Imp. Proj. #350
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STATE OF MINNES011A ,... -... - DISTRICT COURT
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::~:::_::_::::::::_________~~~~/1f~DICIAL DISTRICT
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City of New Hope, a - ".:"~;...'~~.:"
municipal corporation,
Petitioner,
vs. FINAL CERTIFICATE
Minnesota Federal Savings and Court File No. CO-IS88
Loan Association, a united
States of America corporation,
Respondent.
-------------~-~~-----~--~~~-~~~~~~
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR CITY STREET PURPOSES
By authority of Minnesota Statutes Chapter 117, I hereby
certify that the lands herein described have been taken by the
City of New Hope, a Municipal Corporation, in eminent domain
proceedings for city street purposes in conformity witll the
requirements of Chapter 117 and of said statutes as amended; that
Commissioners were duly appointed by the Court to ascertain and
report the amount of damages sustained by the several o~ners on
: account of such ta~ng; that said Commissioners qualified and
made and filed the~ report of such damages; that appeals from
the awards in said report were taken but were then abandoned;
that all damages, as determined by award, and by agreement of the
parties, have been paid by the City of New Hope~ that the
.
proceedings for tIle taking of certain rights in said lands are
now complete; and that said City now owns a permanent street
1
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easement over said lands for the purpose of maintaining the same
I for city street purposes and has the exclusive control of same.
!
Said lands are situated in Hennepin County, Minnesota, and
are described in particularity on Exhibit A, attached and
incorporated by reference.
And notice is hereby given that the above-captioned
condemnation proceeding has been completed; that payment fer the
taking of lands above described has been made and that the Final
Certificate was executed and approved on the dates shown and
endorsed hereon.
./ / (/ I I
A/t tlt// / II /.
Dated this / - day of , 1989.
CITY OF NEW HOPE, a Municipal
Corporation
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By '- >.(.( i I. / ( I: ~( (t(( .~ -'- - 1
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Steven A. Sandrall, #103391
New Hope City Attorney
The above Certif~is hereby approved. .
~'/ ,
Dated this day of G t-, , 1989.
I
OURT.1ZUA-u r,
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STATE Of.M1NN~OtA.!cbUtlT'( OF.liE~NEPIN Judge of DIstrict Court
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oriainal.j1l{ '111; e~.9rf8COlp~ U} ~_btf'i~' tc. CHESTER DURDA
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Porcel No. 1ST 863 RX (350L)
A permanent easement for roadway purposes over, across and
through the easterly 8 feet of the following described tract or
parcels of 10ncl:
Pur. 1: The South 177 feet of the West 119 feet of the East 144 ..
.. ..
.. feet of the Northwest Quarter of the Northeast Quarter
of Section 18, Township 118, Range 21, according to the
Government Survey t11ereof.
Par 2: Tract B, Registered Land Survey No.. 324, Files of
Registrar of Titles, County of lIennepin ·
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Parcel No. 18A 864 RX (350L) . II
A permanent ensement for roodw flY purposes over, across and
, througtl tIle enster'ly 8 feet of tlle follo\ving described tract or
parcel of lUJld:
That port of the" Enst 1/2 of Nortll\Vest 1/4 of Nortlleast 1/4 of
. Section 18, 'I'o\vnsllip 118, ]~nIlrrQ 21, described as follows:
Comrnellcing ot a point 9 l~ods 8 1/2 feet \\1 est of tIle center of
tIle Nortllenst 1/4 of snid SectioIl 18 J tlleI1ce West 5 rods J thence
Nortll 16 rods, t}lcnce East 13 I'ods t tllence Soutll (j rods, thence
'Vest 8 ;rods, tllenee SOtltll 10 }'0(}8 to tIle point of beginning, except
that port lying South of Stote llirr11,vny No. 55 J and eXCel)tj That
port of tIle ]~nst 1/2 of tIle NOl'tll'\vest 1/4 of tl10 NOl'tJlenst 1/4 of
Section 18, To\vnsllip 118, Illlllge 21 J described as follows:
Commencin~ nt n POillt on tile Soutll line tllereof, distnnt 157 feet
'^lest froln tJloSoutllcnst corllCl' t)lcI~eof; tJlence Norlll pnl'ollel.witll ....
the East Iille tllel'eof n distnllce of IG5 feet; tllence East parallel with
tIle Soutll liJle tJlel'eof n distOJ1Ce of 13 feet to tIle Dctual point of
bcginllirlg of tIle tract of lUllCI to be llCl~cl)y described; tlleIlce
continuillg Enst pnrnllcl \vitll tllG Sotltll lillC tllereof n distnnce of
119 feet; tllcnce Nortll pnrnllel witll tJIe Ellst Iille tllGreof n distance
of 12 feet; tllCIlCC \Vest 1101'1l1lcl \vitl} tIle SOlJtJlliJ1C tllCl'cof tl distnnce
of 11 9 fee t; t J 1 e J 1 C e S 0 tJ t J 1 1) u r nIl c 1 \ V it) 1 t 11 C J ~ n s t 1 i 11 C t 11 ere 0 f n d i s t an c e
of 12 feet to tIle actual POillt of begillJling. Also: 'l'}lot portar tIle
East 1/2 of the Northwest 1/4 of the Northenst 1/4 of Sectiop 18. Town-
S11ip 118, ltOIlgC 21, described os follolvs: COJnlllCI1Cill(; llt'fi point on
tIle Soutll line thereof t II distnnt 157 feet \Vest from tIle Soutllenst
corner tl1ereofj tllence Nortll pnrnllel \vitll tIle East line tllereof a
d i s t n J 1 ceo fIG 5 . fee t; t J 1 C 11 C e Ell S t 1) 111- lllle I wit 11 t J 1 e Sou t } 1 1 ill e t 11 e l' eo f
a distance of 13 feet;. thence Soutll pOI.oIlel witl} tIle East line thereof
a 'distance of 165 feet to tIle Soutll line tJlereofj t11ence \Vest along the
SOUtll line tllcrcofn distnJICe of 13 feet to tIle pOiJlt of bcgirlnillg,
except tllut port tn]cen for COUTlly lIigll,vny No. 9 fOI~lnerly State
Iligh\v flY No. 55.
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Form No. 31.M -QUIT CLAIM DEED Mlnne~ota Uniforlll ConvevanclnR Rlanks (1 !17 8) M,ll"r.Da~l~ Co '.kHl"',\t'C;;'~
Corporation or Partnership I
to Corporation or Partnership
~.~
No delinquent taxes and tra. nsfer entered; Certificate I ~..~
of Real Estate Value ( ) filed ( ) not required ~ ~ ~ 0 .......j
Certificate of Real Estate Value No. I \ ~ ~ ~ 3
1 9 I ~ C-::O:2 C"') >-. "
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County AuJitor i 1 . (\ (5 M ~ rJ) ~ ~ ~
ed, , - ,,' to a:z C!J I _1"'-...
C (;..;:; ~ c 0 Z i3 j l1'.' ....
by S :: ~ ..v z ~ S; I ~. '
Deputv S;;~ "( -t !'\
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STATE DEED TAX DUE HEREON: $ . :~\~:
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Date: O~+. i~ .19~ ~
(rf''''f'rved for recording datal
-" --.. -- -. -..--............... .....- ..........---..,.. -
l\, J L ' · "SI . ." N F ~rs t Minnesota Sav ings Bank, F. S. B. Successor by
d.ergW 't8 Mi\Wrl-~ftJ-t:A P~8-eVJ~ Sav l.ug,;:, ClUJ LUdu corporation i tt 1 .- f
. . . . a.... . . ... un c e r 11 e a \\::.- 0
~ fl~ o~t.at.e..s ___uf ..~~ ?:i,q~;lI; ~r, lH~re by CUll ~~;~ ;lld 4~il~i~li~~~~J~Y~ _9-K_Jj ~V?__.H9 E?
1 . Grantee.
Ii a municiDal corporation under the laws of f'l~.nnesoca ,real property in
Henn e p ~n County 1 !vlinnesota. described as follows:
I
iA permanent easement for roadway purposes over, across and through the
easterly 81 of the following described tracts or parcels or land:
Par 1: The South 177 feet of the West 119 feet of the East 144 feet of
the Northwest Quarter of the Northeast Quarter of Section 18,
Township 118, Range 21, according to the Government Survey
thereof.
Par 2: Tract B, Registered Land Survey No. 324, Files of Registrar oE
Titles, County of Hennepin.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonfrn.grr}i~NNE SOTA SAVINGS BANK F . S . B.
