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277924 WHITE - CITY CLERK 1`��l� CANAF�Y - DEPARTMENT r COUIICII �1 �' � BLUE - MAVOR v I Y� O F A I N T �A U L File N O. ' „ n esolution Presented By Referred To Committee: Date Out of Committee By Date Lu�REA5, the City Council by Final Order in Council Resolution C.F. 276998, approved June 6, 1981, did authorize the taking and o�n,de�iation for sewer easc-�ment purposes property described as follaws: A 'Itaenty (20) foot pernnanent easement for public sewer purposes, on, under � and across part of Lot three (3) , Block one (1) Gast�on's Subd.ivision No. l, the centPS lirye of which is described as follvws: Cce�mericing at the Northeast corner of Lot one (1) , Block one (1) , Gaston's Subd.ivision No. 1 as origi.nally platt�ec7.; then�ce South, along the East line of said Lot one (1) , to the point of intersection with a line designat�ed. as line "A"• . Line "A" being forty (40) feet South of and parallel to the North line of Lot one (1) , Block one (1) , Ga.ston's Subdivision No. 1 as originally platted.. Thence West, along said line "A" for a distance of one huncired eight-five arx�. two hundredths (185.02) feet to a point, thence defl�t left, fifty orbe (51) degrees, forty-four (44) minutes, thirty-six (36) seconds, for a distance of one hundred thirty-five and twelve huxx�redths (135.12) feet to a point; thence deflect left, twenty-eight (28) degrees, thirty-seven (37) minutes, forty- nine (49) secor�ls, for a distance of one hundred fifty-five and forty five hundr�lths (155.45) feet to a point of intersection with a line designat�ed as line "B" which is descrilaed belaw, said point of intersection with line "B" also being forty-four ar�c1 fifty hund.redths (44.50) feet East of tY� Westerly line of Lot three (3) , Block one (1) , Gaston's Subdivision No. l, when measured. along said line "B"; said point of intersection with line "B"also being the point of beginning of the cent�xlir� of said twenty (20) foot sewpx eas�ner�.t to be described; then�e continuin,g along the line of last described deflection for a distance of sixty-three and taventy-seven hundredths (63.27) feet to a point of intersection with the Westrerly lirhe of Lot three (3) , Block one (1) , Gaston's Subdivision No. 1, ar�d there tenninating. COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favo[ Maddox McMahon - Showalter - __ Agaltlst Y Tedesco � I l Wilson � r Form Approved by C' Adopted by Council: Date — Certified Passed by Council Secretary � By __ Approved by ;Vlavor. Date _ Ap ov by Mayor for Sub s qnto Council BY -- - – — B t y a` i"? . .,, �� W ��.�.� T,ine "B" being described. as a line drawn fran a point on the East line of Lot three (3) , Block one (1) of Gaston's Subdivision No. 1, two hundred thirty and twenty-nine hundredths (230.29) feet North fran the i.nter- section of the East and South line of Lot four (4) , Block one (1) of sa.id Subd.ivision, said line "B" running Westexly across said Lot three (3) to a point on the Westerly line of said Lot three (3) , two hundred sixty andeight�-threehundredths (260.83) feet Norttxvest of the point of inter- section of the South and West lines of said Lot four (4) . the sides of said ea.sement are to be prolonged or shortened. at their inter- section with said line "B" and the Westerly line of Lot three (3) , Block one (1) , Gaston's Subd.ivision No. 1, is to be dropped. and W�S, the Council by Council Resolution C.F. 277577 adopted October 15, 1981 did authorize d��a.ges in the amount of $200.00 to be paid to the awner of said property; and Wt�REA5, the City did obtain an easement in the above described property as provided in the Order of Judge Charles Flinn, Jr. dated Noverr�ber 17, 1981, and identified in Court File No. 454212; and W�RE:�1S, the Public Works Depart7nent and Eugene and Nancy Gramse, awners of the subject property, have reached an agreement which will allaw the City to con- struct and mainta.i.n the desired sewer easement but on property legally described as follc�ws: All that part of Lot 3, Block 1 of Gaston's Subdivision No. l, lying westerly of a line drawn from a point on Line "B", described belaa, sa.id point being a distance of fifty-six (56) feet Ea.st of the Westerly line of Lot 3, Block 1 of Gaston's Subdivision No. 1 when measured along said line "B", to a point on the Westerly line of said Lot 3, said point be- ing a distance of fifty-two (52) feet Southeasterly of the intersection of Line "B" and the West�xly line of Lpt 3, Block 1, Ga'ston's Subdivision No. 1. Line "B" being described as a line draum frcgn a point on the East line of Lot three (3) , Block one (1) of Gaston's Subdivision No. l, two hundred thirty and twenty-nine hundredths (230.29) feet North from the intersection of the East and South lir� of Lot four (4) , Block one (1) of said Sub- division, said line "B" running Westerly across said Lot three (3) to a point on the Westerly line of said Lot three (3) , tw� hundred sixty and eighty-three hundredths (260.83) feet Northwest of the poi.nt of inter- section of the South and West lines of said Lot four (4) . and -2- l��=� %�-y-�/. �, �. �,y � �.