary of said REGISTERED LAND SURVEY NO. 534 to the intersection with the north line of the South 90.00 feet of said Lot 27; thence easterly along said north line a distance of 140.56 feet, more or less, to the point of beginning. Said 15.00 foot temporary easement being that part of said described property lying southerly of and adjacent to the following described line and its prolongations. Said line is described as commencing at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence North 05 degrees 00 minutes 08 seconds West, assumed bearing, along the east line of said Lot 27 a distance of 55.17 feet to the point of beginning of said described line; thence North 87 degrees 28 minutes 14 seconds West a distance of 31.16 feet; thence westerly 53.83 feet along a tangential curve concave to the north having a radius of 538.00 feet and a central angle of 05 degrees 43 minutes 57 seconds; thence northwesterly 43.71 feet along a non-tangential curve concave to the northeast having a radius of 526.08 feet and a central angle of 04 degrees 45 minutes 37 seconds, the chord of said curve bears North 73 degrees 53 minutes 58 seconds West; thence North 71 degrees 31 minutes 10 seconds West, tangent to said curve, a distance of 13.59 feet; thence North 60 degrees 36 minutes 15 seconds West a distance of 11.05 feet to the northerly line of said described property and there terminating. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through that part of Lot 1, Block 1, TWIN LAKE ALANO ADDITION, Hennepin County, Minnesota lying westerly of a line described as beginning at the intersection of the north line of said Lot 1 with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot l; thence southeasterly along said parallel line a distance of 93.40 feet; thence southeasterly deflecting to the left 05 degrees 49 minutes 12 seconds to the intersection with a line run parallel with and distant 13.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 189.25 feet; thence southerly deflecting to the right 05 degrees 36 minutes 00 seconds to the intersection with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line to the south line of said Lot 1 and there terminating. A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 1, TWIN LAKE ALANO ADDITION, Hennepin County, Minnesota described as beginning at the intersection of the north line of said Lot 1 with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 93.40 feet; thence southeasterly deflecting to the left 05 degrees 49 minutes 12 seconds to the intersection with a line run parallel with and distant 13.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 189.25 feet; thence southerly deflecting to the right 05 degrees 36 minutes 00 seconds to the intersection with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line to the south line of said Lot 1; thence easterly along said south line to the southeast corner of said Lot 1; thence northerly along the east line of said Lot 1 to the intersection with a line run parallel with and distant 19.00 feet easterly from the west line of said Lot 1; thence northwesterly along said parallel line a distance of 56.70 feet; thence northeasterly deflecting to the right 90 degrees 00 minutes 00 seconds to the east line of said Lot 1; thence northerly along said east line a distance of 10.35 feet; thence northwesterly parallel with the west line of said Lot 1 a distance of 51.65 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds to the intersection with a line run parallel with and distant 18.00 feet easterly from the west line of said Lot 1; thence northwesterly along said parallel line a distance of 132.85 feet; thence northerly deflecting to the right 05 degrees 36 minutes 00 seconds to the intersection with a line run parallel with and distant 22.00 feet easterly from the west line of said Lot 1; thence northwesterly along said parallel line to the north line of said Lot 1; thence westerly along said north line to the point of beginning. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 PARCEL, 26 A perpetual easement for roadway and utility purposes over, under, across and through part of the following property: Tract E, REGISTERED LAND SURVEY NO. 492, Hennepin County, Minnesota except that part thereof which lies northwesterly of a line run from a point on the west line of said Tract E distant 5.00 feet south of the northwest corner thereof to a point on the north line of said Tract E distant 5.00 feet east of said northwest corner. Said perpetual easement being that part of said described property described as commencing at the northeast corner of said Tract E; thence North 89 degrees 35 minutes 26 seconds West, assumed bearing, along the north line of said Tract E a distance of 52.45 feet to the point of beginning of said perpetual easement; thence South 88 degrees 30 minutes 00 seconds West a distance of 72.92 feet; thence southwesterly 47.35 feet along a tangential curve concave to the south having a radius of 190.00 feet and a central angle of 14 degrees 16 minutes 39 seconds; thence South 16 degrees 38 minutes 41 seconds East, not tangent to said curve, a distance of 128.42 feet to the south line of said Tract E; thence westerly along the south line of said Tract E a distance of 4.15 feet to the southwest corner of said Tract E; thence northwesterly along the westerly line of said Tract E to a point distant 5.00 feet southerly from the northwest corner of said Tract E; thence northeasterly to a point on the northerly line of said Tract E distant 5.00 feet easterly from said northwest corner; thence South 89 degrees 35 minutes 26 seconds East, along said northerly line, a distance of 132.50 feet to the point of beginning. A temporary easement for construction purposes over, under, across and through part of the following property: Tract E, REGISTERED LAND SURVEY NO. 492, Hennepin County, Minnesota except that part thereof which lies northwesterly of a line run from a point on the west line of said Tract E distant 