SUCCESSOR BY ~mRGER TO MINNE~OTA FEDERA
SAVIN~~Im~
. \ if;;, ! "'"riLI" Sla!11!, !I "r,' By Its Senior vi Pcesiden
r{ ~ /J /
By ~c.e b~
Its ssistant Vice President
STATE OF rvlINNESOTA }
COUNTY OF HENNEPIN S5,
The foregoing was acknowledged before me this 16th day of October , 19 ~ ,
bvRobert J. Cornell - SR. V.P. and Bruce Bednarek - Asst. V.P. 1
~~htl~fa~i~~HgM ~fti1ieMnB~~~~cli~~~rcdsu<';-:"'6<>uL hi N~8r8f~Ei~~1l1le"uLd
under the laws of the Un~ted States of ,on\ehalfofthe B
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ~, ~~
'f1IV\J'1.,;'\1Vo1VV'NVV.V\^.'....'V\I'~^..-"'.~<..... v\V'~.../'y..;\,'./I ~ SIGN A TURE OF PERSON TAKING ACKN 'LEDGMENT
~ ;":;;;;,' r'll H'~l [) t"r; 1;1 en >
;,;;\ H":"'oj .1 , - ~r 'j:" ,,' . ,,' 1 ~ Tu. Statements for the real property described 1n thll lnatrument should
~\ ~ f! ..l.~~ iHJl ~':'i f'11~1! H: ,.'.1., ^~..':" ~ be lent to (Include name and adduu of Grantee):
! '.,' ":'" I",~;;~:,"~:::" , ': l"ISi'IJ c it of \'1 0 e
J,i"V,/l/""''\;'''~""....'''~.""..~......_..;V./~.~......:''l y Ne H p
_. 4401 Xylon Avenue North
THIS INSTRUMENT WAS DRAFTE-OBY (NAMEANDADDRESS): New Hope, 't-'rN 55428
CORRICK & SONDRALL
3811 West Broadway
Robbinsda le, t-'fN 55422 TRANSFER ENTeRED
i DEFT. OF PROPER rt T to:{ .& PUBLIC RfCCROS
I
1
I JAN 12 1fQ)
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//;::ry ~~- .
BY // DEPUTY
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Form NO~ 31.M -QUIT .~.LAIM DEED :-'Jinneso:a Cnifor:n Conveyancing Blanks (1978) 5.... 6' '1' 00l....0.'..,,'.?,.o.:h'~ ,~;.: ..-...,,..,,..,....~;>>.;
Corooratlon or P artner:nlD ^ c...,... 0
to Corcoration or Partnership .' -1 \
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! No delinquent taxes and transfer$#te ~F'ertificate ! 1" ';1.iE~: '1 . '" ',\i:, '.
J of Real Estate Value ( ) filed ( I './ t required ~
i Certificate of Real Estate Value No. b/ : ~ .
i , 19 1...... I \' Q'2
TItANJIIIIINTIIIII ~ bJ ut.e LO. ri1 ' f'
OrY'... Of ~ TA'I. & P"UIlltR!OOM>S .J". ~
. ,\,1," )i ~::" r:: ~Si
DEe 28 ~ County AuJitor ~ :S;,~'d_kil ", '. 10
bv / ; it
~ Depu ty i : \.) }
:, ~: ~_ .~..~' 28DEC8913:51 05610810 DOC $10.00
ST ATEUEED TAt..,/ S (A"" -""71?// Jj' ltw
Date: Od, lie, , l~U' ,
(reserved for recordIng data)
-EOR ,v A.r...~~A RLF ('()NsmF~R"ATT.l)N-.FiJ;s t t-linnesota Savings Bank, F. S. B. Suce es sar by
Mer ~e1;""~ cQ rTI'11Tfe-soca -re-cre-ral- ~ ::Ja v ~u55 dLt J LUdu corpora t ion under the law~ of
ASSO~1~~1nn ,a.. ~
the United States of Arner~~e.rantor, hereby conveys and quitclaims to C~ty of New Hope
, Grantee.
a municipal corporac~on under the laws of l"l~nnesota ,real property in
Henn e p ~n County, ivIinnesota, described as follo\vs:
A permanent easement for roadway purposes over, across and through the
easterly 8' of the following described tract or parcel of land:
That part of the East 1/2 of Northwest 1/4 of Northeast 1/4 of Section 18,
Township 118, Range 21, described as follows: Commencing at a point 9 rods
8 1/2 feet West of the center of the Northeast 1/4 of said Section 18,
thence West 5 rods, thence Worth 16 rods, thence East 13 rods, thence South
6 rods, thence West 8 rods, thence South 10 rods to the point of beginning,
except that part lying South of State Highway No. 55, and except; That part
of the East 1/2 of the ~orthwest 1/4 of the Northeast 1/4 of Section 18,
Township 118, Range 21, described as follows: Commencing at a point on the
South line thereof, distant 157 feet West from the Southeast corner
thereof; thence North parallel with the East line thereof a distance of 165*
(if more space is needed, continue on back)
together with all hereditaments and appurtenances bel~h~i~ SOTA SAVINGS BANK ~ F. S ~ B.
SUCCE R BY MERGER TO MINNESOTA FFDFRAL
S' ~
By
By
ST.ATE OF ~'IINNESOTA }
COUNTY OF HENNEPIN , 55,
The foregoing was acknov'lledged before me this 16th day of October , 19~ ,
by Robert J. Cornell - SR. V. P . and Bruce Bednarek - Asst.. V.. P. ,
theFirst }iinncsot3 S:lvings B::ml" F. 8. Md Successor by Ncr\3c:- tQ }finnco :eta
of Fpdpr;:ll SAvi ng~ .qnd LOAn ASSO("~ti on t a cor oratlon
under the laws ofthp lTni tpd StAtps of er,J..Orl3.behalf of the corporatlon
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
~r r ):': v,',- ,,', '"',- '.' v, . · .,', · . ""No',', ",'.~ ~
<':i;, -/'" "Tax Statements tor the real property d8lcrlbed in this instrument should
{-~{~:',+' ; be ,ent to (Include name and a.ddresa ot Grantee):
~. v' ,:~~",.V____N"'" ,. ..... "c. "fS,' ~ City of New ~ Hope
."".. . 4401 Xylon AV~hue North
, New Hope, MN 55428
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): , .
CORRICK & SONDRALL
3811 West Broadway
Robbinsdale, MN 55422
*reet thence East parallel with the South line thereof a distance or 13
feet 0 the actual ~oint of begi ning of the tract of land to be hereby
descr bed; thence continuing Eas parallel with the South line thereor a
distance or 119 feet; thence Nor h parallel with the East line thereof a
distance or 12 feet; thence West parallel with the South line thereor a
distance or 119 feet; thence South parallel with the East line thereor a
distance of 12 feet to the actual point of beginning. Also: That part of
the East 1/2 of the Northwest 1/4 of the Northeast 1/4 or Section 18,
Township 118, Range 21, described as follows: Commencing at a point on the
South line thereof, a distant 157 feet West from the Southeast corner
thereof; thence North parallel with the East line thereof a distance or 165
feet; thence East parailel with the South line thereof a distance or 13
feeti thence south-parallel with the East line thereof a distance or 165
reet to the South line thereof; thence West along the South line thereor a
distance or 13 feet to the point of ~ginning, except that part taken for
County Highway No.9 formerly State Highway No. 55.
---~'\
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-~ ! .. : -. COUNCIL
~ lOR 1Cl'ICB
"-
Originating Department Approved for l\g'enda l\g'enda Section
Unfinished and
Management Assistan By: /7 Orgin. Business
10-9-89 Item No.
By: Jeannine Dunn 11 . 2
Jj
!
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RESOLUTION AUTHORIZING JUST COMPENSATION IN THE AMOUNT OF $23,850.47
FOR THE PARTIAL TAKING OF PROPERTY LOCATED AT 8320 42ND AVENUE NORTH
(FIRST MINNESOTA SAVINGS BANK-FSB) prD #18-118-21 12 0003
The City Council reviewed this item on September 25, 1989 and requested
that staff negotiate the interest payment. The compromise settlement
is as follows:
Original Award - $16,223.00
Interest - 7,627.47
Total $23,850.47
Final approval of this award is pending from First Minnesota.
staff recommends approval of the resolution.
-
MJrION BY V /1_ .71
SEcrJND BY ( . . //'\ ../f //(;,'0" f f/ r
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'IO: i / I ( fLJV"')T - r-'J ()_~J
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Review: Administration Finance
RFA-OO 1
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CITY OF NEW HOPE
RESOLUTION NO. 89-203
RESOLUTION AUTHORIZING JUST COMPENSATION IN THE AMOUNT OF $23,850.47
FOR THE PARTIAL TAKING OF PROPERTY LOCATED AT 8320 42ND AVENUE NORTH
(FIRST MINNESOTA SAVINGS BANK-FSB)
PID #18-118-21 12 0003
WHEREAS, in 1979, the City of New Hope authorized and completed
Improvement Project 350 which included widening Xylon Avenue
at the intersection of 42nd Avenue; and,
WHEREAS, in order to accomplish said improvement, an eight (8) foot
permanent easement was required from the property located at
8320 42nd Avenue North; and,
WHEREAS, this easement is legally described in the following manner:
Par 1: The South 177 feet of the West 119 feet of the East
144 feet of the Northwest Quarter of the Northeast
Quarter of Section 18, Township 118, Range 21,
according to the Government Survey thereof.
