VI.3. Authorize Approval of Appraised Values, Offers of Compensation, and Acquisition by Eminent Domain – Blake Road Improvements, City Project 2013-06; StanleyFebruary 5, 2018 Council Report 2018-027
AUTHORIZE APPROVAL OF APPRAISED VALUES, OFFERS OF
COMPENSATION, AND ACQUISITION BY EMINENT DOMAIN
BLAKE ROAD IMPROVEMENTS
CITY PROJECT 2013-06
Proposed Action
Staff recommends the following motion: “Adopt Resolution 2018-019, Authorizing Approval
of Appraised Values, Offers of Compensation, and Acquisition by Eminent Domain, Blake
Road Improvements, City Project 2013-06.”
Overview
As part of the Blake Road Improvements, several easements are needed to complete the
work, 26 different parcels are affected. The project consultant, WSB & Associates, had
appraisals commissioned during the summer of 2017, and made initial offers to affected
properties last September. Since then, negotiations have been ongoing with the vast majority
of property owners; the city has secured 9 easements at this point and come to terms with
owners on most of the other parcels. However, at this point in order to keep the project on
schedule staff recommends authorizing acquisition by eminent domain on the remaining
parcels.
Authorizing this action allows the city to secure any remaining easements in a 90-day
timeframe. With construction anticipated to begin in May, this will provide necessary access
for the contractor to proceed without delay. Negotiations will remain ongoing over the course
of the 90-day timeframe, and staff anticipates that the majority of the parcels will be settled
without proceeding with eminent domain.
Supporting Documents
•Resolution 2018-019
_______________________________________
Nate Stanley, P.E.
City Engineer
Financial Impact: Budgeted Y/N Source: Related Documents
(CIP, ERP, etc.):
Notes: __________________________________________________________________
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CITY OF HOPKINS, MINNESOTA
RESOLUTION NO. 2018-019
RESOLUTION AUTHORIZING APPROVAL OF APPRAISED
VALUES, OFFERS OF COMPENSATION, AND ACQUISITION BY
EMINENT DOMAIN FOR BLAKE ROAD IMPROVEMENT PROJECT
CITY PROJECT 2013-06
WHEREAS, the City Council deemed it necessary and expedient that the City of
Hopkins, Minnesota (the “City”) construct certain improvements, to-wit: the Blake Road
Reconstruction Project (the “Project”), and by Resolution No. 2015-045, the City Council
accepted the conclusions of the Blake Road Corridor Study and authorized the City to enter into
certain agreements in order to facilitate the Project; and
WHEREAS, the Project includes upgrading and expanding the right-of-way associated
with Blake Road in order to provide for better infrastructure as related to all methods of
transportation, and the Project is necessary to provide for and support continued growth and
development in the areas adjacent to Blake Road; and
WHEREAS, the City Council has recently approved the final plans and specifications
for the Project; and
WHEREAS, it is necessary to acquire certain real property interests, as described and
depicted in Exhibit A attached hereto, in order to install and maintain the Project (collectively,
the “Real Property Interests”); and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, and in the interest of the general welfare that the City acquire title to and possession
of the Real Property Interests in furtherance of the Project; and
WHEREAS, the City Council finds that the construction schedule for the Project makes
it necessary to acquire title to and possession of the Real Property Interests prior to the filing of
the final report of the condemnation commissioners to be appointed by the district court; and
WHEREAS, the City has engaged independent real estate appraisers to provide the City
with the appraisers’ opinions of damages caused by the City’s acquisition of the Real Property
Interests needed for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Hopkins, Minnesota:
1. That the acquisition of the Real Property Interests is necessary and for a public purpose in
furtherance of the Project;
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2. That the proper City officers and agents are authorized and directed to acquire the Real
Property Interests needed for the Project by voluntary negotiation and, if necessary,
through the exercise of the power of eminent domain;
3. That the proper City officers and agents are authorized and directed to make offers of
compensation to the respective landowners for the Real Property Interests needed for the
Project consistent with the independent appraisals, and to attempt to negotiate the
voluntary acquisition of the Real Property Interests;
4. That the law firm of Kennedy & Graven, Chartered, is authorized and directed to take all
steps necessary on behalf of the City to acquire through eminent domain the Real
Property Interests that are not acquired by voluntary negotiation, including filing an
action in eminent domain and using the quick take procedure under Minn. Stat. §
117.042;
5. That the City Engineer is authorized to approve the appraised values for the Real
Property Interests if the City Engineer determines that the independent appraisals
adequately reflect the fair market values thereof for the purposes of Minn. Stat. §
117.042.
Approved this 5th day of February, 2018, by the City Council of the City of Hopkins, Minnesota.
CITY OF HOPKINS, MINNESOTA
Attest:
Molly Cummings, Mayor
Amy Domeier, City Clerk
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EXHIBIT A
LEGAL DESCRIPTIONS AND SKETCHES
OF THE PROPERTY INTERESTS TO BE ACQUIRED
(attached on the following pages)
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Parcel No. 2-1
That part of the following described parcel of land in the City of Hopkins:
That part of Lot 1, Block 1, The Blake School, Hennepin County, Minnesota.
