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RES 1962-95 - 00012456RESOLUTION NO. 95 -1962 A RESOLUTION AUTHORIZING AND DIRFOTING CONDEMNATION PROCEEDI FOR STREET AND HIGHWAY EASEMENT FROM GARDENA AVENUE SOUTH TO HIGHWAY NO. 100 WHEREAS, it is deemed in the interest of the City of Fridley and the public to acquire certain lands and properties in the City of Fridley, and to establish and maintain therein certain right - of -way areas for street and public utility purposes, including also therein wherever deemed necessary, the laying and maintain - ance of sanitary sewer mains, storm sewer mains, ( or drains, or curb and gutter where necessary) watermains and other like public utilities and improvements, all as deemed necessary from time to time to the interest of the public, and WHEREAS, the City of Fridley has found that it is unable to obtain all of said lands and properties by purchase by gift, or otherwise, or that it is no. in the best interest of the City of Fridley to do so, and it is deemed in the best interest of the City that said lands and properties and the necessary public rights therein be obtained by condemnation under the right of eminent domain of said City, unless said lands can be obtained earlier by direct negotiatiin and purchase; NOW, THEREFORE BE IT RESOLVED, By the Council of the City of Fridley, as follows: SECTION 1: That it is in the interest of the City of Fridley and the public to obtain for public purposes by condemnation under the right of eminent domain certain lands and properties located in the 'City of Fridley (as noted and contained in Schedule "A" attached hereto). That the lands and properties to be affected by such condemnation proceedings and to be obtained under such right of eminent domain are all of those noted and further described in SCHEDULE "A ", attached hereto and made a part hereof by reference, and the same as it fully set forth herein. Each of said lands is to be obtained under said proceedings for the purpose noted in said Schedule. SECTION 2: That the City Manager and the City Attorney are authorized and directed to commence condemnation proceedings of said lands and properties for the purpose noted herein, and to take all stens necessary and proper thereto as provided by law. It is provided, however, that should the City of Fridley acquire said lands by nurchase, gift, or otherwise during the course of said condemnation proceedings, that then upon the approval of the Council thereto, the City Manager and the City Attorney are authorized and directed to terminate such condemnation proceedings in accordance with law, with respect to such lands or properties as are then obtained; all as noted and contained in Schedule "A" attached hereto, showing the street and utility easement to be acquired extending from Gar- dena Avenue South to Highway No. 100. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF AUGUST, 1962. ATTEST: &7A� CITY LERK - MARGIN C. ERu: L "77 MAYO - T. E. GREIG 97 3 RESOLUTION NO. 95 SCHEDULE ^A° The following is the legal description of the proposed easement: A sixty foot (601) wide public street, utility and drainage easement lying in the northeast quarter of Section 24, Township 30, Range 24, County of Anoka, State of Minnesota, the center line of w'::ich is described as follows: Commencing at a point which lies on the north line of Highway No. 100 ( Interstate Highway No. 694 ) and lies one hundred ' fifty feet (150') distant from and measured easterly of and at right angles to the west line of the southeast quarter section; thence north and parallel to said west line to a point which is 673.84 feet south of the north line of said southeast quarter section; thence tothe right on a tangential curve described by a 1,909.86 foot radius, a central angle of 20032 and a degree of curvature of 30, a distance of 684.44 feet to a point of curve to curve (P.C.C.) located on the north line of said south- east quarter section; thence tothe left from said P.G.C. on a tangential curve described by a similar radius of 1,909.86 foot radius, 200 32' central angle, and 30 curvature, a dis- tance of 684.44 feet; thence north parallel tothe west line of the northeast quarterof said section 24 to a point located on the centerline of Gardena Avenue and 392.49 feet from the west line of said northeast quarter measured along the center - line of Gardena Avenue.