Par 2: Tract B, Registered Land Survey No. 324, Files of
Registrar of Titles, Hennepin County.
That part of the East 1/2 of the Northwest 1/4 of Northeast
1/4 of Section 18, Township 118, Range 21, described as
follows: Commencing at a point 9 rods 8-1/2 feet West of the
center of the Northeast 1/4 of said section 18, thence West 5
rods, thence North 16 rods, thence East 13 rods, thence South
6 rods, thence West 8 rods, thence South 10 rods to the point
of beginning, except that part lying South of state Highway
No. 55, and except; That part of the East 1/2 of the
Northwest 1/4 of the Northeast 1/4 of section 18, Township
118, Range 21, described as follows: Commencing at a point
on the South line thereof, distant 157 feet West from the
Southeast corner thereof; thence North parallel with the East
line thereof a distance of 165 feet; thence East parallel
with the South line thereof a distance of 13 feet to the
actual point of beginning of the tract of land to be hereby
described; thence conntinuing East parallel with the South
line thereof a distance of 119 feet; thence North parallel
with the East line thereof a distance of 12 feet; thence West
parallel with the South line thereof a distance of 119 feet;
thence South parallel with the East line thereof a distance of
12 feet to the actual point of beginning. Also: That part of
the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of
Section 18, Township 118, Range 21, described as follows:
Commencing at a point on the South line thereof, a distant 157
feet West from the Southeast corner thereof thence North
parallel with the East line thereof a distance of 165 feet;
-2-
thence East parallel with the South line thereof a distance of
13 feet; thence South parallel with the East line thereof a
distance of 165 feet to the South line thereof; thence West
along the South line thereof a distance of 13 feet to the
point of beginning, except that part taken for County Highway
No. 9 formerly state Highway No. 55. .
WHEREAS, the City initiated an eminent domain proceeding in order to
acquire the partial taking; and,
WHEREAS, on March 24, 1980, an award was entered by the court-appointed
commissioners for the partial taking in the amount of
$16,223.00; and,
WHEREAS, the award in the amount of $16,223. 00 was appealed by the
owners of the property; and,
WHEREAS, this appeal was not pursued by the property owners and
subsequently dismissed from the Court of Hennepin County; and,
WHEREAS, Minnesota statute 549. 09 provides for payment of the award
plus interest from the date of the award; and,
WHEREAS, the City of New Hope and First Minnesota Savings Bank now
agree to the amount awarded by the commissioners and the
interest payment required.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New
Hope that just compensation, which includes the original award
and interest, be provided to First Minnesota Savings Bank in
the amount of $23,850.47 for the partial taking of the
property at 8320 42nd Avenue North.
Adopted by the City Council of the City of New Hope, Hennepin County,
Minnesota, this 9th day of October, 1989.
./ l
cf:~~J Q{;',. / A (~-i ,)
Mayor ;/
r~
L ' "--- /
Attest: ttiJlt/C{~,L (,'.fJ7U
City Clerk
...
- - - - " - " . COUNCIL
~ FOR 1Cl'.ICIl
Originating Department Approved for ~enda ~enda Section
Unfinished and
Manager Orqin. Business
0 9-25-89 Item No.
By: Jeannine Dunn By: A' I . 11 .2
[,/ /
!
RESOLUTION AUTHORIZING JUST COMPENSATION IN THE AMOUNT OF $30,556.33
FOR THE PARTIAL TAKING OF PROPERTY LOCATED AT 8320 42ND AVENUE NORTH
(FIRST MINNESOTA SAVINGS BANK-FSB) pro #18-118-21 12 0003
First Minnesota Savings Bank recently applied for a conditional use
permi t which initiated some research on the property located at 8320
42nd Avenue North. During the course of the planning case review,
staff found that the easement needed to complete Improvement Project
350 may have never been obtained. staff subsequently was able to
confirm that as fact.
The City Attorney's September 15, 1989, letter provides a history and
explanation of the problem. In summary, First Minnesota has not been
paid for the easement required for Improvement 350. As provided by
Minnesota statute 549.09, simple interest has accrued from the date
that the award was made.
The resolution sets forth just compensation for First Minnesota as
follows:
Original Award - $16,223.00
Interest - 14,333.33
Total - $30,556.33
Staff recommends approval of the resolution.
~O~~~bj 0 SECOND BY r01tlflj
Revierw : Administration Finance
RfA-OO 1
.;
CITY OF NEW HOPE
RESOLUTION NO. 89-
RESOLUTION AUTHORIZING JUST COMPENSATION IN THE AMOUNT OF $30,556.33
FOR THE PARTIAL TAKING OF PROPERTY LOCATED AT 8320 42ND AVENUE NORTH
(FIRST MINNESOTA SAVINGS BANK-FSB)
PID #18-118-21 12 0003
WHEREAS, in 1979, the City of New Hope authorized and completed
Improvement Project 350 which included widening Xylon Avenue
at the intersection of 42nd Avenue; and,
WHEREAS, in order to accomplish said improvement, an eight (8) foot
permanent easement was required from the property located at
8320 42nd Avenue North; and,
WHEREAS, this easement is legally described in the following manner:
Par 1: The South 177 feet of the West 119 feet of the East
144 feet of the Northwest Quarter of the Northeast
Quarter of section 18, Township 118, Range 21,
according to the Government Survey thereof.
Par 2: Tract B, Registered Land Survey No. 324, Files of
Registrar of Titles, Hennepin County.
That part of the East 1/2 of the Northwest 1/4 of Northeast
1/4 of section 18, Township 118, Range 21, described as
follows: commencing at a point 9 rods 8-1/2 feet West of the
center of the Northeast 1/4 of said Section 18, thence West 5
rods, thence North 16 rods, thence East 13 rods, thence South
6 rods, thence West 8 rods, thence South 10 rods to the point
of beginning, except that part lying South of state Highway
No. 55, and except; That part of the East 1/2 of the
Northwest 1/4 of the Northeast 1/4 of section 18, Township
118, Range 21, described as follows: Commencing at a point
on the South line thereof, distant 157 feet West from the
Southeast corner thereof; thence North parallel with the East
line thereof a distance of 165 feet; thence East parallel
with the South line thereof a distance of 13 feet to the
actual point of beginning of the tract of land to be hereby
described; thence conntinuing East parallel with the South
line thereof a distance of 119 feet; thence North parallel
with the East line thereof a distance of 12 feet; thence West
parallel with the South line thereof a distance of 119 feet;
thence South parallel with the East line thereof a distance of
12 feet to the actual point of beginning. Also: That part of
the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of
section 18, Township 118, Range 21, described as follows:
Commencing at a point on the South line thereof, a distant 157
feet West from the Southeast corner thereof thence North
parallel with the East line thereof a distance of 165 feet;
-2-
thence East parallel with the South line thereof a distance of
13 feet; thence South parallel with the East line thereof a
distance of 165 feet to the South line thereof; thence West
along the South line thereof a distance of 13 feet to the
point of beginning, except that part taken for County Highway
No. g formerly state Highway No. 55.
WHEREAS, the City initiated an eminent domain proceeding in order to
acquire the partial taking; and,
WHEREAS, on March 24, 1980, an award was entered by the court-appointed
commissioners for the partial taking in the amount of
$16,223.00; and,
WHEREAS, the award in the amount of $16,223.00 was appealed by the
owners of the property; and,
WHEREAS, this appeal was not pursued by the property owners and
subsequently dismissed from the Court of Hennepin County; and,
WHEREAS, Minnesota statute 549.09 provides for payment of the award
plus interest from the date of the award; and,
WHEREAS, the City of New Hope and First Minnesota savings Bank now
agree to the amount awarded by the commissioners and the
interest payment required.
NOW, THEREFORE, BE IT RESOLVED, by the City council of the City of New
Hope that just compensation, which includes the original award
and interest, be provided to First Minnesota savings Bank in
the amount of $30,556.33 for the partial taking of the
property at 8320 42nd Avenue North.
Adopted by the ci tyCouncil of the City of New Hope, Hennepin County,
Minnesota, this 25th day of September, 1989.
Mayor
Attest:
City Clerk
GORRIOK &. SONDRALL
A PARTNERSHIP OF PROFESSIONAL CORPORATiONS
LAWYERS
3811 WEST BROADWAY
ROBBINSDALE, MINNESOTA 55422
WILLIAM ..... CORRICK, PC. A_ TELEPHONE (612) 533.2241 LEGAL ASSISTANTS
-
STEVEN A. SONDRALL. P,A. LAVONNE E. KESKE
STEVEN A. SONDRALL SHARON 0, HOFSTAD
MICHAEL R. LAFLEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
september 15, 1989
M. Jeannine Dunn
Corrununity Development Coordinator
City of }:\]e\q Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: Minnesota Federal (First Minnesota) Condemnation
Our File Noo 350 LC
Dear Jeannine:
This letter is in follow up to our meeting with Bruce Bednarek
and John Bowers of First Minnesota regarding the condemnation of
the First Minnesota property when it was previously known as
Minnesota Federalo
By way of history, in 1979 the City widened Xylon .Avenueo To
a.ccomplish the improvement we needed to acquire approximately 8'
from the east side of the propertyo Negotiations to acquire the
property by direct purchase failed and the City commenced an
eminent domain proceeding.