Which lies within the following permanent easement for drainage, trail, wall, and utility
purposes:
A permanent easement for drainage, trail, wall, and utility purposes, over, under, and across that
part of Lot 1, Block 1, THE BLAKE SCHOOL, except that part thereof designated as permanent
easement for sidewalk and utility, Document No. 4165630, files of the Registrar of Titles,
County of Hennepin , which lies easterly of the following described line: Commencing at the
Northerly Corner of said Lot 1; thence South 74 degrees 54 minutes 42 seconds West, assumed
bearing along the north line thereof, 10.97 feet; thence South 15 degrees 05 minutes 18 seconds
East, 6.48 feet to the beginning of the line to be hereinafter described; thence southerly along a
non-tangential curve, concave to the west, 42.96 feet, having a radius of 32.34 feet, a central
angle of 76 degrees 07 minutes 21 seconds, a chord bearing of South 36 degrees 14 minutes 34
seconds East, and a chord distance of 39.87 feet; thence southerly along a non-tangential curve,
concave to the east, 161.47 feet, having a radius of 1939.24 feet, a central angle of 04 degrees 46
minutes 14 seconds, a chord bearing of South 00 degrees 25 minutes 55 seconds West, and a
chord distance 161.42 feet; thence South 01 degrees 57 minutes 12 seconds East, tangent to last
described curve, 197.04 feet; thence southerly along a tangential curve, concave to the west,
36.65 feet, having a radius of 969.33 feet, and a central angle of 02 degrees 09 minutes 59
seconds; thence South 00 degrees 12 minutes 47 seconds West, tangent to last described curve,
141.48 feet; thence South 89 degrees 35 minutes 27 seconds East, 9.05 feet to the easterly line of
said Lot 1 and there terminating.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes, over, under, and across that part of Lot 1,
Block 1, THE BLAKE SCHOOL, described as follows: Commencing at the Northerly Corner of
said Lot 1; thence South 74 degrees 54 minutes 42 seconds West, assumed bearing along the
north line thereof, 10.97 feet; thence South 15 degrees 05 minutes 18 seconds East, 6.48 feet to
the beginning of the line to be hereinafter described; thence southerly along a non-tangential
curve, concave to the west, 42.96 feet, having a radius of 32.34 feet, a central angle of 76 degrees
07 minutes 21 seconds, a chord bearing of South 36 degrees 14 minutes 34 seconds East, and a
chord distance of 39.87 feet; thence southerly along a non-tangential curve, concave to the east,
161.47 feet, having a radius of 1939.24 feet, a central angle of 04 degrees 46 minutes 14 seconds,
a chord bearing of South 00 degrees 25 minutes 55 seconds West, and a chord distance 161.42
feet; thence South 01 degrees 57 minutes 12 seconds East, tangent to last described curve, 197.04
feet; thence southerly along a tangential curve, concave to the west, 36.65 feet, having a radius of
969.33 feet, and a central angle of 02 degrees 09 minutes 59 seconds; thence South 00 degrees
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12 minutes 47 seconds West, tangent to last described curve, 141.48 feet; thence South 89
degrees 35 minutes 27 seconds East, 9.05 feet to the east line of said Lot 1; thence South 00
degrees 24 minutes 33 seconds West, along said east line, 15.55 feet; thence North 89 degrees 35
minutes 27 seconds West, 14.00 feet; thence North 00 degrees 12 minutes 47 seconds East, 88.70
feet; thence North 89 degrees 47 minutes 13 seconds West, 5.00 feet; thence North 00 degrees 12
minutes 47 seconds East, 68.31 feet; thence northerly, along a tangential curve, concave to the
west, 36.27 feet, having a radius of 959.33 feet, and a central angle of 02 degrees 09 minutes 59
seconds; thence North 01 degrees 57 minutes 12 seconds West, tangent to last described curve,
157.44 feet; thence North 88 degrees 02 minutes 48 seconds East, 5.00 feet; thence North 01
degrees 57 minutes 12 seconds West, 39.59 feet; thence northerly along a tangential curve,
concave to the east, 161.80 feet, having a radius of 1943.84 feet, and a central angle of 04
degrees 46 minutes 09 seconds; thence northwesterly along a reverse curve, concave to the
southwest, 36.32 feet, having a radius of 27.34 feet, and a central angle of 76 degrees 07 minutes
21 seconds; thence North 74 degrees 18 minutes 14 seconds West, 8.64 feet; thence North 75
degrees 38 minutes 39 seconds East, not tangent to last described curve, 9.98 feet to the point of
beginning.
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Parcel No. 2-2
That part of the following described parcel of land in the City of Hopkins:
That part of Lot 1, Block 1, and Outlot A The Blake School.
Which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes, over, under, and across that part of Lot 1,
Block 1, and Outlot A, THE BLAKE SCHOOL, which lies easterly of the following described
line: Commencing at the Southeast Corner of said Outlot A; thence North 89 degrees 13 minutes
49 seconds West, assumed bearing along the south line thereof, 5.00 feet to the point of
beginning of said line to be described; thence North 00 degrees 24 minutes 33 seconds East,
1014.83 feet; thence North 89 degrees 35 minutes 27 seconds West, 5.00 feet; thence North 00
degrees 24 minutes 33 seconds East, 120.01 feet; thence South 89 degrees 35 minutes 27 seconds
East, 10.00 feet to the east line of said Lot 1 and there terminating.
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Parcel No. 3
That part of the following described parcel of land in the City of Hopkins:
Lot 3, Block 1, Hopkins Commerce Center Addition, Hennepin County, Minnesota.
Which lies within the following permanent easement for trail, wall, and utility purposes:
A permanent easement for trail, wall, and utility purposes, over, under, and across that part of
Lot 3, Block 1, HOPKINS COMMERCE CENTER ADDITION, except that part thereof
designated as permanent easement for highway purposes, Document No. 6919606, files of the
Registrar of Titles, County of Hennepin, which lies easterly of the following described line:
Commencing at the Northeast Corner of said Lot 3; thence North 89 degrees 28 minutes 56
seconds West, assumed bearing along the north line thereof, 17.57 feet to the point of beginning
of the line to be hereinafter described; thence southerly, along a non-tangential curve, concave to
the east, 2.66 feet, having a radius of 1395.87 feet, a central angle of 00 degrees 06 minutes 33
seconds, a chord bearing of South 04 degrees 58 minutes 46 seconds West, and a chord distance
of 2.66 feet; thence South 03 degrees 22 minutes 04 seconds East, 47.97 feet; thence South 04
degrees 49 minutes 32 seconds West, 24.31 feet; thence North 85 degrees 10 minutes 28 seconds
West, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 55.25 feet; thence South
85 degrees 10 minutes 28 seconds East, 5.83 feet; thence South 04 degrees 49 minutes 32
seconds West, 7.73 feet; thence North 85 degrees 10 minutes 28 seconds West, 2.50 feet; thence
South 04 degrees 49 minutes 32 seconds West, 9.66 feet; thence South 85 degrees 10 minutes 28
seconds East, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds West, 25.51 feet; thence
South 49 degrees 49 minutes 32 seconds West, 5.66 feet; thence North 85 degrees 10 minutes 28
seconds West, 19.34 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet;
thence South 85 degrees 10 minutes 28 seconds East, 23.18 feet; thence South 04 degrees 49
minutes 32 seconds West, 27.33 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.51
feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence South 49 degrees 58
minutes 22 seconds East, 6.94 feet; thence South 04 degrees 49 minutes 32 seconds West, 49.53
feet to said permanent easement for highway purposes and there terminating.
