HomeMy WebLinkAbout1998-149A a .
RESOLUTION NO. 149
A RESOLUTION DETERMINING THE NECESSITY FOR
AND AUTHORIZING THE ACQUISITION OF REAL PROPERTY
BY PROCEEDINGS IN EMINENT DOMAIN
WHEREAS, the City Council has heretofore determined that the City of Stillwater should
acquire any existing rights owned by the Stillwater Yacht Club or its subsidiaries in the real
estate known as Mulberry Point within the City in order to have clear title for the construction of
Phase IIS of the Levy Wall Project now being undertaken by the Army Corps of Engineers; and,
WHEREAS, negotiations between the Yacht Club owners and its subsidiaries or
controlled entities has not resulted in a voluntary acquisition by the City of this real estate.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF STILLWATER, MINNESOTA AS FOLLOWS:
1. Acquisition by the City of the following described property is necessary for the
purpose of constructing Phase IIS of the Levy Wall Project:
That portion of the SE1/4NE1/4 and the NE1/4SE1/4 of Section 28, T30N, R20W, 4~'
P.M., Washington County, Minnesota, and that portion of Blocks 18 and 27, Original
Town of Stillwater, Minnesota, all described as follows, to-wit:
Commencing at the intersection of the Westerly produced Northerly right-of--way line of
E. Myrtle Street, according to~ the recorded plat thereof, and the shoreline of Lake St.
Croix, Minnesota; thence Northerly along said shoreline to a point perpendicularly distant
140.0 feet Northerly of the Northerly right-of--way line of said Myrtle Street, being the
True Point of Beginning of the parcel to be described; thence Northerly along said
shoreline to the point of intersection with the Easterly produced Northerly line of Lot 4,
Block 17, Stillwater, Washington County, Minnesota; thence Westerly along said
produced line to a line drawn parallel with and perpendicularly distant 8.5 feet Easterly of
Burlington Northern Railroad Company's (formerly Northern Pacific Railway
Company's) most Easterly Spur track centerline, as now located and constructed upon,
over and across said Section 28; thence Southerly along said parallel line and produced
10.0 feet Southerly of the Southerly terminus of said Spur track centerline; thence
Westerly at right angles to said parallel line a distance of 17.0 feet; thence Northerly and
parallel with said Spur track centerline a distance of 20.0 feet; thence Westerly at right
angles to said Spur track centerline to the point of intersection with a line drawn parallel
with and perpendicularly distant 15.0 feet Easterly of Burlington Northern Railroad
Company's most Easterly track centerline, as now located and constructed; thence
Southerly along said parallel line to the point of intersection with a line drawn parallel
with and distant 8.5 feet Easterly of, as measured at right angles to, said Railroad
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Company's Original Main Track centerline, as originally located and constructed; thence
Southerly parallel with said Main Track centerline to the Northerly line extended of E.
Myrtle Street; thence Easterly along said extended Northerly line of Myrtle Street to the
intersection with a line drawn parallel with and distant 66.0 feet Easterly of, as measured
at right angles to, said Original Main Track centerline; thence Northerly parallel with said
Main Track centerline to the intersection with a line drawn through the True Point of
Beginning and parallel with said Northerly line of E. Myrtle Street; thence Easterly to the
True Point of Beginning.
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 16t'' day of June, 1998.
CITY OF STILLWATER
J y L e ' ayor
ATTEST:
Morli eldon, Clerk
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