The eminent domain proceeding was not a "quick-take') therefore a
deposit pursuant to said procedure was not made to District
Court. However, we did begin and complete the improvement in
1979 under a right of entry agreement with the ownero The
special assessment for the improvemen<t was also being con-tested
at the same time with the condemnation proceeding.
An award was entered by the court appointed commissioners on
March 24, 1980 (see copy enclosed) 0 The amount of the award was
$16,223.00. That award was appealed by the owners. The City
also appealed the award, hO'Ylever the file correspondence
indicates the City was willing to pay the award if the owner
would accept same 0 The owner refusedo
M. Jeannine Dunn
September 15, 1989
Page 2
Subsequent to the appeal the owner failed to pursue its case.
Since the City was ready and willing to pay the award, our office
took a wait and see position to avoid running up attorney's fees
unnecessarily. We felt if the owner was not going to actively
pursue the case, we \"I7ould not "stir up the waterll either. In
1986 or 1987 the appeal was dismissed with prejudice by motion of
the District Court for the property owners' failure to litigate.
It is our recommendation that we no\v pay First Minnesota the
$16,223.00 award and statutory interest from the date of the
a\vard, March 24, 1980. I calculate the interest at $14,333.33
through September 26, 1989 making the total payment $30,556.33.
Minn. stat. ~ll7.l95 requires payment of interest from the date of
the award or from the date of our possession, whichever occurred
firsto Therefore, if First Minnesota agrees to accept the above
interest figure, we will save a year's worth of interest since
our possession date was more than likely a year prior to the
award date.
lviinn. stat. 5117.195 also provides that interest should be paid
per Minn. stat. S549.090 The latter statute holds that simple
interest shall be paid on all judgments at a rate set by the
District Court Clerk. In Bruce Bednarek's September 8, 1989
letter he correctly sets out the rates for the applicable years.
I used those rates in arriving at the $14,333.33 figure referred
to above. Attached is an itemization as to how the interest was
calculated.
In summary, if we agree to pay this amount we \'1i11 be paying
First Minnesota $14,333.33 for the use of its money over almost a
10 year period. From a loan transaction point of view, that is a
fairly reasonable charge, especially considering the fact that
the purchasing power of the 1989 dollar is less than the 1980
dollar due to inflationary pressure further decreasing First
Minnesota's return on its money. We should also consider the
savings in litigation costs due to First Minnesota's failure to
pursue this claim. When vie\ved in this light, the proposed
payment seems reasonable and equitable.
I have spoken with the attorney for First Minnesota about this
settlement. He has informed me they will accept the settlement
if offered by the City. I recommend that we ma]ce suchan offer.
I will also request that they sign easements for the roadway
easements so there will be no future problems concerning the
City's ownership. If you and Dan agree, this mat-ter should be
placed on the September 25, 1989 agenda for Council approval.
M. Jeannine Dunn
Septenlber 1514, 1989
Page 3
Please call if you have any questionsa
Sincerely,
~
steven A. Sondrall
slf3
Enclosure
cc: Daniel J. Donahue
William J. Corrick, Esq.
GORRICK Be SONDRALL
A PARTNERSHIP OF PRQFE.SSIONAL CORPORATIONS
LAWYERS
3611 WEST BROADWAY
ROBBINSDALE, MUNNESOTA 55422
WILLIAM J. CORRICK. P.A. TELEPHONE (612) S33~224-1 LEGAL ASSISTANTS
-
STEVEN A. SONDRALL, P.A. LAVONNE E. KESKE
STEVEN A. SONDRALL SHARON D. HOFSTAD
MICHAEL R. LAFLEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
, "'-
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FIRST MINNESOTA RECONCILIATION
Commissioner's Award - $16,223.00
Award Date - March 24, 1980
Time Period Interest Rate Per 549.09 Amount
3/24/80 - 3/31/80 8% 24.92 (7 days @ 3.56/day)
4/1/80 - 12/31/80 11% 1,344.75 (275 days @ 4.89/day)
1981 13% 2,109.99
1982 11% 1,784.53
1983 8% 1,297.84
1984-1985 9% 2,920.14
1985-1988 8% 3,893.52
12/1/89 - 9/26/89 8% 957.64 (269 days @ 3.56/day)
Total Interest: 14,333.33
Award - $16,223.00
Interest - 14,333033
TOTAL: $30,556.33
September 8, 1989
Jeannine Dunn
Management Assistant
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Dear Ms. Dunn,
As a follow-up to our meeting of September 6, John Bowers (Staff Counsel)
has researched the issue of interest payable on the amount awarded for
the permanent easement on our New Hope office. His findings are as follows.
1. Pursuant to Minnesota Statute 117.195, advantages allowed under this
chapter (eminent domain) whether by comissioners or upon appeal, shall
bear interest from the time of the filing of the commissioner's report
or from the date of the petitioner's possession which ever occurs first.
The rate of interest shall be determined according to section 549.09.
2. Pursuant to Section 549.09, John's legal staff has checked with the
Minnesota Judicial System to determine the interest rates which would
be applicable to the period of time for which we are discusing. Said
rates are as follows.
01/01/79 - 12/31/79 6%
01/01/79 - 03/31/80 8%
04/01/80 - 12/31/80 11%
01/01/81 - 12/31/81 13%
01/01/82 - 12/31/82 11%
01/01/83 - 12/31/83 8%
01/01/84 - 12/31/85 9%
01/01/86 - 09/07/89 8%
In view of the above, First Minnesota's position regarding the completion
of the requested stipulation is basically that we are requesting the original
amount awarded be paid to First Minnesota along with interest pursuant
to Minnesota's Statute. I respectfully await your reply.
Sincerely,
{/!;YUtek ~v J //
a~~u?z
Bruce Bednarek
Assistant Vice President
Administrative Services
cc: John Bowers, Staff Counsel
BB/rne
.F ~ rst f\jl:i n.n 8.50ta Sa\! I r;.gs "Sarl:}< ~ F~S. B.
690 16th A.venue South, Hopkins,rVlinnesota 55343
.612-935-"0126
--
STATE OF MINNESOTA DI STRICT COURT ..
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
---~--~--~---~-------~---------~---
city of New Hope, a
municipal corporation,
Petitioner,
vs. STIPULATION
Minnesota Federal savings and Court File No. CD-ISBa
Loan Association, a united
states of America corporation,
Respondent.
---~--~-----~---------~--------~~--
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR CITY STREET PURPOSES
WHEREAS, petitioner commenced the above entitled action for
the purpose of obtaining permanent easements for roadway purposes ...
..
over certain real property described in the Petition and owned by
Respondent, and
WHEREAS, a Petition was duly granted by the Court by Order
dated August 7, 1979, and
WHEREAS, three Commissioners were appointed by the Court to
hear evidence and make the Award of Damages, and
WHEREAS, said Award of Damages was filed on'July 7, 1980
awarding Respondent'. $16,233. 00 in damages for the taking, and
WHEREAS, no part 6f said award has been paid and the.,
parties hereto.agree that interest is due on said award pursuant
to Minn. stato S~117.195 and 549.09, and
1 ' .
. .
f .
WHEREAS, Respondent filed a Notice of Appeal to the District
Court from the 'Commissioners' Award on July 12, 1980, and
WHEREAS, Petitioner filed a Notice of Cross Appeal to
District Court from the Commissioners' Award on July 18, 1980,
and
WHEREAS, neither said Appeal nor Cross Appeal were
prosecuted further, and
WHEREAS, a Final Certificate in this case has not been
filed, and
WHEREAS, the parties wish to stipulate to allow for the
filing of a Final Certificate with court approval rather than
expend further time and money to have this case formally
reopened.
NOW, TH-EREFORE, IT IS HEREBY STIPULATED AND AGREED AS
..
..
FOLLOWS:
1. That the undersigned Petitioner and Respondent each
consent and agree to the approval by the Court and the filing by
Petitioner of the Final Certificate in this case, a copy of which
is attached hereto and incorporated by reference.
2. That the parties consent to the Court signing the Final
Certificate without a formal reopening of the case or a court
hearing, or any further notice regarding same.
3.. That-Petitioner shall pay Respondent $30,556.33 as a
full, final and complete payment of all monies due Respondent
resulting from said taking herein including, but not limited'to,
the amount of th'e award " all interest accrued or accruing on said
2
. .
"
award, and all costs and attorney's fees.