Also which lies within the following permanent easement for drainage and utility purposes:
A permanent easement for drainage and utility purposes, over, under, and across that part of Lot 3,
Block 1, HOPKINS COMMERCE CENTER ADDITION, is described as follows: Commencing at the Northeast
Corner of said Lot 3; thence North 89 degrees 28 minutes 56 seconds West, assumed bearing along the
north line thereof, 17.57 feet; thence southerly, along a non-tangential curve, concave to the east, 2.66
feet, having a radius of 1395.87 feet, a central angle of 00 degrees 06 minutes 33 seconds, a chord
bearing of South 04 degrees 58 minutes 46 seconds West, and a chord distance of 2.66 feet; thence
South 03 degrees 22 minutes 04 seconds East, 47.97 feet; thence South 04 degrees 49 minutes 32
seconds West, 24.31 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.83 feet; thence
South 04 degrees 49 minutes 32 seconds West, 55.25 feet; thence South 85 degrees 10 minutes 28
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seconds East, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 7.73 feet; thence North
85 degrees 10 minutes 28 seconds West, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds
West, 9.66 feet; thence South 85 degrees 10 minutes 28 seconds East, 2.50 feet; thence South 04
degrees 49 minutes 32 seconds West, 25.51 feet; thence South 49 degrees 49 minutes 32 seconds West,
5.66 feet; thence North 85 degrees 10 minutes 28 seconds West, 19.34 feet; thence South 04 degrees 49
minutes 32 seconds West, 2.83 feet; thence South 85 degrees 10 minutes 28 seconds East, 23.18 feet;
thence South 04 degrees 49 minutes 32 seconds West, 27.33 feet; thence North 85 degrees 10 minutes
28 seconds West, 5.51 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence
South 49 degrees 58 minutes 22 seconds East, 6.94 feet to the point of beginning of said easement to be
described; thence North 49 degrees 58 minutes 22 seconds West, 5.10 feet; thence South 04 degrees 49
minutes 32 seconds West, 7.03 feet; thence South 85 degrees 10 minutes 28 seconds East, 4.17 feet;
thence North 04 degrees 49 minutes 32 seconds East, 4.09 feet to the point of beginning.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes, over, under, and across that part of Lot 3,
Block 1, HOPKINS COMMERCE CENTER ADDITION, described as follows: Commencing at
the Northeast Corner of said Lot 3; thence North 89 degrees 28 minutes 56 seconds West,
assumed bearing along the north line thereof, 17.57 feet to the point of beginning of the line to be
hereinafter described; thence southerly, along a non-tangential curve, concave to the east, 2.66
feet, having a radius of 1395.87 feet, a central angle of 00 degrees 06 minutes 33 seconds, a
chord bearing of South 04 degrees 58 minutes 46 seconds West, and a chord distance of 2.66
feet; thence South 03 degrees 22 minutes 04 seconds East, 47.97 feet; thence South 04 degrees
49 minutes 32 seconds West, 24.31 feet; thence North 85 degrees 10 minutes 28 seconds West,
5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 55.25 feet; thence South 85
degrees 10 minutes 28 seconds East, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds
West, 7.73 feet; thence North 85 degrees 10 minutes 28 seconds West, 2.50 feet; thence South 04
degrees 49 minutes 32 seconds West, 9.66 feet; thence South 85 degrees 10 minutes 28 seconds
East, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds West, 25.51 feet; thence South
49 degrees 49 minutes 32 seconds West, 5.66 feet; thence North 85 degrees 10 minutes 28
seconds West, 19.34 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet;
thence South 85 degrees 10 minutes 28 seconds East, 23.18 feet; thence South 04 degrees 49
minutes 32 seconds West, 27.33 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.51
feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence South 49 degrees 58
minutes 22 seconds East, 6.94 feet; thence South 04 degrees 49 minutes 32 seconds West, 49.53
feet to said permanent easement for highway purposes; thence southerly, along said permanent
easement, on a non-tangential curve, concave to the northwest, 0.82 feet, having a radius of
121.39 feet, a central angle of 00 degrees 23 minutes 16 seconds, a chord bearing of South 15
degrees 51 minutes 09 seconds West, and a chord distance of 0.82 feet; thence North 71 degrees
55 minutes 34 seconds West, not tangent to last described curve, 4.85 feet; thence North 11
degrees 48 minutes 45 seconds East, 1.71 feet; thence North 04 degrees 49 minutes 32 seconds
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East, 35.44 feet; thence North 85 degrees 10 minutes 28 seconds West, 7.50 feet; thence North
04 degrees 49 minutes 32 seconds East, 11.42 feet; thence North 85 degrees 10 minutes 28
seconds West, 13.17 feet; thence North 04 degrees 49 minutes 32 seconds East, 35.83 feet;
thence North 00 degrees 07 minutes 35 seconds West, 4.57 feet; thence North 89 degrees 52
minutes 25 seconds East, 20.25 feet; thence North 00 degrees 30 minutes 10 seconds East,
121.09 feet; thence South 89 degrees 29 minutes 50 seconds East, 9.27 feet; thence North 01
degrees 20 minutes 30 seconds East, 50.65 feet to the north line of said Lot 3; thence South 89
degrees 28 minutes 56 seconds East, along said north line, 1.70 feet to the point of beginning.