� :;��! ��ratY� Wf�EAS, the Publics Works Departme,nt and the Gramses ha.ve reached an agreeem�.nt that $900.00 wr�uld be the s� of mr�rbey paid to the Gramses as cc�en- sation for said taking; and WHEREAS, the Gramses have agreed to disniss their appeal of the amount of dan�.ges which they previously filed with the District Court, Ramsey County. NOW THEREE'ORE SE IT RESOLUID, that Cour�cil Resolution C.F. 276998 is amended. so as to authorize the City to take and condemn for sewer purl�oses the follawing described property: All that part of Lot 3, Block 1 of Gaston's 5ubdivision No. 1, lying westerly of a line drawn from a point on Line "B", described. belaw, said point being a distance of fifty-six (56) feet East of the Westerly line of L,�t 3, Block 1 of Gaston's SuY�di.vision No. 1 when measured along said line "B", to a point on the Westerly line of sa.id Lot 3, said point being a distance of fifty-tw� (52) feet Southeastexly of the intersection of Line "B" and the Westerly line of Lot 3, Black l�. Gastt�n's Subdivision No. l. Li�e "B" being described as a line drawn fram a point on the Ea.st line of Lot three (3) , Block one (1) of Gaston's Subdivision No. l, two hundred thirty and twenty-nine hundred.ths (230.29) feet North fran the intersection of the East and South line of Lot four (4) , Block one (1) of said Subdivision, said line "B" running Westerly across said Lot three (3) to a point on the Westerly line of said Lot three (3) , two hundred sixty and eight three hundredths (260.83) feet Northwest of the point of intersection of the South and West lines of said Lot four (4) . F'URTHER RESOLUID, that the proper City officials are hereby authorized. and directed to accept fram the Gramses a Deed of Ded.ica.tion of the above property in a form approved by the City AttArney, and that �on receipt of said deed the proper City official shall i�diately file same with the appropriate office of recordation for Ramsey County. BE IT FURTHER RFaSOLUID, that the City shall relin�;�ish any interest it has in Gramse's property resulting from the District Court's Order of Novembe.r 17, 1981 hereinbefore mentioned, upon receipt of the Deed of Dedication frcan the Gramses of the agreed upon easement area:. BE IT FURTHII2 RESOLVID, That the City Council hereby directs the City to pay to the owr�ers the sLUn of $900.00 as ccanpensation for the taking, conditioned upon the City's receipt of the appropriate Deed of Dedication from the Gramses -3- �-�Z�C� ��-1�- �/ WHITE - CITY CLERK � PINK. - FINANCE (((,,, ��''` � CANARY - DEPARTMENT G I TY O F SA I NT ��U L COU[IC1I �������y�A BLU�E - MAYOR �] i File N 0. " Council Resolution Presented By Referred To Committee: Date Out of Committee By Date and upon the Gramse's dismissal of any and all matters relating to their appeal of the City's cond�nnation for this sewer easement conaerning this sewer project. -4- COUNCILMEN Requested by Department of: Yeas Nays � Hunt �e��r,e In Favor Maddox McMahon � showa�ter __ Against Tedesco '�`"°"" JAN 7 1982 Fotm Approved by C' ey Adopted by Council: Date — Certified P s-e b Council cret B 'Z� �� By � Approved by A7avor: D e _ � 82 A�oved by Mayor for Su ' sion to Council ���� ` � BY - — B PUBUSHED JAN 16 1982 � . ._. � � . ° . , ... .<. � .. .. J ._.. ..t -.. �. . . .: .._ ...._.. .-.......� .,, ... .,..,.. .n. ... ,}: . x N!� � , � - . . . . � . . ��?.. . . - . .. . _ . . . .. . . , . ,: ` U11 U1: 1"l,l'19?5 . ` Rev. r ' 3j�-/7'S '- � : ' ��v. � S/?f80 � • � _ E�P�;ANATION 0F ADMINISTR�TIVE qRDLRS, F�v. :' 4/3Q f�3� ; ` � :�ESOLU�TO:dS A�d� QRDINI'�NC�S �� ""__T. � �s - � RE�E[��`�:..� �� : �' �te: Dece�nbe�r 17's 1981 � � ��1; � :�5 1�io� � ��� ' . b- �� ' � � � ., . 1�J�►��RS OF�t�E n �'�-. . `� . M�yor G�crge yati�►er �, ��:' � . x • ,`���,-• . J. Wm. 19c�c�vsa, Valuatioa and Assessment Bng3.neer,� ��ct: �31'7.} D��rtaent of - �' " ' �Fir�nce aud ��gemeat 3ervices _ � �� , � '�' 8a�rer e�semeat ia Ge�ston's Subdivision i�o. 1 �;T t .. . . f_ �.S'' . . . . . . . . . _ . . . . . . 't� r :���4�t, REQUESTED; , - � , , � ,: �A cvs re�oiution to authorize pe4yment of � :� P�' . ��r .for s�►er:ee,se��t. ',� ;,a ' , � ; <�E AbT�? RATZQNALE FOR TI:IS ACTZON: � " � , _ - � . . - Pro�ec� a�t�tmoxized �r Fi�aal Order C.F, 276�8 c9atec� �e 16, 3.981� " , . .,. .. � .. . � . : . � . . . - . . . . � . . . . ..J � . . . . . . -. . ' '.. . , . � . _. . ,''i - . . . � . . . - . . . . . . � . . .;� C � _ _ • �' - � �� , �,� ,, , r �, : � ' � F�*.a�rrc r� :�rs�Ae�: � � � _ . _ _ �9�O.Oa t� be re�nbursed f"rom s�a�ssme�n�s. Pub1 ic Works Pro�:��t Np. 5���!9tf�' ; �-8631 ` 6�408-732-000 : A�1`AC�S: 1.. ReBOlution ; . . ,:`. .. ,. ,, ,. : ; .,