DATED: 9-(~ -etj
CITY OF N,~W H02?~
By ~4-:- . ~
Steven A. Sondrall, #103391
New Hope City Attorney
FIRST MINNESOTA SAVINGS BANK, F.S.B.,
SUCCESSOR BY MERGER TO
MINNESOTA FEDERAL SAVINGS AND
LOAN ASSOCIATION
By
Its
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ST.A4TE OF rvlINNESOT.A. DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
- -----~----_... -_.....- ----- FILE NO. 1588
City of New Hope. a IvTunicipal
corporation f
Peti tioner )
FIN_;\L REPORT OF...-\W..t.\RD
V5. 'P..S TO PARCELS
18T8G3 H..."X:and .18..~864 RX
l\linncsota Federal SDTIngs and
Loan .Association J a United States -
of i\lnerica Corporation,
Res pon den t .
- - - - - - - - - - - - - - - - - - - - - -
The undersigned Comrni;sioners, Stan Larson, lVlarilyn R. Berg, and
James Ford) having been appointed by the above-na.rned Court and having qualified
according to law, met as directed by the Order of Appointment, heard the allegations
(lild proofs of ail persons iIltercsted touching the matter to them committed, heard
testimony publicly under oath a.Tld in Lheir presence, vie,\' en t""1e lands hereinafter
described, received Exhibits I and having Completed hearings and consideration
\'lith respect to said lands, hereby make the follovling aVl ard of d.u.mages resulting
to l'he o\vner of this land by reason of the taking of said land by the Petitioner
for the purpose oi \videning of Xylon }lvenue North J near 42nd ..t\venue North..
Legal description:
Parcel No. 1ST 863 RX (350L)
A permanent eas'ement ior roadway purposes over, across and through
the easterly 8 feet of the follo\ving described tract or parcels of land:
Par 1: The South 177 ieet of the Vl est 119 feet ,of the East 144
feet of the North1vest Quarter of the 1-7ortheast Quarter
of Section 18 f TOVlnship 118, Range 21 f according to
the Government Survey thereoi.
Par 2: Tract B, Registered Land Survey No. 324 J Files oi
P...egistrar of Titles, County of Hennepin.
r
.- . ,
...
..
I
Name of the party interested in the above-described land and nature
of in terest:
FE EO' 1,7 ~"'"E.R : Tvlinncsota Federal Savings. and Loan Associati?n,
a United States or P..merica corporation.
Parcel No. 18...6. 864. P\.X (35 OL)
A permanent easement for roadway purposes over, acrosS and Ll1rough
the easterly 8 feet of the following des crib ed tract or parcel of land:
That part of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of
Section 18, To\vnship 118 I Ran ge 21, described as faIlallls:
Commencing at a point 9 rods 8 - 1/2 feet VI est of the center of the
Northeast 1/4 of said Section 18, Ll1ence Vi est 5 rods. thence North 16
rods J thence East 13 rods , thence South 6 rods, thence West 8 rods,
thence South 10 rods to the point of beginning, except that part lying
South of State Iiigh\vay No. 55, and except; That part of the East 1/2
of the North\vest 1/4. of the Northeast 1/4 of Section 18, Tov/nship 118,
H.ange 21, described as fol10\-/s: Commencing. at a point on the South
line thereof, distant 157 feet 'Vest from the Southeast corner thereof;
thence North pnrallel \\iith L~e East line "L~ereof a distance of 165 feet;
thence East parallel "iNith the South line thereof a distance of 13 feet
to we actual poirit of beginning of the tract oi land to be hereby
described; t.l1ence continuing East parallel '\vith the South line L"lereof
a distance of 119 feet; thence North parallel "\vith the East line thereof
a dista..Tlce of 12 feet; thence 1"1 est parallel vlit..'l-1 the South line thereof
a distunce of 119 feet; t.l1ence South parallel \vith the East line thereof
D. distnnce of 12 feet to the actual point of beginning. Also: Th at part
of the Enst 1/2 of the Nort.hvlcst 1/4 of the Northeast 1/4 of Section 18,
Township 118 J li.nnge 21, described as follow's: Commencing at a
point on the South line thereof I a distant 157 feet ,Vest fromt.'1e
SouL~enst corner thereof; thence North parallel \vith the East liY1e
thereof a distance of 165 feet; thence East parallel 'Nith the South
line thereof a distnJ1Ce of 13. feet; thence South parallel \'lith the East
line thereof a distance of 165 feet to the South tine thereof; thence
;^lcst along the South line thereof a distance of 13 feet to me point
of beginning, except that part taken for C-ounty Highvl ay No.9, -
formerly State Highv/ay l'Io. 55.
According to the best information and belief of ll1e undersigned, the
names of all persons and parties interested in said parcels of land and in the
said a\vard are I and the aVlsrd, as follows: ,~
<'
.1; \1,' a r d for fee sin) p 1 can de;:: s e In en t t a kin g $ g.L20~OO
j\ war d ! 0 r c.J a rn. 8. ,c: C' I () rem a i n d '2 r i n t ere s t S 6 , 20 3 . 00
}\ v; a r d for co S tor r c 10 C a l ion $
TOTi~L ..t\,\V~^RD $ 16~223.00
-2-
- -...
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. (.
.
,
The Commission further awards the respondent a reasonable appraisal
fee in th e a.rn au n t 0 f $ 3 00 . 0 0 ·
We fLlrther report that all of tl\e undersigned were present at each of t.he
meetings of the Commissioners a..T1d hearings and that 1'11 of tc'1e undersigned
participated in consideration of the allegations and proofs of the interested
parties and LT1 u1e nscertcining, determining, assessing and awarding of
damages for the ta..1dng of the properties above described, and that all of said
Commissioners v-ievled the above-described premises.
-
. . . . . . . ~ ~ ~ . . . . .
Stall Larson
I '. ;//,;i
1;/1,. - /.. ~i\" ?-. . ,.. .. ... .
I...... :..,.....)../..../ -;,.\...' j- j ./.t .!...---:rl~
Tvlarflyn R/ Berg / I
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4--~( ~~~ ?~/
pmes Ford /~
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D ated: I/(~::J_/ f/7 ~ ~I I /?!? 0
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Corporation or P artnersn ip I
to Corporation or Partnership 1
Nod elinqu en t; ta.xes and transfer entered; Certificate I
I of Real Estate Value ( ) filed _ ( ) not required I
\ Certificate of Real Estate Value No, \
, ,19_ I
I \ I
Ii ! I I
I I \
\. County AuJitor. I III
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I by 'I I
I Deputu I !
I \
STATE DEED TAX DUE HEREON: $ \ I
89 I . I
Date: ,19_ i I
. . I . (reserved for recording data)
FQR VALUABLE CONSIDERATION. FIrst Mmnesota Savmgs Bank, F.8.B. Successor by Merger to
N!lnnesota Federal Savings and Loan ASSOClanon a corporation under the la'ws of
lVlinnesota , Grantor, hereby con veys ~nd quit.claims to City of New Houe
, Grantee,
a municipal corporation under the la\vs of Minnesota , real property in
Hennepin County, NIinnesota, described as follo\vs:
A permanent easement for roadway purposes over, across and through the I
easterly 8' af the following described tract or parcel of land: I
That part of the East 1/2 of Northwest 1/4 of Northeast 1/4 of section 18, I
Township 118, Range 21, described as follows: Commencing at a point 9 rods
8 1/2 feet West of the center of the Northeast 1/4 of said Section 18, I
thence West 5 rods, thence North 16 rods, thence East 13 rods, thence South
6 rods, thence West 8 rods, thence South 10 rods to the point of beginningJ
except that part lying South of State Highway No. 55, and except; That partt
of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of section 18, I
Township 118, Range 21, described as follows: Commencing at a point on the!
South line thereof, distant 157 feet West from the Southeast corner I
thereof; thence North parallel with the East line thereof a distance of 165*
(if more space is needed, continue on back) I
together vdth all hereditaments and appurtenances belongi.p.~..Jher~t.Q;"T - ~-
-rTltST lVa.L"tNESOTA l..i,AVINGS BANK f F.8 .B.
SUCCESSOR BY !vTERGER TO lYIINNESOTA FEDERAL
SA"'y~n~GS Al~r:. LOr\1'; AS80CIATIOl~ I'
..\ffix [)('pd-r ax St.a 111 n ;-1 ert~
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By
Its
STA.TE OF MINNESOTA. }
55.
COUNTY OFHENNEPIN
The ioregoing \vas ackno\vledged before me this day of , 19~ t
by and ' I
the and I
of [~rs! r~nnesota ~aV1ng's ~a~ t .::i .B. ~uccessor by iV'erger to JYlmnesota Federal Savmgs an<!l
an SOClsnon t a carp ~ n I I
under the la\vs of 1 Innesota ) on behalf of the corporation ·
. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK'! I
I SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT \
, Tax Statements to: the ree.! property described in this !nS!:rum~nt should Ii
be s~nt to (Include name and address ot Grantee):
I City of New Hope I
____,___ . j 4401 Xylon Avenue North I
lTH-is".lNSTiuMENT WAS DRAFTED BY (NAME AND ADDREs-si;l New Hope, IV1N 55428
CORRICK &; SONDRALL I
3811 West Broadway II
I Robbinsdale J lVTN 55422 I
I '
! I
i
i
;
Corporation or Partnership I
to Corporation or ?annership
No delinqu~nt ta..xes and transfer entered; Certificate I ;
I or Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No. I
)19_ I
I
I' I I
County AuJitor I I
\ ' 1
by Deputy \ I
---- i
STATE DEED TAX DUE HEREON: S I
Date: ,19~ I
1 (reserved for recording data)
I
FORVALUABLE CONSIDERATION, First Minnesota Savings Bank, F. S.B. Successor by Merger I I
to 1Vlinnesota Federal Savings and Loan ASSoclatlon a corporanon under the lRws of '
Minnesota , Grantor, hereby conveys ~nd quitclaims to City of New Hope !