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Parcel No. 4
That part of the following described parcel of land in the City of Hopkins:
Lot 2, Block 1, Standal First Addition, Hennepin County, Minnesota.
Which lies within the following permanent easement for trail and utility purposes:
A permanent easement for trail and utility purposes, over, under, and across that part of Lot 2,
Block 1, STANDAL FIRST ADDITION, which lies easterly of the following described line:
Commencing at the Northeast Corner of said Lot 2; thence North 89 degrees 27 minutes 34
seconds West, assumed bearing along the north line thereof, 14.89 feet to the beginning of said
line to be hereinafter described; thence South 00 degrees 37 minutes 21 seconds East, 6.83 feet;
thence southerly, along a tangential curve, concave to the west, 135.15 feet, having a radius of
1395.87 feet, and a central angle of 05 degrees 32 minutes 51 seconds to the south line of said
Lot 2 and there terminating.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes, over, under, and across that part of Lot 2,
Block 1, STANDAL FIRST ADDITION, described as follows: Commencing at the Northeast
Corner of said Lot 2; thence North 89 degrees 27 minutes 34 seconds West, assumed bearing
along the north line thereof, 14.89 feet to the beginning of said line to be hereinafter described;
thence South 00 degrees 37 minutes 21 seconds East, 6.83 feet; thence southerly, along a
tangential curve, concave to the west, 135.15 feet, having a radius of 1395.87 feet, and a central
angle of 05 degrees 32 minutes 51 seconds to the south line of said Lot 2; thence North 89
degrees 28 minutes 54 seconds West, along said south line, 1.70 feet; thence North 01 degrees 20
minutes 30 seconds East, 5.05 feet; thence northerly, along a non-tangential curve, concave to
the west, 37.90 feet, having a radius of 1234.55 feet, a central angle of 01 degrees 45 minutes 32
seconds, a chord bearing of North 03 degrees 56 minutes 39 seconds East, and a chord distance
of 37.90 feet; thence North 89 degrees 37 minutes 21 seconds West, not tangent to last described
curve, 9.80 feet; thence North 00 degrees 22 minutes 39 seconds East, 99.02 feet to the north line
of said Lot 2; thence South 89 degrees 27 minutes 34 seconds East, along said north line, 13.11
feet to the point of beginning.
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Parcel No. 21
That part of the following described parcel of land in the City of Hopkins:
Tract B, Registered Land Survey No. 1241, Hennepin County, Minnesota.
Which lies within the following permanent easement for trail, wall, and utility purposes:
A permanent easement for trail, wall, and utility purposes, over, under, and across that part of
Tract B, Registered Land Survey No. 1241, which lies easterly of the following described line:
Commencing at the Northeast Corner of said Tract B; thence North 88 degrees 33 minutes 54
seconds West, assumed bearing along the north line thereof, 8.80 feet to the point of beginning
of said line to be hereinafter described; thence South 00 degrees 16 minutes 17 seconds West,
94.13 feet; thence North 89 degrees 56 minutes 47 seconds East, 2.60 feet; thence South 00
degrees 23 minutes 27 seconds West, 60.53 feet; thence South 78 degree 15 minutes 34 seconds
East, 6.12 feet to the east line of said Tract B and there terminating.
Also which lies within the following permanent easement for drainage and utility purposes:
A permanent easement for drainage and utility purposes, over, under, and across that part of
Tract B, Registered Land Survey No. 1241, is described as follows: Commencing at the
Northeast Corner of said Tract B; thence North 88 degrees 33 minutes 54 seconds West, assumed
bearing along the north line thereof, 8.80 feet to the point of beginning of said tract to be
hereinafter described; thence continue North 88 degrees 33 minutes 54 seconds West, along said
north line, 9.00 feet; thence South 00 degrees 17 minutes 29 seconds West, 11.46 feet; thence
South 89 degrees 42 minutes 31 seconds East, 9.00 feet; thence North 00 degrees 16 minutes 17
seconds East, 11.28 feet to the point of beginning.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes, over, under, and across that part of Tract B,
RLS No. 1241, described as follows: Commencing at the Northeast Corner of said Tract B;
thence North 88 degrees 33 minutes 54 seconds West, assumed bearing along the north line
thereof, 8.80 feet to the point of beginning of said tract to be hereinafter described; thence
continue North 88 degrees 33 minutes 54 seconds West, along said north line, 9.00 feet; thence
South 00 degrees 17 minutes 29 seconds West, 11.46 feet; thence South 89 degrees 42 minutes
31 seconds East, 9.00 feet; thence South 00 degrees 16 minutes 17 seconds West, of 94.13 feet;
thence North 89 degrees 56 minutes 47 seconds East, 2.60 feet; thence South 00 degrees 23
minutes 27 seconds West, 60.53 feet; thence South 78 degree 15 minutes 34 seconds East, 6.12
feet to the east line of said Tract B; thence South 00 degrees 23 minutes 28 seconds West, along
the east line thereof, 35.70 feet to the southeast corner of said Tract B; thence North 78 degrees
15 minutes 34 seconds West, along the south line thereof, 15.30 feet; thence North 00 degrees 23
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minutes 27 seconds East, 172.71 feet; thence North 89 degrees 28 minutes 25 seconds West, 7.78
feet; thence North 00 degrees 08 minutes 41 seconds West, 16.06 feet to the north line of said
Tract B; thence South 88 degrees 33 minutes 54 seconds East, along said north line, 5.13 feet to
the point of beginning.