5.00 feet south of the northwest corner thereof to a point on the north line of said Tract E distant 5.00 feet east of said northwest corner. Said temporary easement being that part of said described property described as beginning at the northeast corner of said Tract E; thence North 89 degrees 35 minutes 26 seconds West, assumed bearing, along the north line of said Tract E a distance of 52.45 feet; thence South 88 degrees 30 minutes 00 seconds West a distance of 72.92 feet; thence southwesterly 47.35 feet along a tangential curve concave to the south having a radius of 190.00 feet and a central angle of 14 degrees 16 minutes 39 seconds; thence South 16 degrees 38 minutes 41 seconds East, not tangent to said curve, a distance of 128.42 feet to the south line of said Tract E; thence easterly along said south line a distance of 8.37 feet thence North 16 degrees 38 minutes 41 seconds West a distance of 121.13 feet; thence North 80 degrees 19 minutes 26 seconds East a distance of 22.00 feet; thence South 00 degrees 36 minutes 26 seconds East a distance of 16.39 feet; thence North 88 degrees 34 minutes 06 seconds East a distance of 35.00 feet; thence North 00 degrees 36 RESOLUTION NO. 2018-23 minutes 26 seconds West a distance of 13.00 feet; thence North 88 degrees 34 minutes 06 seconds East a distance of 38.50 feet; thence South 89 degrees 35 minutes 26 seconds East a distance of 66.51 feet to the east line of said Tract E; thence northerly along said east line a distance of 14.00 feet to the point of beginning. Said temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for roadway and utility purposes over, under, across and through that part of Lot 1, Block 1, BROOKLYN CROSSING 3RD ADDITION, Hennepin County, Minnesota described as beginning at the northwest corner of said Lot 1; thence southerly along the westerly line of said Lot 1 a distance of 38.83 to an angle point in the west line of said Lot 1; thence easterly along the westerly line of said Lot 1 a distance of 18.00 feet to an angle point in the westerly line of said Lot 1; thence northerly parallel with the westerly line of said Lot 1 a distance of 10.00 feet to the intersection with the northerly line of a 10.00 foot drainage and utility easement as dedicated in said BROOKLYN CROSSING 3RD ADDITION; thence northeasterly along said northerly line a distance of 4.00 feet; thence northerly, parallel with the westerly line of said Lot 1 to the north line of said Lot 1; thence westerly along said north line to the point of beginning. A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 1, BROOKLYN CROSSING 3RD ADDITION, Hennepin County, Minnesota lying westerly of a line described as beginning at the intersection of the southwesterly line of said Lot 1 with a line run parallel with and distant 15.00 feet easterly of the westerly line of said Lot 1; thence northerly along said parallel line and its northerly extension to the north line of said Lot 1 and there terminating. Together with a temporary easement for construction purposes over, under, across and through that part of South 20.00 feet of said Lot 1 lying westerly of the East 213.00 feet thereof. Said temporary easements to expire September 30, 2019. RESOLUTION NO. 2018-23 A perpetual easement for roadway and utility purposes over, under, across and through that part of the following described property lying westerly of a curve concave to the east having a radius of 2515.48 feet. Said curve passes through a point on the north line of Lot 5, Block 4, GRIMME'S SECOND ADDITION, Hennepin County, Minnesota distant 148.24 feet westerly from the northeast corner of said Lot 5 and passes through a point on the south line of said Lot 5 distant 133.69 feet westerly from the southeast corner of said Lot 5. Said property is described as Lot 5, Block 4, GRIMME'S SECOND ADDITION, Hennepin County, Minnesota except that part thereof which lies westerly of a line run parallel with and distant 18 feet easterly of a line described as commencing at a point on the north line of Section 3, Township 118, Range 21, Hennepin County, Minnesota distant 1741.08 feet west of the northeast corner thereof; thence southeasterly at an angle of 68 degrees 01 minutes 52.3 seconds with said north section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20 minutes 35.2 seconds for 1271.51 feet; thence deflect to the left at an angle of 90 degrees for 24 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 90 degrees for 19.92 feet; thence deflect to the left on a 3 degree 00 minute curve (delta angle 9 degrees 36 minutes 45 seconds) for 340.42 feet and there terminating and excepting a triangular piece of said Lot adjoining and easterly of the above described strip and northwesterly of a line described as beginning at a point on the easterly boundary of the above described strip distant 30 feet southerly of its intersection with the north line of said Lot 5; thence run northeasterly to a point on the north line of said Lot 5 distant 20 feet easterly of said intersection. A 5.00 foot temporary easement for construction purposes over, under, across and through Lot 5, Block 4, GRIMME'S SECOND ADDITION, Hennepin County, Minnesota. Said temporary easement lies easterly of and adjacent to a curve concave to the east having a radius of 2515.48 feet. Said curve passes through a point on the north line of said Lot 5 distant 148.24 feet westerly from the northeast corner of said Lot 5 and passes through a point on the south line of said Lot 5 distant 133.69 feet westerly from the southeast corner of said Lot 5. Said. temporary easement to expire September 30, 2019. RESOLUTION NO. 2018-23 PARCEL, 36 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the most Westerly 6.00 feet of Lot 1, Block 1, BROOKLYN 55, Hennepin County, Minnesota. RESOLUTION NO. 2018-23 PARCEL 37 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and though the Westerly 3.00 feet of the Southerly 133.00 feet of Lot 2, Block 1, BROOKLYN 55, Hennepin County, Minnesota.