, Grantee, I
a municipal corporation under the laws of Mmnesota , real property in I
Hennepin County, Minnesota, described as follows: \
I
A permanent easement for roadway purposes over, across and through the I
easterly 81 of the following described tracts or parcels of land: 1
;
Par 1: The South 177 feet of the West 119 feet of the East 144 feet of Ii
the Northwest Quarter of the Northeast Quarter of Section 18,
Township 118, Range 21, according to the Government Survey
thereof. I
Par 2: Tract B, Registered Land Survey No. 324, Files of Registrar of II
Titles, County of Henneoin.
~ 1
!
i
(If more space is needed, continue on back) I
together \vith all heredit.aments and appurtenances belonging thereto. \.
FIRST Mllil-lESOTA SAVINGS BANK t F.S.B.
SUCCESSOR BY r-!IERGER TO ~rrNNESOTA FEDER.AL
. ,"., , SA I,i INGS l~ND LOA1~ P.-5S0CIATiON I
_.-t.,.. lJppf T, ,,- ....., . r -::;r \
.\.1.'1.'" ,._.....1 ..a,\' ,..LllTIn .ILE
- By .
Its i
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By I
Its I
STA.TE OF rv1INNESOT.>\ 1 I
COUNTY OF HENNEPIN ss,
j
I
The foregoing was acknowledged before me this day of , 19 ~, I
bv and i
the and ' i
or First Minnesota Savi~g-s Bank. F.S.B. Successor by Merg-er to Minnesota Federal Sav'l.ngs and
*Lund..e.:t the. ..1. a. :\.'N.s.........of.... ... M.lnn(lsots on behalf oi the cornor~ti()T1 I
oan .8.SS0Clauon ~ cur!?-u.L tl u.u J - .
l NO'TARIAL STA~1P em SE.:\L(OROTSER TITLE OR RANK) I I
. I SIGNATURE OF ?ERSON TAKING ACKNOWLEDGMENT I
I .
! :rax Statement! tor the real prope~ty described in ~h1s instrument mould !
i oe sent. ~o (lndud.! name and address at Grantee): !
. I
I City of New Hope \
, ._ I 4401 Xylon Avenue North I
,_______ . New Hope t ~lIN 55428 I
' THIS IN STR UMENT WAS D lL-\.F TED BY (N AM E AND ADD R ESS): 1
CORRICK & SONDRALL 1 I
3811 West Broadway I ·
. Robbinsdale. MN 55422 I 1
, I .
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...
- -
,
STATE OF IvllNNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
- - ~ - - - - - - - - - - - - - - - - FILE NO.
City of Nevi Hope, a
Municipal Corporation,
Petitioner,
-vs- PETITION
lVIinnesota Federal Savings and
Loan Association, a United States
of America Corporation 1
Respondent.
- - - - - - - - - - - - -' - - - - - -
Petitioner states and alleges as follow s:
I .
That the City of New Hope is a duly incorporated statutory City,
organized and existing under and by virtue of the Ivlinnesota S'tatutes applicable
thereto.
II .
That it is necessary, adv-1sable and in the public interest that the City
proceed to establish, construct, \'liden and maintain a street kno1vn as Xylon
Avenue North, south of CSAH No.9 (42nd _~venue North), in the City of Ne'\v
Hope J and in order to accolnplish such purpose, it is necessary and in the
public interest to obtain a permanent easement over the parcels hereinafter
described.
Ill.
That the efforts to negotiate the acquisition of such property have been
unsuccessful and the City Council by resolution adopted June 25 J 1979, a copy
of which is attach~d hereto as Exhibit fll", and by this reference made a part
of this Petition J has directed its undersigned City Attorneys J its 1'Ylanager and
its Clerk-Treasurer to take whatever steps are necessary to acquire such
property by eminent domain.
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IV.
That it is necessary and advisable in the public interest to obtain a
permanent easement over.. under and upon the land as hereinafter des cribed ·
said permanent easement to operate forever ·
v.
That the City \vill construct the said street improvement as a public
improvement in accordance with plans and specifications heretofore approved
by the New Hope City Council, a copy of the same being on file \vith the Ne'\v
Hope City Clerk. The City proposes to acquire and dispose of waste and
excess dirt as a result of said construction.
VI.
That the proceedings of eminent domain are initiated pursuant to
lVlinnesota Statutes 9 117.
VIr.
That the land desired and proposed to be taken is situated in Hennepin
County, Ivlinnesota, together v;ith the names of all persons appearing of record
or known to your Petitioner to be the Oi,vners of said land or. interested therein,
together \'lith the nature of such ownership of each, as nearly as can be
ascertained, are as follows:
Parcel No. 1ST 863 RX (350L)
A permanent easement for roadway purposes over, across and
through the easterly 8 feet of the following described tract or
parcels of land:
Par. 1: The South 177 feet of the 'Vest 119 feet of the East 144
feet of the North\vest Quarter of the Northeast Quarter
of Section 18, Township 118, Range 21, according to
the Government Survey thereof ·
Par. 2: Tract B', Registered Land Survey No. 324, Files of
Registrar of Titles, County of Hennepin.
Name of the party interested in the above-described land and
nature of interest:
FEE OWNER: l'Ylinnesota Federal Savings and Loan Association,
a United States of America corporation.
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..:
p'arcel No. 18A 864 RX (350L)
'A pc.rrnanent easement for roadway purposes over, across and
through the easterly 8 feet of the following described tract or
parcel.of land:
That part of the East 1/2 of Northvvest 1/4 of Northeast 1/4 of
Section 18 t Tovlnship 118, Range 21, described as follows:
Commencing at a point 9 rods 8 1/2 feet IN est of the. center of
the Northeast 1/4 of said Section 18, thence West 5 rods J thence
North 16 rods, thence East 13 rods, thence South 6 rods, thence
West 8 rods, thence South 10 rods to the point of beginning J except
that part lying South of State Highway No. 55 J and except; That
part of the East 1/2 of the Northvrest 1/4 of the Northeast 1/4 of
Section 18, Township 118, Range 21) described as follo"\vs:
Commencing at a point on the South line thereof, distant 157 feet
West from the Southeast corner thereof; thence North parallel \vith
the East line thereof a distance of 165 feet; thence East parallel with
the South line thereof a distance of 13 feet to the actual point of
beginning of the tract of land to be hereby described; thence
continuing East parallel \vith the South line thereof a distance of
119 feet; thence North parallel with the East line thereof a distance
of 12 feet; thence West parallel with the South line thereof a distance
of 119 feet; thence South parallel \vith the East line thereof a distance
or 12 feet to the actual point of beginning · Also: That part of the
East 1/2 of the Northv'lest 1/4 of the Northeast 1/4 of Section 18 f T01Nn-
ship 118) Range 21, described as follows: Commencing at a point on
the South line thereof, a distant 157. feet West from the Southeast
corner thereof; thence North parallel with the East line thereof a
distance of 165 feet; thence East parallel with the South line thereof
a distance of 13 feet; thence South parallel with the East line thereof
a distance of 165 feet to the South line thereof; thence yVest along the
South line thereof a distance of 13 feet to the point of beginning)
except that part taken for County Highway No. 9 formerly State
Highway No. 55.
Name of the party interested in the above-described land and nature
of interest:
FEE OWNER: IVlinnesota Federal Savings and Loan Association f
a United States of America corporation.
"VHEREFORE t your Petitioner prays:
1. That such proceedings be had as are provided by law and that it
acquire by condemnation) the permanent construction easements specified for
the construction and maintenance of said public improvements f to continue
forever) as against the H.espondent) and against all persons and parties whatso-
ever for such use and purpose as had been previously set out herein ·
2. That it be adjudged and deter~ined that the purpose for which said
land is sought to be taken is a public use and necessary for such use and purpose.
3 . That this taking is authorized by la1v ·
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4. That three competent and disinterested persons: residents of
Hennepin County J lVlinnesota J be appointed as commissioners to ascertain and
report the amount of damage that vlill be sustained by the owners and persons
interested.
5. That this Court order and fix the time and place of the first meeting
of said commissioners and prescribe their compensation and that they be
directed and instructed by this Court to proceed accor.ding to law to make a
fair and impartial assessment ~d award all damage that be sustained by the
owners and persons interested in the land hereinbefore described by reason
of such taking, and report the same to this Court.