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Parcel No. 22
That part of the following described parcel of land in the City of Hopkins:
Tract CC, Registered Land Survey No. 1058, Hennepin County, Minnesota.
Which lies within the following permanent easement for trail, wall, and utility purposes:
A permanent easement for trail, wall, and utility purposes, over, under, and across that part of
Tract CC, Registered Land Survey No. 1058, which lies easterly of the following described line:
Commencing at the Southeast Corner of said Tract CC; thence North 88 degrees 33 minutes 54
seconds West, assumed bearing along the south line thereof, 8.80 feet to the point of beginning
of said line to be hereinafter described; thence North 00 degrees 17 minutes 29 seconds East,
25.05 feet; thence North 90 degrees 00 minutes 00 seconds East, 3.00 feet; thence North 00
degrees 17 minutes 29 seconds East, 7.85 feet and there terminating.
Also which lies within the following permanent easement for drainage and utility purposes:
A permanent easement for drainage and utility purposes, over, under, and across that part of
Tract CC, Registered Land Survey No. 1058, described as follows: Commencing at the Southeast
Corner of said Tract CC; thence North 88 degrees 33 minutes 54 seconds West, assumed bearing
along the south line thereof, 8.80 feet to the point of beginning of said tract to be hereinafter
described; thence North 00 degrees 17 minutes 29 seconds East, 25.05 feet; thence North 90
degrees 00 minutes 00 seconds East, 3.00 feet; thence North 00 degrees 17 minutes 29 seconds
East, 5.98 feet; thence North 89 degrees 42 minutes 31 seconds West, 12.00 feet; thence South
00 degrees 17 minutes 29 seconds West, 30.88 feet to the south line of said Tract CC; thence
South 88 degrees 33 minutes 54 seconds East, along said south line, 9.00 feet to the point of
beginning.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes, over, under, and across that part of Tract CC,
RLS No. 1058, described as follows: Commencing at the Southeast Corner of said Tract CC;
thence North 88 degrees 33 minutes 54 seconds West, assumed bearing along the south line
thereof, 17.80 to the point of beginning of said tract to be described; thence continue North 88
degrees 33 minutes 54 seconds West, along said south line, 5.13 feet; thence North 00 degrees 08
minutes 41 seconds West, 48.64 feet; thence South 78 degrees 46 minutes 49 seconds West,
12.94 feet; thence North 11 degrees 13 minutes 11 seconds West, 15.00 feet to the northerly line
of said Tract CC; thence North 78 degrees 22 minutes 16 seconds East, along said northerly line,
13.79 feet; thence southeasterly, along a non-tangential curve, concave to the southwest, 36.94
feet, having a radius of 90.00 feet, a central angle of 23 degrees 31 minutes 03 seconds, a chord
bearing of South 32 degrees 08 minutes 51 seconds East, and a chord distance of 36.68 feet;
thence South 00 degrees 17 minutes 29 seconds West, 1.87 feet; thence North 89 degrees 42
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minutes 31 seconds West, 12.00 feet; thence South 00 degrees 17 minutes 29 seconds West,
30.88 feet to the point of beginning.
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Parcel No. 25
That part of the following described parcel of land in the City of Hopkins:
Lot 33, Preston's Interlachen Park, Hennepin County, Minnesota.
Which lies within the following temporary easement for construction purposes:
The West 5.00 feet of the North 40.00 feet of Lot 33, Preston’s Interlachen Park, according to the
recorded plat thereof.
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Parcel No. 27
That part of the following described parcel of land in the City of Hopkins:
The South 35 feet of the following described property:
All that part of Lot 77, Auditor’s Subdivision Number 239, Hennepin County, Minnesota,
described
as follows: Commencing at a point in the centerline of Excelsior Boulevard 30.01 feet West,
measured along the center line from the point of intersection of said centerline with the East line
of Lot 77 extended; thence South along a line parallel with and distant 30 feet West of the East
line of said Lot 77 a distance of 127 feet; thence West along a line parallel with the South line of
said Lot 77 a distance of 100 feet to the point of beginning of the tract to be described; thence
North along a line parallel with the East line of said Lot 77 to the North line of said Lot 77;
thence
Westerly along the North line of Lot 77 to the Northwest corner thereof; thence South along the
West line of said lot to a point 45 feet North of the Southwest corner of said lot; thence East
parallel with the South line of said Lot, 133 feet; thence North parallel with said West line of
said
lot to the intersection with a line drawn from the actual point of beginning parallel with the South
line of said Lot; thence East in a straight line to the actual point of beginning.
AND
That part of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Minnesota, heretofore
described as follows: All that part of the Northeast Quarter of the Southeast Quarter of Section
19, Township 117 North, Range 21 West of the 5th Principal Meridian described as follows to
wit:
Beginning at a point that is 277.2 feet North of the South line of said tract and 33 feet East of the
West line of said tract; thence East parallel to the South line of said tract a distance of 133 feet;
thence North parallel to the West line of said tract a distance of 45 feet; thence West parallel to
the South line of said tract a distance of 133 feet; thence South to the point of beginning except
that part thereof which is designated and delineated as Parcel No. 24, Hennepin County Right of
Way Map No. 2.
Which lies within the following permanent easement for trail, wall, and utility purposes:
Beginning at the Southwest Corner of Lot 77, Auditor’s Subdivision Number 239; thence North
03 degrees 51 minutes 04 seconds East, assumed bearing along the west line thereof, 15.94 feet;
thence North 12 degrees 31 minutes 38 seconds East, 18.01 feet; thence South 04 degrees 49
minutes 32 seconds West, 33.61 feet to the south line of said Lot 77; thence North 89 degrees 35
minutes 53 seconds West, 2.15 feet to the point of beginning.
