82-2629 - Laserfiche WebLink

Home Browse Search

,., ....:,:';.1"'.'. ~ "" Ii " I ... t.. . .~:.,"I;:.;'- I; 11 I ,I II Ii 1: 'j I; Ii ) l~ II f' .1 H j !! ~ ~ (I \ ~ l ~, ~ " RESOLUTION NO 2629 STATE OF ~INNESOTA COUNTY OF RAr,1SEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND VACATING A PORTION OF 9A AVENUE NW WHEREAS, the City of New Brighton has initiated certain pro- ceedings in eminent domain, Ramsey~ County District Court File No. 455086, for the acquisition of' right-of-way deemed reasonable necessary, and such as is authorizied,by law, for the purpose of Pub 1 i c1 m pr 0 v e men t Projects No. 79- 1 0 and 79- lOB ; and "'- WHEREAS, upon the ~ompletinn of constryct{oh of New Brighton Project No. 79....:108 for 9A AvenUeNW improvements, ,it has been determined that a small triangularrshaped portion of Parcel No.2 described in the constructiorr documents as Easgment No.2, lies south and easterly of',the right-of-way 9A Avenue.'NVl, physically separating it from the ~ain tract owned and occupied by respondents Barbara L. Burkheim~r and Chester E. Burkheimer, her husband, 909 10th Street NW, N~w Brighton; and ji ! ;i 11 ;, I! iI .1 L 1I II I, ( 'I II II II !l Ii !l " I! :j I, 11 I! !I II WHEREAS, said triangular-shapEd tract severed from said main tract is legally described as follows, to-wit: That part of the West 208.71 feet of the North 241.71 feet of the East 519.52 feet of th~ North t of the NE 1 of NW ! of Section 29, Township 30N, Range 23W, lying Southeasterly of 9A Avenue NW, the centerli~e of said 60 foot road is described as follows: Commencing at the NE corner of said N \1J !: the n c e N 89 0 59 1 24 \I W (a s sum e d be a r i n g) a 1 on 9 the North line of saidNW 1 a dis~ance of 321.01 feet to the point of beginning of the centerline to be herein described: thence S 0045123\1 E 68.36 feet: thence southerly along a curve to the ri ght 172.7 feet, rad i us of 375 feet, del ta an g 1 e 0 f 26023 I 1 3 \I, and the r e 't e r m i na tin g; and' WHEREAS, said severed and tri~ngular-shaped tract is excess to public needs and, unless assembled with the properties con- tiguous thereto. will go tax forfeit and become a blighting and deleterious land use; 'i Ii I' Ii !i IJ ,i 'I h H i" Ij 11 H !; I; '/ i, Ii Ii !] II i! l' 11 11j d ! I! ~ ~ Ii I,; " d NOW THEREFORE BE IT RESOLVED that the Council of the City of New Brighton makes the following f,indings of fact: 1. T hat the her e i n be for e des c'r i bed t ria n 9 u 1 art r act i s f 0 u n d to be in excess of pUblic meeds for the right-of-way of 9 A A v e n u e N l{; 2. That said triangular tract is physically separate and severed from the main tra~t from which it was acquired and has no economic value thereto; 3. T hat the con t i g u 0 u s t r a c t,o f 1 and tot h e e a s tan d sou t h of the subject property i& presently owned by Gordon Hedlu~d and being platted ,for single-family residential use; and 4. T hat i tis i nth e pub 1 i c i.!n t ere s t to con v e y sa ide x c e s s public right-of-way to the owner of the contiguousparce~ for incorporation in the single-family residential plat now under consideration so tha~ the land might be re- turned to an economic use and not become's blight or de t e r i 0 r a 1:; in gin f1 u en c e i nth e vie i n i ty .