6 . That where} for any reason, it shall be doubtful to "\vhom the a'\vard
shall be paid, the payment be made to the District Court ...-\dministrator ·
7 . For such other and further relief as may be appropriate in the
premises.
Dated: July 9 J 1979.
CORRICK &: \VOOD, CHARTERED
OOGINAl SjGr-~ED
By ~ w. J. CUr\R~K
William J. Corrick
Attorneys for Petitioner
City of Nevv Hope
3811 'Vest Broadway
Robbinsdale, l\1innesota 55422
533- 2241
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1&
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
-----~-~~~~~~~~~~~~~~~~~~~~~~-~~---
City of New Hope, a
municipal corporation, I
Petitioner,
vs. S'rIPULATION
Minnesota Federal Savings and Court File No. CD-ISaa
Loan Association, ,a uni ted
States of America corporation,
~-
Respondent.
---~--~---~-~~~--~~~~~~-~~~~~~~~~~~
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR CITY STREET PURPOSES
WHEREAS, petitioner commenced the above entitled action for
.the purpose of obtaining permanent easements for roadway purposes -
over certain real property described in the Petition and owned by
Respondent, and
WHEREAS, a Petition was duly granted by the Court by Order
dated A.ugust 7, 1979, and
WHEREAS, three COlnrnissioners were appointed by the Court to
hear evidence and make the Award of Damages, and
WHEREAS, said Award of Damages was filed on July 7, 1979,
and
WHEREAS, Respondent filed a Notice of Appeal to the District
Court from the Commissioners' Award on July 12, 1980, and
WHEREAS, Petitioner filed a Notice of Cross Appeal to.
District Court from the Commissioners' Award on July 18, 1980 ,
and
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WHEREAS, neither said Appeal nor Cross Appeal were
prosecuted further, and
WHEREAS, a Final Certificate in this case has not been
filed, and
WHEREAS, the parties wish to stipulate to allow for the
I
filing of a Final Certificate with court approval rather than
expend further time and money to have this case formally
reopened.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS
FOLLOWS:
1. That the undersigned Petitioner and Respondent each
consent and agree to the approval by the Court and the filing by
Petitioner of the Final Certificate in this case, a copy of which
is attached hereto and incorporated by reference.
2 . That the parties consent to the Court signing the Final ~
.
Certificate without a formal reopening of the case or a court
hearing.
DATED:
CITY OF NEW HOPE
By
steven A. Sondrall, #103391
New Hope City A~torney
MINNESOTA FEDERAL SAVINGS AND
LOAN ASSOCIA'rrON
By
Its
2
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f
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. 1,.0
STATE OF MINNESOTA DISTRICrr COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
-~--------~~-~~~~~-~~-~~~~~~~~~~~~~
City of New Hope~ a
municipal corporation,
~
Petitioner,
VB. FINAL CERTIFICATE
Minnesota Federal Savings and Court File No. CD-IS88
Loan Association, q united
States of America corporation,
Res ponden t.
---~----~~~---~----~-~-~-~-~~-~-~~~
IN THE MATTER OF THE CONDEMNATION OF
CERTAIN LANDS FOR CITY STREET PURPOSES
By authority of Minnesota Statutes Chapter 117, I hereby
gertify that the lands herein described have been taken by the
city of New Hope, a Municipal Corporation, in eminent domain
proceedings for city street purposes in conformity with the
requirements of Chapter 117 and of said statutes as amended; that
Commissioners were duly appointed by the Court to ascertain .and
report the amount of damages sustained by the several owners on
account of such taking; that said Commissioners qualified and
made and filed their report of such damages; that appeals from
the awards in said report were taken but were then abandoned;
that all damages, as determined by award, and by agreement of the
parties, have been paid by the City of New Hope; that the
proceedings for the taking of certain rights in said lands are
now complete; and that said City now owns a permanent street
1
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,
. l.
easement over said lands for the purpose of maintaining the same
for city street purposes and has the exclusive control of same.
Said lands are situated in Hennepin County, Minnesota, and
are described in particularity on Exhibit A, attached and
I,
incorporated by reference.
And notice is hereby given that the above-captioned
condemnation proceeding has been completed; that payment for the
taking of lands above described has been made and that the Final
Certificate was executed and approved on the dates shown and
endorsed .hereon.
Dated this day of , 1989.
CITY OF NEW HOPE, a Municipal
Corporation
By
Steven A. Sondrall, #103391
New Hope City Attorney
The above Certificate is hereby approved.
Dated this day of , 1989.
BY THE COURT:
Judge of District Court
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II
Parcel No. 1ST 863 RX (350L)
A permanent easement for roadway purposes over, across and
through the easterly 8 feet of the following described tract or
parcels of land:
Par. 1 : The South 177 feet of t11e West 119 feet of the East 144 ..
. ..
.. feet of the Nortllwest Quarter of tIle Northeast Quarter
of Section 18, Township 118, Range 21, according to the
Government Survey thereof.
Par 2: Tract B, Registered Land Survey No. 324, Files of
Registrar of Titles, County of Hennepin.
:
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EXHIBIT A ..' .\
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"
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o ..
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Parcel No. 18A 864 RX (350L) . \
, \.
A permanent easement for roadway purposes over, across and
I through tIle eastel"ly 8 feet of tlle followiIlg described tract or
parcel of land:
That part of the Enst 1/2 of Nort11west 1/4 of Northeast 1/4 of
. Section 18, 'l"ownsllip 118 J ltnnge 21 J described as follows:
CommeI1cing at a point 9 l"ods 8 1/2 feet \'Vest of tIle center of
the Nortlleast 1/4 of said Sectioll 18 J tllence West 5 rods, thence
North 16 rods, thence East 13 rods. thence South 6 rods, thence
West 8 ;rods, thence South 10 rods to tIle point of beginning, except
that part lying South of State IIigl1WllY No. 55 J and except; That
purt of tIle ]~ast 1/2 of tIle Nortll\vest 1/4 of tIle NOI-tlleast 1/4 of
Section 18, To\vnsllip 118, RUIlge 21, described as follows:
Commencing at a point on tIle Soutll line thereof, distant 157 feet
West frOIn tIle Soutllcnst corllCI~ tIlerear; tllence Nortll pUI-nllel,witll ..
.. ..
..
the Eust lille tIlel"eof II distullce of 165 feet; tllence East parallel with
tIle Soutll lille tllereof a distoI1ce of 13 feet to t11e actual point of
beginnillg of tIle tract of lUlld to be 11creby descl'ibed; tllellce
continuing East parallel witll tIle Soutll line thereof a distance of
119 feet; tllence North parallel ,vitIl tIle East line tl1ereof a distance
of 12 feet; tllence West pnr111lcl v/itll tIle Soutll li11C tllCI'cof ndistllnce
.. of 119 feet; tlleIlce Soutll purE1IIel wit}l tIle l~[lst liI1C tllercof u distance
of 12 feet to the actual point of begilming · Also: rrhnt part of the
East 1/2'of the Nortll\Vest 1/4 of tlle Nort11enst 1/4 of Section 18, Town-
s11ip 118, Ronge 21, described os [0110\"'8: COJnrnCllcillg Elt a point on
tIle South line thereof. 11 distant 157 feet lVest from tIle Soutllellst
corner. thereof; thence North parallel with tIle East line tllereof a
distance of 165'feet; tllence Eust parallel \vitll tlle Soutll lille thel~eof
a distance ,of 13 feet; thence Soutll parallel \vith tlle East line thereof
a. 'distance" of 165 feet'to tIle Soutl1 line tllereof; thence West along the
South line tllereof a distance of 13 feet to tIle pOiJ1tof begirlning,
except tllUt' part talten for County Iligll\VOY No. 9 formerly State
IIighway No. 5.5.
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AFFIDAVIT OF ~~ILING NOTICE OF
PRELIMINARY IMPROVEMENT HEARING
STATE OF ~lINNESOTA)
) 5S
COUNTY OF HENNEPIN) &
Betty Pouliot, first being duly sworn, on oath deposes and says that
she is and 0as on Octob,er 25 9 , 19~~~ the duly qual ified and acting
City Clerk of the City of New Hope, Minnesota; that on said date she mailed
a copy of the attached notice of hearing on STREET AND STORM SEWER
Improvement No. 350 of the
City to the own~r of each parcel 'within the area proposed to be assessed for
said improvement as set forth in said notice, by enclosing a copy of said notice
in each envelope addressed to each such owner, and depositing such envelope In
the United States mails with postage fully prepaid thereon; that the names and
addresses of such own~rs were those appearing as such on the records of the
County Treasurer of Hennepin as of the date 30 days prior to adoption of the
resolution providing for said hearing, except that the names and addresses of
owners 'of parcels not. appearing on such records vlere determined by reference to
maps, plats and other documents. on file in the City Hall of said City, and, to
the extent found to be necessary, by reference to the records of the City Assessor
and the United States Post Office" the r'linneapol is Suburban Directory, and the
published listing of telephone service subscribers in the C;ty~
-
Subscribed and sworn to before me this
day of Novemb€!r 1 9 78.