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Also which lies within the following temporary easement for construction purposes:
Commencing at the Southwest Corner of Lot 77, Auditor’s Subdivision Number 239; thence
South 89 degrees 35 minutes 53 seconds East, assumed bearing along the south line thereof, 2.15
feet to the point of beginning; thence continuing South 89 degrees 35 minutes 53 seconds East,
along said south line, 5.01 feet; thence North 04 degrees 49 minutes 32 seconds East, 70.20 feet;
thence South 12 degrees 31 minutes 38 seconds West, 37.31 feet; thence South 04 degrees 49
minutes 32 seconds West, 33.61 feet to the point of beginning.
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Parcel No. 29
That part of the following described parcel of land in the City of Hopkins:
Lot 76, Auditor's Subdivision No. 239, Hennepin County, Minnesota, except the East 635.00 feet
thereof, LESS Parcel No. 27 Hennepin County Right of Way Map No. 2, which lies Southerly of
the
following described line:
Commencing at the Southeast corner of the above described property; thence on an assumed
bearing of North, along the East line of said property, a distance of 353.01 feet to the beginning
of the line to be described; thence on a bearing of West a distance of 25.00 feet; thence; North
25 degrees 23 minutes and 20 seconds West a distance of 13.00 feet; thence South 64 degrees
36 minutes and 40 seconds West a distance of 227.39 feet; thence Westerly a distance of 90.79
feet along a tangential curve concave of the North having a radius of 187.00 feet and a central
angle of 27 degrees 49 minutes and 07 seconds; thence North 87 degrees 34 minutes and 13
seconds West, tangent to said curve, a distance of 271.32 feet to the West line of said Lot 76,
and said line there terminating.
Also which lies within the following temporary easement for construction purposes:
Commencing at the Southwest Corner of Lot76, Auditor’s Subdivision Number 239; thence
North 00 degrees 21 minutes 18 seconds East, assumed bearing along the west line thereof,
273.09 feet; thence South 87 degrees 47 minutes 33 seconds East, 23.19 feet to the easterly Right
of Way line of Hennepin County State Aid Highway Number 20, as is on file and of record in the
Office of the Recorder, Hennepin County, Minnesota, which is the point of beginning of said
tract to be described; thence South 87 degrees 47 minutes 33 seconds East, 2.91 feet; thence
South 04 degrees 49 minutes 32 seconds West, 184.97 feet; thence northeasterly, along a non-
tangential curve, concave to the east, 17.07 feet, having a radius of 72.58 feet, a central angle of
13 degrees 28 minutes 25 seconds, a chord bearing of North 02 degrees 29 minutes 17 seconds
West, and a chord distance of 17.03 feet; thence North 06 degrees 09 minutes 29 seconds East,
tangent to last curve, 20.60 feet; thence northerly along a tangential curve, concave to the west,
147.38 feet, having a radius of 2337.83 feet, and a central angle of 03 degrees 36 minutes 44
seconds to the point of beginning.
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Parcel No. 30
That part of the following described parcel of land in the City of Hopkins:
Lots 75 and 76, Auditor's Subdivision No. 239, Hennepin County, Minnesota, except the East
635.00 feet thereof and except the Northwesterly 30 feet of the remainder of said property.
Which lies Northerly of the following described line:
Commencing at the Southeast corner of the above described property; thence on an assumed
bearing of North, along the East line of said property, a distance of 353.01 feet to the beginning
of the line to be described; thence on a bearing of West a distance of 25.00 feet; thence; North
25 degrees 23 minutes and 20 seconds West a distance of 13.00 feet; thence South 64 degrees
36 minutes and 40 seconds West a distance of 227.39 feet; thence Westerly a distance of 90.79
feet along a tangential curve concave of the North having a radius of 187.00 feet and a central
angle of 27 degrees 49 minutes and 07 seconds; thence North 87 degrees 34 minutes and 13
seconds West, tangent to said curve, a distance of 354.49 feet to the West line of said Lot 76,
and said line there terminating.
Also which lies within the following temporary easement for construction purposes:
A 5.00 foot strip of land lying easterly of the following described line:
Beginning at a point on the easterly Right of Way line of Hennepin County State Aid Highway
Number 20, as is on file and of record in the Office of the County Recorder, Hennepin County,
Minnesota, 192.71 feet south from the intersection of said easterly right of way line and the north
line of said Lot 76; thence South 00 degrees 21 minutes 55 seconds West, assumed bearing along
said easterly Right of Way line, 141.20 feet and there terminating.
And
Beginning at a point on the easterly Right of Way line of Hennepin County State Aid Highway
Number 20, as is on file and of record in the Office of the County Recorder, Hennepin County,
Minnesota, 343.90 feet south from the intersection of said easterly right of way line and the north
line of said Lot 76; thence South 00 degrees 21 minutes 53 seconds West, assumed bearing along
said right of way line, 18.21 feet; thence southerly, along a tangential curve, concave to the west,
63.00 feet, having a radius of 2337.83 feet, and a central angle of 01 degree 32 minutes 38
seconds; thence South 87 degrees 47 minutes 33 seconds East, 10.00 feet; thence North 00
degrees 57 minutes 53 seconds East, 81.53 feet; thence North 89 degrees 38 minutes 07 seconds
West, 10.00 feet to the point of beginning.
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Parcel No. 34
That part of the following described parcel of land in the City of Hopkins:
Lot 74, Auditor's Subdivision No. 239, Hennepin County, Minnesota, except that part of said Lot
74 which is designated and delineated as Parcel 29, Hennepin County Right of Way Map No. 2,
Hennepin County, Minnesota.
