Res 1993 - 77 Directing the Acquisition by Condemnation of Certain Permanent Drainage & Temporary Construction Easements in MHCity of 1��Ienclofi� �eigiifs
I)akota Cmunty, li�dinnesota
RESOLUTION NO. 93- 77
A RESOLUTION DIRECTING THE ACQUISITION BY CONDII�RNATION
OF CERTAIN PE�MdANENT DRAINt�GE AND TIIVIPORARY CON5TRUCTION
EASIIV�TTS IN��E CIT� OF MENDOTA HEIGHTS9
DAKOTA CO�Y, lO�VNESOTA
WHEREAS, the City Council has previously adopted Resolut�on No. 93-43 "Resolution
Directing the Acquisition by Condemnation of Certai.n Permanent Drdi.nage and Temporary
Construction Easements in the City of Mendota Heights, Dakota County, 1VIN" on August 3,
1993; and
WH�REAS, the City Council now deems it necessary to revise said resolution as
follows:
WHEREAS, the City Counc�l of the City of Mendota Heights is the officaal governing
body of the City of 1Vlendota �Ieights; and
�VHEREAS, on a motion of Councilmember Krebsbach
9
seconded by Councilmember smith , the following resolution was adopted
by the affumative vote of ^f ive members of the Council:
WHEREAS, the City of Mendota Heights, County of Dakota, State of Minnesota., has
the right to exercise the procedure of eminent domain in order to acquire property needed for
public use or purpose pursuant the 1Vlinnesota Constitution and the I,aws of the State of
Minnesota and acted thereunder; and
V6�HEREAS, the City Counc�l oi the City of Mendota Heights fmds that it is necessary
as well as desirable to acquire the %llowing described easements for the stated public purposes:
A permanent easement for drainage purposes including the right of ingress and egress
for the City and its agents, servant and contractors to enter upon the Easement Property at all
reasonable times to construct, reconstruct, inspect, repair and maintain the City's municipal
drainage system, over, under and across the following described property:
That part of Lot 5, Block 1, Ivy Falls 2nd Addition according to the recorded plat
thereof lying northerly of a line except that portion taken by the 20 foot drainage
easement, described as follows:
Commencing at the northeast property comer of said Lot 5; thence South 45 degrees 42
minutes West a distance of 8.68 feet; thence South 85 degrees 41 minutes West a
distance of 70 feet to the beginning of the line to be described; thence North 74 degrees
3 minutes W a distance of 34 feet; thence South 65 degrees 30 mi.nutes West a distance
of 28 feet; thence South 27 degrees 21 minutes West a distance of 25 feet; thence South
69 degrees 27 minutes West a distance of 42 feet, more or less, to a point on the North
line of said I.ot 5 and there terminatinge S�d easement is located in Sect�on 13,
Townslup 28 1Vorth, Range 23 West, Dakota County, 1Vd'uuiesoYa.
A temporary easement valid for a period of one year froffi the date and year the easement
is signed, including the right of ingress and egress for the City and its agents, servants and
contractors to enter upon the Easement Property at all reasonable tunes to construct, reconstruct,
inspect, repair and maintain the City's municipal drainage system, over, under and across the
following described property:
That part of Lot 5, Block 1, Ivy Falls 2nd Addition, according to the recorded plat
thereof, lying northerly of a line described as follows:
Commencing at the northeast corner of said lot; thence southerly along the east line of
said lot a distance of 35 feet to the beginning of the line to be described; South 85
degrees 41 minutes BVest a distance of 110 feet; thence North 40 degrees 0 minutes West
a distance of 30 %et, thence South 24 degrees 0 minutes West a distance of 63 feet,
thence South 70 degrees 0 mi.nutes West a distance of 140 feet, thence southwesterly a
distance of 86 feet, more or less, to a point on the southwest line of said lot located 40
feet southeasterly of the most westerly corner of said lot and there terminating. Said
easement located in Section 13, Township 28 Nortfi, Range 23 West, Aakota County,
Minnesota.
NOW �ItEFORE, BE IT R�SOL�D BY � CI'1'�� CO�JJNCIL OF � CI'I'x
OF MENDOTA HEIGHTS InT REG�AR MEETI�TG ASSEIi�I.ED that those easements
described above be acquired for the stated public purposes through exercises of the City of
Mendota Heights' powers of eminent domain.
Adopted by the Mendota Iieights City Council this 7th day of I�ecember, 1993.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By: l`�-.�-� � �i�'�-�•�O-�s
Chazles E. Mertensotto, Mayor
ATTEST:
K thleen M. Swanson, City Clerk