HomeMy WebLinkAboutRe: easement �o;�
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�0� 2750 Kelley Parkway P.O. Box 66
Orono, NiN 55356 Crystal Bay, MiV 55323•0066
November 14, 1996
Mr. and Mrs. Doug Hile
2790 Silver View Drive
Long Lake, i�iinnesota 5535b
Dear Mr. and Mrs. Hile:
Thas letter is to confirm the city of Orono's acceptaac�of your settlement terms for the
granting of easements for a bike t�ail and drainage improvements. The settlement terms, as
listed in a FAX from your attorney dated 10/31/96, are as follows:
1. The city to pay a cash payment of$6,9'�0.00 at the time the easement documcnts
are signed.
2. The city�o consmict drainage improvements as indicated on the attached plan.
The drainage improvements are to be constntcted at the time the trail is
constructsd.
3. The city ta construct a board-on-board cedar fence, six feet in h�ight, adjacent
to the bike trai�, running from the southern �ge of the septic drainfzeld to the
north line of the Hile property. The fence is to be canstntcted at the time the
trail�is constructed.
me
The temporary eas�ment required for the bike trail is described as follows: The west
10.0 feet of south 267.5 feet, and the west 25.0 feet of the north 150.0 feet of Lot 1, Block 1,
Meyer Dair-y Addition. �
The per�manent easemern required for the drainage improvements is as follows: The
north 15 feet of the East ifi0 feet of Lot 1, Block 1, Meyer Dairy Addition.
Sincerely, .
_ • ���_.
Ronald J. oorse
City Administratar
Ev�closure
Tdephone (61� 47�7357 • FAX 473-OS10
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CITY of URONO
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��t: �G'�' . RESOLUTION OF THE CITY COUNCIL
� 9kES�I�g' ' NO. � "7 4 � i
A RESOLUTION AUTAORIZING THE TEMPORARY TAKING OF LAND BY
E1VIIlVENT DOMAIN FOR TRAIL EASEMENT PURPOSES FOR THE
OLD CRYSTAL BAY ROAD BIKE/HIKE TRAIL PROJECT
WHEREAS, the City Council has ordered prepazation of a resolution authorizing taking
of land by eminent domain for trail easement purposes at the location hereinafter specified,
therefore, .
BE IT RESOLVED, by the City Council of Orono:
1. That it is hereby determined that the temporary taking of the parcel of Iand set
forth in paragraph 3 hereof is necessary for the public good in order that said
parcel shall be devoted to trail purposes. �
2. That the City shall take by right of eminent domain for trail easement purposes,
the land described in paragraph 3 hereof, and the City Attomey be hereby
authorized and directed to commence proceedings in the District Court of
Hennepin County for appointrnent of Commissioners to determine the damages,
if any, sustained by the respective owner and interests of the parcel affected by
such taking, as authorized by law.
3. That the land above refened to is more particularly described as follows:
The west 10.0 feet of the south 267.5 feet, and the west 25.0 feet of the north 150.0 feet
of the following described property: Lot 1, Block 1, Meyer Dairy Addition, according
to the map or plat thereof on file and of record in the o�ce of the County Recorder, �
Hennepin County, Minnesota (hereinafter referred to as the "Property").
Adopted by the Orono City Council on July 22, 1996.
�
ward 7. C �ahan, r., ayor
ATT T:
\ /t" 1 � .
0 othy M. H lli , City Clerk
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� MINUTES OF THE REGULAR ORONO CITY COUNCII.
MEETING HELD ON JULY 22, 1996
(Mayor/Councit Report - Continued)
Callahan referred to another letter received from Mr. Krogness to Gerhardson.
Gerhardson said the concern was over driveway maintenance that extends into the right-
of-way. Callahan asked Gerhardson to inform Krogness of possihle future changes on
Stubbs Bay Road.
Jabbour said he had spoken with a resident, Dr. Glen Nelson, regarding problems with
the cable company not burying of cable lines on his property and asked Moorse to follow
up_ Maorse said the cable company had informed him they were handling the situation
but said he would follow up on it.
Hurr asked to see the grant being considered for affordable housing prior to Council
approval.
ENGINEER REPORT
Cook had no report.
CITY ADMIlVISTRATOR'S REPORT
(#9) CONDEMNATION RESOLUTIONS TEMPORA.RY#3745 AND
PERMANENT#3746- BIKE TRAIL
Moorse reported that the resolutions were to gain authority to move forward with the
acquisition of easements through the eminent domain process. Easements were identified
on two properties at 2775 and 2790 Silver View Drive. Moorse recommended adoption
of the resolutions.
Goetten said she had no problem with the resolutions but noted resolution 2 did not list
item#3 as shown on the first resolution.
Kelley said it was his understanding that the design of the trail was going to be shown at
this meeting. Goetten said it was still agreed that the City would move forward with the
eminent domain process.
Hurc moved, Goetten seconded, to adopt Resolutions#3745 and #3746, authorizing the
taking of land by eminent domain for trail purposes for the Old Crystal Bay Road
Bike/Hike Trail project at 2775 Silver View Drive and 2790 Silver View Drive.
6
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� 1VIIl�TUTES OF THE REGULAR ORONO CITY COUNCIL
NIEETING HELD ON JULY 22, 1996
(#9 -Bike Trail - Continued)
Kelley said he had a problem with condemning property without knowing exactly what
will be built on the property in question and asked to see the physical plans. Cook noted
that the path was moved outward on the plans. On the Hile property, it will be necessary
to be on the west side of the septic site. He noted if the trail is generally kept in the right-
of-way, some of the trees can be saved and only a temporary easement would be
required. This is not the case for the Brandenburg property. Cook said it would not
matter which route was done as the trees would still need to be removed on the
Brandenburg property. Moorse said he has been speaking with the Brandenburgs and
they are understanding the trail placement. Moorse said the Hiles have a question
regarding drainage. It is Moorse's intent to come to agreement with the Hiles or continue
to move forward with the eminent domain process.
Vote: Ayes 4, Nays l, Kelley.
Callahan received confirmation from Barrett that he found the resolution satisfactory.
(#10) STORMWATER MANAGEMENT PLAN
Moorse reported that at the recent work session, the CounciI discussed the need for a
stormwater management plan. The Council asked Staffto present a proposal, which has
been updated by Bvnestroo from its 1994 proposal. Chanhassen and Chaska were named
as cities who have been well-satisfied with Bonestroo's work on their water management
plans.
Hurr asked if the cost includes taking the plan through the Met Council for adoption.
Cook noted the line item regarding the adoption. Cook said this includes all agencies
involved in the review process to include the Met Council, MCWD, and DNR.
Jabbour inquired what has been spent already. It was clarified that $80,000 has been .
spent for the topography maps, and the additional $108,200 is to be spent on the plan. -
Kelley asked for clarification on the purpose of such a plan. Moorse noted a number of
purposes to include the plan being a tool for planning and implementation of solutions to
stormwater drainage problems. Moorse said the plan would model the stormwater flows
and volumes, and planning can then be accomplished in a more automated manner.
. �