Which lies within the following permanent easement for trail, wall, and utility purposes:
A permanent easement for trail and utility purposes over that part of said Lot 74 lying westerly
of the following described line:
Commencing at the Northwest Corner of said Lot 74; thence North 64 degrees 25 minutes 32
seconds East, assumed bearing along the north line thereof, 17.10 feet to the point of beginning
of said line to be described; thence South 03 degrees 03 minutes 00 seconds East, 95.74 feet;
thence southerly, along a tangential curve, concave to the west, 477.19 feet, having a radius of
8542.93 feet and a central angle of 03 degrees 12 minutes 02 seconds; thence South 89 degrees
50 minutes 59 seconds East, 8.00 feet; thence South 00 degrees 02 minutes 00 seconds West,
120.39 feet; thence North 89 degrees 57 minutes 33 seconds West, 8.00 feet; thence South 00
degrees 02 minutes 27 seconds West, 302.60 feet and there terminating.
Except Parcel 29 and 29 B Hennepin County Right of Way Map Number 2 according to the
recorded plat thereof.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes easterly of Line A and westerly of Line B, said
lines are described as follows:
Line A:
Commencing at the Northwest Corner of said Lot 74; thence North 64 degrees 25 minutes 32
seconds East, assumed bearing along the north line thereof, 17.10 feet to the point of beginning
of said line to be described; thence South 03 degrees 03 minutes 00 seconds East, 95.74 feet;
thence southerly, along a tangential curve, concave to the west, 477.19 feet, having a radius of
8542.93 feet and a central angle of 03 degrees 12 minutes 02 seconds; thence South 89 degrees
50 minutes 59 seconds East, 8.00 feet; thence South 00 degrees 02 minutes 00 seconds West,
120.39 feet; thence North 89 degrees 57 minutes 33 seconds West, 8.00 feet; thence South 00
degrees 02 minutes 27 seconds West, 302.60 feet and there terminating.
Line B:
Commencing at the Northwest Corner of said Lot 74; thence North 64 degrees 25 minutes 32
seconds East, assumed bearing along the north line thereof, 63.65 feet to the point of beginning
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of said line to be described; thence South 03 degrees 03 minutes 00 seconds East, 113.57 feet;
thence southerly, along a tangential curve, concave to the west, 463.15 feet, having a radius of
8585.93 feet and a central angle of 03 degrees 05 minutes 27 seconds; thence South 00 degrees
02 minutes 27 seconds West, 418.71 feet and there terminating.
Except Parcel 29 B Hennepin County Right of Way Map Number 2 according to the recorded
plat thereof.
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Parcel No. 35
That part of the following described parcel of land in the City of Hopkins:
That part of Lot 70, Auditor's Subdivision Number 239, Hennepin County, Minnesota, lying
Southwesterly of Minnehaha Creek, except that portion conveyed to Hennepin County for
highway purposes.
Which lies within the following permanent easement for trail, wall, and utility purposes:
Commencing at the Southwest Corner of said Lot 70; thence South 89 degrees 16 minutes 41
seconds East, assumed bearing along the south line thereof, 66.55 feet to the point of beginning
of said tract to be described; thence North 11 degrees 59 minutes 44 seconds West, 15.24 feet;
thence North 02 degrees 54 minutes 42 seconds West, 42.83 feet; thence northerly, along a
tangential curve, concave to the east, 15.83 feet, having a radius of 5683.58 feet, and a central
angle of 00 degrees 09 minutes 34 seconds; thence North 86 degrees 26 minutes 33 seconds East,
6.38 feet; thence South 03 degrees 33 minutes 27 seconds East, 4.93 feet; thence South 03
degrees 03 minutes 00 seconds East, 65.92 feet; thence South 84 degrees 01 minutes 20 seconds
East, 37.18 feet to the south line of said Lot 70; thence North 89 degrees 16 minutes 41 seconds
West, along said south line 41.04 feet to the point of beginning.
Also which lies within the following temporary easement for construction purposes:
Commencing at the Southwest Corner of said Lot 70; thence South 89 degrees 16 minutes 41
seconds East, assumed bearing along the south line thereof, 107.59 feet to the point of beginning
of said tract to be described; thence North 64 degrees 25 minutes 32 seconds East, 11.29 feet;
thence North 89 degrees 16 minutes 41 seconds West, 32.22 feet; thence North 03 degrees 03
minutes 00 seconds West, 65.37 feet; thence northerly, along a tangential curve, concave to the
east, 34.17 feet, having a radius of 1928.30 feet, and a central angle of 01 degree 00 minutes 55
seconds; thence North 86 degrees 57 minutes 00 seconds East, 10.00 feet; thence North 03
degrees 03 minutes 00 seconds West, 43.45 feet; thence South 88 degrees 01 minutes 08 seconds
West, 30.19 Feet; thence southerly, along a non-tangential curve, concave to the east, 76.48 feet,
having a radius of 5683.58 feet, a central angle of 00 degrees 46 minutes 16 seconds, a chord
bearing of South 02 degrees 22 minutes 00 seconds East, and a chord distance of 76.48 feet;
thence North 86 degrees 26 minutes 33 seconds East, not tangent to last described curve, 6.38
feet; thence South 03 degrees 33 minutes 27 seconds East, 4.93 feet; thence South 03 degrees 03
minutes 00 seconds East, 65.92 feet; thence South 84 degrees 01 minutes 20 seconds East, 37.18
feet to the point of beginning.
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Parcel No. 36
That part of the following described parcel of land in the City of Hopkins:
That part of Lot 70, Auditor’s Subdivision Number 239, Hennepin County, Minnesota, described
as beginning at a point in the West line of said Lot 70 distant 240 feet South of the Northwest
corner thereof; thence East parallel to the North line of said Lot 70, 335.6 feet; thence South
parallel to the East line of said Lot 70, 146.50; thence deflecting to the right at an angle of 90
degrees for a distance of 180.01 feet; thence deflecting to the left at an angle of 72 degrees to
the center line of Minnehaha Creek; thence Northwesterly along the center line of said Creek to
the West line of said Lot 70; thence North along the West line of said Lot 70 to the point of
beginning; except the West 33 feet and except that part designated and delineated as Parcel
30B, Hennepin County Right of Way Map No. 2.