.
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( NO ta (1 a 1 Sea 1 ) ~ ,:>:.':("~;'~,;,:,: <:;"" ~
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NOTICE OF PUBLIC HEARING FOR PROPOSED
STREET AND STORi\l SE\\1ER IIVIPROVEIVIENT NO. 350
(XYLON AND 45TH A VENUES NO.)
!
City of New Hope, 1\~innesota
1. Notice is hereby given that the City Council of the City of New',
Hope, I\1innesota, ,v ill meet on the 13th day of Novernber, 1978 at 7:00 p.m.
at the City Hall, 4401 Xylon Avenue North 5 in said City for the purpose of
holding a public hearing on a proposed improvement as described herein- "
after.
2. The general nature of the improvement is the construction of
streets, including 9 ton design, 44 feet vvide, 6 inches of bituminous sur-
facing, 10 inches of Class 5 g:ravel base and copcrete curb and gutter, and
storm se'\ver, including the expansion of a ponding area and construction
of a positive t)rpe outflow structure, and all other appurtenant ''larks and
services reasonably required therefor, to serve an area in the City of .
Nevv Hope, County I')f Hennepin, State of IVli11.nesota, described as follows:
Southeast 1/4, Section 7 "
SouthVl€st 1/4, Sectioll 8 "
N orthlvest 1/4, Section 17 ,
North 1/2 of the South\vest 1/4 of Section 17 ,
Northeast 1/4, Section 18,
all ill: TO\\Tnship 118 t Range 21 West.
3. The estimated cost of said improvement is $269,500 e
4. The area proposed to be assessed for the making of said improve-
ment shall include the premises described in paragraph 2, above.
5. All persons interested are i.l1.vited to appear at said hearing for
the purpose of being heard with respect to the making of said improvement.
Dated the 11th day of September, 1978 0
Betty Pouliot
City Clerk-Treasurer
Published in the Ne\v Hope-Plymouth Post 12th and the 19th days of
October, 1978 c
B~,R~, A~ c. ,Jl~, inc. e~r; C~
2335 'kI. t:J~ dI~ 36 OIlO G, Bonestroo, P.E. Lawrence F. Feldsien. P.E.
Robert lV. Rosene, P.E. Glenn R, Cook, P ,E,
Bt Pcud, Af~a 55113 Joseph C, Anderlik, P.E, Keith A. Gordon. P,E,
p~o.696-4600 Bradford A. Lemberg, P.E. Thomas E, Noyes, P.E.
Robert D. Frigaard, P.E. Richard W. Foster, P,E.
Richard E, Turner. P,E, Robert G, Schunicht. P,E,
James C, Olson. P,E, Marvin L, Sorvala, P.E,
Donald C. Burgard!, P,E,
Kenneth R, Meister. P,E.
Charles A, Erickson
Leo M. Pawelsky
Harlan hI. Olson
September 29, 1978
City of Ne'\v Hope
4401 Xylon Ave. N.
New Hope, Mn. 55428
Attn: Mr. Harlyn Larson
Re: File No. 34
Xylon Ave. & 45th Ave.
Improvement Project 350
Dear Mr. Larson:
Enclosed please find revised sheet number 4 for Improvement
Project 350.
This sheet provides for the street improvement to be assessed
as discussed.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Encl.
cc: Wm. Corrick, Atty.
The street improvements are proposed to be assessed to the abutting proper-
ty with a credit given for previous assessments of $lO.OO/assessable foot. There
are 4,800 Lin.ft. of assessable property along the proposed roadway resulting in
a street assessment of $42.25/ft.
AREA TO BE ASSESSED: The area to be assessed is shown on Figure 4f2. The property
to be assessed lies within the following described area.
SE~, Section 7, TI18, R21W, Hennepin County, Minnesota
SW~, Section 8, Tl18, R21W, Hennepin County, Minnesota
NW~ Section 17, T118, R21W, Hennepin County, Minnesota
North ~; swt, Sec. 17, T118, R21W, Hennepin County, Minnesota
NE~, Section 18, T118, R2IW, Hennepin County, Minnesota
CONCLUSION: The construction of 45th Avenue, Xylon Avenue to Winnetka Avenue and
Xylon Avenue, 42nd Avenue to 45th Avenue as Municipal State Aid streets will
alleviate a serious maintenance problem on the city's street system. The construc-
tion of the storm sewer and expansion of the storm water holding pond at 45th
and Winnetka will provide for relief of the flooding problems in the Memory Lane
Drainage District.
It is recommended that the project be constructed as outlined and that a
fiscal and legal review be made prior to a public hearing.
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the
State of Minnesota.
.J~ R ~
Glenn R. Cook
Date: September 8, 1978 Reg. No. 9451
Page 4.
The street improvements are proposed to be assessed to the abutting proper-
ty with a credit given for previous assessments of $lO.OO/assessable foot. There
are 4,800 Lin.ft. of assessable property along the proposed roadway resulting in
a street assessment of $42.2S/ft.
AREA TO BE ASSESSED: The area to be assessed is shown on Figure 1f2. The property
to be assessed lies within the following described area.
SE~, Section 7, Tll8, R21W, Hennepin County, Minnesota
SW~, Section 8, Tll8, R21W, Hennepin County, Minnesota
NW~ Section 17, Tl18, R21W, Hennepin County, Minnesota
North ~, SW~, Sec. 17, Tl18, R21W, Hennepin County, Minnesota
NE%, Section 18, Tl18, R21W, Hennepin County, Minnesota
CONCLUSION: The construction of 45th Avenue) Xylon Avenue to Winnetka Avenue and
Xylon Avenue, 42nd Avenue to 45th Avenue as Municipal State Aid streets will
alleviate a serious maintenance problem on the city's street system. The construc-
tion of the storm sewer and expansion of the storm water holding pond at 45th
and Winnetka will provide for relief of the flooding problems in the Memory Lane
Drainage District.
It is reconnnended that the project be constructed as outlined and that a
fiscal and legal review be made prior to a public hearing.
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the
State of Minnesota.
.J~ R~
Glenn R. Cook
Date: September 8, 1978 Reg. No. 9451
Page 4.
The street improvements are proposed to be assessed to the abutting proper-
ty with a credit given for previous assessments of $lO.OO/assessable foot. There
are 4,800 Lin.ft. of assessable property along the proposed roadway resulting in
a street assessment of $42.25/ft.
AREA TO BE ASSESSED: The area to be assessed is shown on Figure 412. The property
to be assessed lies within the following described area.
SE~, Section 7, Tl18, R21W, Hennepin County, Minnesota
SW~, Section 8, Tl18, R21W, Hennepin County, Minnesota
mv~ Section 17, Tll8, R21W, Hennepin County, Minnesota
North ~, SW~, Sec. 17, Tl18, R21W, Hennepin County, Minnesota
NE~, Section 18, Tl18, R21W, Hennepin County, Minnesota
CONCLUSION: The construction of 45th Avenue, Xylon Avenue to Winnetka Avenue and
Xylon Avenue, 42nd Avenue to 45th Avenue as Municipal State Aid streets will
alleviate a serious maintenance problem on the city's street system. The construc-
tion of the starnl sewer and expansion of the storm water holding pond at 45th
and Winnetka will provide for relief of the flooding problems in the Memory Lane
Drainage District.
It is recommended that the project be constructed as outlined and that a
fiscal and legal review be made prior to a public hearing.
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the
State of Minnesota.
.J~R~
Glenn R. Cook
Date: September 8, 1978 Reg. No. 9451
Page 4.
The street improvements are proposed to be assessed to the abutting proper-
ty with a credit given for previous assessments of $lO.OO/assessable foot. There
are 4,800 Lin.ft. of assessable property along the proposed roadway resulting in
a street assessment of $42.25/ft.
AREA TO BE ASSESSED: The area to be assessed is shown on Figure 412. The property
to be assessed lies within the following described area.
SE~, Section 7, Tl18, R2lW, Hennepin County, Minnesota
SW~, Section 8, Tl18, R21W, Hennepin County, Minnesota
NW~ Section 17, Tl18, R21W, Hennepin County, Minnesota
North ~, SW~, Sec. 17, Tl18, R21W, Hennepin County, Minnesota
NE~, Section 18, Tl18, R21W, Hennepin County, Minnesota
CONCLUSION: The construction of 45th Avenue, Xylon Avenue to Winnetka Avenue and
Xylon Avenue, 42nd Avenue to 45th Avenue as Municipal State Aid streets will
alleviate a serious maintenance problem on the city's street system. The construc-
tion of tile sternl se\\Tcr and expansion of the storm water holding pond at 45th
and Winnetka will provide for relief of the flooding problems in the Memory Lane
Drainage District.
It is recommended that the project be constructed as outlined and that a
fiscal and legal review be made prior to a public hearing.
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the
State of Minnesota.
.'!/~ R~
Glenn R. Cook
Date: September 8, 1978 Reg. No. 9451
Page 4.