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HomeMy WebLinkAbout1998-148RESOLUTION NO. 148 A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the City Council has determined that the City of Stillwater should establish anew park west of Neal Avenue, South of McKusick Road and North of the Minnesota Zephyr Railroad tracks and in furtherance of that purpose has acquired through negotiations with owners and based on appraisals obtained by the City two (2) parcels in furtherance of these purpose; and, WHEREAS, previous negotiations with the owners of two (2) additional parcels have not lead to a voluntary purchase and in furtherance of the park plan it is necessary for the City to obtain the remaining two (2) parcels. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: Acquisition by the City of the following described property is necessary for City park purposes: Parcel 1. The Larson Parcel. The west 263.33 feet of the east 313.33 feet of all that part of the west one-half (%) of the southeast quarter of Section 19, Township 30N, Range 20W, Washington County, Minnesota, lying north of a northerly right-of--way line of the Northern Pacific Railroad (now Minnesota Transportation Museum Railroad) containing 3.3 acres, more or less, subject to the right-of--way of McKusick Road north, subject to and together with an easement for driveway purposes over, under and across a strip of land 40 feet in width, the center line of which is described as follows: Beginning at the northwest corner of the above described parcel; thence southerly along the westerly line thereof 50 feet to the end of the center line being described and further subject to a permanent construction easement to store construction materials and debris removed in connection with the County Road 64 project and to remove sand, gravel, rock, soil, clay or other materials for the County Road 64 project and a permanent easement to create and maintain wetlands and wetland habitats; and Parcel 2. The Huntsman Parcel. All that part of the northeast quarter of the southwest quarter of Section 19, Township 30N, Range 20W, Washington County, Minnesota, lying north of the northerly right-of--way of the Northern Pacific .Railroad (now Minnesota Transportation Museum Railroad), excepting the west 457.4 feet thereof, and all that part of the west one-half ('/2) of the southeast quarter of Section 19, lying west of the east 313.33 feet and lying northerly of the northerly right-of--way line of the Northern Pacific Railroad (now Minnesota Transportation Museum Railroad) subject to easements of record. 2. The City Attorney is authorized and directed on behalf of the City to acquire the real estate above described by the exercise of the power of Eminent Domain pursuant to Minnesota Statutes Chapter 117. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this Resolution. Adopted by the City Council of the City of Stillwater this 16`" day of June, 1998. CITY OF STILLWATER M ay i le ayor ATTEST: ~l~L~,z Morli \ eldon, Clerk 2