Together with an easement over a ten (10) foot strip of land running from the South line of the
above described tract to the Northerly line of Lake Street, the East line of said strip being the
Southerly extension of the East line of the above described tract.
Also which lies within the following temporary easement for construction purposes:
A temporary easement for construction purposes lying easterly of the easterly Right of Way Line
of said Hennepin County Right of Way Map No. 2 and westerly of the following described line:
Commencing at the Northwest Corner of said Lot 70; thence South 00 degrees 25 minutes 48
seconds West, assumed bearing along the west line thereof, 239.46 feet; thence South 88 degrees
33 minutes 15 seconds East, 51.16 feet; thence South 00 degrees 08 minutes 00 seconds West
15.00 feet to the point of beginning of said line to be described; thence South 88 degrees 33
minutes 15 seconds East, 21.43 feet; thence South 01 degrees 05 minutes 47 seconds West, 30.61
feet; thence southerly, along a tangential curve, concave to the east, 66.79 feet, having a radius of
2803.73 feet, and a central angle of 01 degrees 21 minutes 53 seconds; thence North 89 degrees
52 minutes 11 seconds West, not tangent to last described curve, 10.61 feet to said easterly Right
of Way line and there terminating.
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Parcel No. 40
That part of the following described parcel of land in the City of Hopkins:
Lot 1, Block 1, Oxford Village, Hennepin County, Minnesota.
Which lies within the following permanent easement for trail, wall, and utility purposes:
Beginning at the Northerly Corner of said Lot 1; thence South 88 degrees 29 minutes 27 seconds
East, assumed bearing along the north line thereof, 14.48 feet; thence South 44 degrees 25
minutes 34 seconds West, 20.85 feet; thence North 00 degrees 27 minutes 21 seconds East, 15.27
feet to the point of beginning.
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Parcel No. 42
All of the following described parcel of land in the City of Hopkins for permanent easement
for trail, wall, and utility purposes:
That part of the North 138 feet of the South 228 feet of Lot 69, Auditor’s Subdivision No. 239,
Hennepin County, Minnesota, lying West of the East 495 feet thereof, except the West 33 feet
taken for road, also except all that part designated and delineated as Parcel 31A, Hennepin
County Right of Way Map No. 2, Hennepin County, Minnesota.
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Parcel No. 43
That part of the following described parcel of land in the City of Hopkins:
The West 55 feet of the East 495 feet of the North 138 feet of the South 228 feet of Lot 69,
Auditor’s Subdivision No. 239, Hennepin County, Minnesota.
Also which lies within the following temporary easement for construction purposes:
The South 5.00 feet of the West 55 feet of the East 495 feet of the North 138 feet of the South
228 feet of said Lot 69.
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Parcel No. 45 & 46
That part of the following described parcel of land in the City of Hopkins:
Lot 1, Block 1, Knollwood Crossings, Hennepin County, Minnesota.
AND
Tract B, Registered Land Survey No. 1813, Hennepin County, Minnesota.
Which lies within the following permanent easement for trail, wall, and utility purposes:
Commencing at the Northwest Corner of said Lot 1; thence South 00 degrees 24 minutes 05
seconds West, assumed bearing along the west line thereof, 105.91 feet; thence South 78 degrees
47 minutes 11 seconds East, 1.27 feet to the point of beginning of the tract to be described:
thence South 00 degrees 21 minutes 33 seconds West, 46.51 feet; thence North 89 degrees 31
minutes 36 seconds West, 3.80 feet; thence South 07 degrees 57 minutes 46 seconds West, 47.78
feet; thence southerly, along a tangential curve, concave to the east, 92.84 feet, having a radius of
969.00 feet, and a central angle of 05 degrees 29 minutes 22 seconds; thence South 68 degrees
57 minutes 03 seconds East, not tangent to last described curve, 22.42 feet; thence South 88
degrees 33 minutes 54 seconds East, 51.90 feet; thence South 01 degrees 25 minutes 56 seconds
West, 4.60 feet to the south line of said Lot 1; thence North 88 degrees 34 minutes 04 seconds
West, along said south line, 69.62 feet to the easterly Right of Way line of Hennepin County
State Aid Highway Number 20, as is on file and of record in the Office of the County Recorder,
Hennepin County, Minnesota; thence North 41 degrees 37 minutes 35 seconds West, along said
Right of Way line, 13.66 feet; thence North 05 degrees 18 minutes 51 seconds East, along said
Right of Way line, 140.78 feet; thence North 00 degrees 23 minutes 50 seconds East, along said
Right of Way line, 46.12 feet; thence North 78 degrees 47 minutes 11 seconds East, along said
Right of Way line, 10.18 feet to the point of beginning.
Also which lies within the following temporary easement for construction purposes:
Beginning at the Northwest Corner of said Tract B; thence South 00 degrees 13 minutes 54
seconds East, assumed bearing along the west line thereof, 41.91 feet to the northwest corner of
said Knollwood Crossings; thence South 00 degrees 24 minutes 05 seconds West, assumed
bearing along the west line thereof, 105.91 feet; thence South 78 degrees 47 minutes 11 seconds
West, 1.27 feet; thence South 00 degrees 21 minutes 33 seconds West, 46.51 feet; thence South
05 degrees 09 minutes 48 seconds West, 67.90 feet; thence South 84 degrees 41 minutes 09
seconds East, 5.00 feet; thence North 05 degrees 18 minutes 51 seconds East, 31.04 feet; thence
North 00 degrees 23 minutes 50 seconds East, 75.17 feet; thence South 89 degrees 36 minutes 10
seconds East, 3.00 feet; thence North 00 degrees 23 minutes 50 seconds East, 114.62 feet to the
north line of said Knollwood Crossings; thence North 00 degrees 23 minutes 50 seconds East,
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41.98 feet to the north line of said Tract B; thence North 89 degrees 34 minutes 13 seconds West,
along said north line, 4.24 feet to the point of beginning.
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