Res 68 - 130 Requesting Surface Rights Over Certain Off-Take DitchW 1
RESOLUTION No. 130
RESOLUTION""BY VILLAGE OF MENWTA HEIGHTS
REQUESTING SURFACE RIGHTS OVER CERTAIN
OFF -TAKE DITCH. -1A ISd'
WHEREAS, the State of Minnesota is the fee owner of -all that 41
part of the following described tracts located in -the County of Dakota,
State of Minnesota:
1. That part of the'southwest quarter of the northeast
quarter (SWk NFA) of Section 23, Township 28 North,
Range 23 West, lying Southeasterly of Highway No. 13;
2. That part of Government Lot 2 of Section 23, Township
28 North, Range 23 West, lying South and Easterly of
Sibley Memorial Highway and Lower Mendota Road except
the East 40 rods of the South 40 rods thereof;
which lies within a distance of 100 feet Northeasterly and 144
feet Southwesterly of the following described line:
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Beginning at a point on the North and South quarter line
of said Section 23," distant 1391.2 feet North of the
center of said Section; thence run Southeasterly at an
angle of 34030' with said North and South quarter line
for 406'.07 feet; thence deflect to the right on a 1°29'29"
curve (delta angle 502212311) for 360.26 feet; -thence on *
tangent to said curve for 999.73 feet and there terminating;
together with all that part of the two above described tracts,
which lies northeasterly of the above described strip and -South-
westerly and Westerly of a line run p4rallel with and distant*
100 feet northeasterly and easterly of the following described
line: From a point on the above described line, distant 227.27
feet SoutheasterlZ of its point of beginning, run Northeasterly
at an angle of 60 16' with said above described line (when
measured from Northwest to Northeast) for 228.47 feet to the
point of beginning of the line to be described: thence deflect
to the right at an angle of -900 for 313.78 feet; thence deflect
to the right on a curve having a radius of 184 feet (delta .
angle 7801615311) for 251.39 feet: thence on tangent to said
curve for 145.27 feet- thence deflect to the left on an 8°30'
curve (delta angle 39L;4011) for 463.07 feet and there terminating;
also together with all
I that*paxt,of,the first above described
tract, which lies Northaasterly of the two above described
strips and Southwesterly of the following desbledline:
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From a point on the last above described line, distant 463.07_
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feet Northerly of its point of termination, run Easterly at right
angles to said last above described line for 100 feet to the
point of beginning of the line to be described; thence run
Southeasterly to a point distant 100 feet Northeasterly (when
measured at right angles) from a point on the first above des -
-.-cribed line. distant 200 feet Northwesterly of its. point of
termination and there terminating,,
also together with all that part of the first above
described tract, which lies Southwesterly of the first
above described strip and Northeasterly'of a line run
parallel with and distant 70 feet Southwesterly of the
following described line; From a point on the first
above described Eine, distant 227.27 „feetSoutheasterly
of its point of beginning, run Southwesterly at an angle
of 60016' with said first above described line (when
measured from Southeast to Southwest) for 333.79 feet
to the point of beginning of the line to be described;
thence deflect to the left at an angle of 89032' for
96.8 feet; thence deflect to the right on a 6000' curve
(delta angle 3001213811) for 503.51 feet; thence on
tangent to said curve for 197.42 feet and there terminating;
also together with all that part of the first above
described tract, which lies Southwesterly of the first
and last above described strips and Northeasterly of the
following described line: From a point on the last above
described line, distant 96.8 feet Southeasterly of its
point of beginning, run Southwesterly at right arigXes
to the last above described line for 70 feet to the point.
gfl-beginning of the line to be described; thence run
Southeasterly to a point distant 200 feet Southwesterly
(measured at right angles) from the point of termination
of the last above described line; thence run easterly to
a point distant 144 feet Southwesterly (measured at right
angles) from a point on the first above described line,
distant 500 feet Northwesterly of its point of termination
and there terminating;
also together with all that part of the second above described
tract which lies Northeasterly of a line run parallel with
and distant 75 feet Southwesterly of the first following
described line and Southwesterly of a line run parallel
with and distant 80 feet Northeasterly of the second following
described line:
Line 1. From a point on the first above described line,
distant 227.27 feet Southeasterly of its point
of beginning, run Northeasterly at an angle of
60016' with said first above described line(when
measured from Northwest to Northeast) for 561.05
feet; thence deflect to the right at an angle of
15027'07" for 72.25 feet to the point of beginning
of the line to be described- thence deflect to
the right at an angle of 84 45'49" for 500 feet
and there terminating;
Line 2. From the point of termination of the last above
described line, run Southeasterly along the South-
easterly extension of the last above described
line for 159.94 feet to the point of beginning
of the line to be described; thence deflect to the
left at an angle of 140013'44" for 414.7 feet; thence
deflect to the left on a 7430' curve (delta angle —
34000') for 453.33 feet and there terminating;
containing 16.69 acres, more or less, in addition to the
existing highway;
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together with all right of access, being the right of
ingress to and egress from that portion of the two above
described tracts,not acquired herein, to Trunk Highway
No. 35E, except that the abutting owner shall retain the
right of access by way of Victoria Road running in a
Northerly and Southerly direction along the North and South
quarter line of said Section 23 and by way of the last
above described strip;
also together with the foItowing described strip to be used for
off -take ditch purposes:
A strip 50 feet in width adjoining and Easterly of the second
above described strip: Beginning opposite a point on the
second above described line, distant 591.86 feet Northerly
of its point of termination and extending Northerly for 65
feet (both distances being measured along said second above
described line) ;
containing 0.10 acre, more or less.
AND,
WHEREAS, the Village of Mendota Heights has a need for a roadway over
the off -take ditch on the subject property, and
WHEREAS, the surface rights over said off -take ditch now rest in the
State of Minnesota,
NOW THEREFORE, the Village Council of the Village of Mendota Heights
requests of the State of Minnesota that the State of Minnesota grant onto the
Village of Mendota Heights surface rights over the said off -take ditch for
purposes of implacing the proposed roadway and further that the State of
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Minnesota reserve onto itself the sub -surface of the said off -take ditch
including the drainage pipe contained therein.
Approved by Mendota Heights Village Council this day of
19
Donald Huber, Mayor
Clerk ""