HomeMy WebLinkAbout10B - Ring Road Condemnation
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
February 3, 2003
10B
Bud Osmundson, Public Works Director
SUBJECT:
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE INITIATION OF
EMINENT DOMAIN PROCEEDINGS WITH REVISED LEGAL DESCRIPTIONS FOR THE
PROPERTY REQUIRED FOR RIGHT OF WAY FOR THE RING ROAD PHASE 2, CITY
PROJECT NO. 01 - 01, AND THE CSAH 23/FIVE HAWKSIRING ROAD PHASE 3, CITY
PROJECT NO. 02 - 06.
DISCUSSION:
HISTORY:
Since March 2000 the City has been working diligently on the Ring Road project that has
been discussed in concept for at least 10 years. The Council first took action on deciding on
the alignment and hiring a consultant. In 2001 the middle section, or Phase 2, of the Ring
Road took shape, and plans and specifications were prepared.
Staff then began the process of acquiring the right-of-way (ROW) necessary for the new
alignment. The City Council authorized condemnation of property within the Priordale and
Wells Fargo parcels, A portion of one property was purchased in 2002. Staff also worked with
the Keystone development to construct the first phase of the Ring Road (Park Nicollet Blvd.)
and to acquire tax forfeiture property to serve as a stormwater detention pond for the entire
project.
The third phase design of the Ring Road was initiated and a Public Hearing for that project is
scheduled for February 18th, It is now necessary to add additional parcels for eminent domain
and clarify various legal descriptions,
CURRENT CIRCUMSTANCES: To proceed with the project for construction in 2003, we need
to confirm that the City will have acquired the ROW necessary for the project by June, On
tonight's agenda, Council will consider the purchase of a second key parcel (Thrift Store)
needed for the project. At this time, we are requesting that this parcel be included if the
Council were to authorize the initiation of eminent domain. If the Council authorized the
acquisition of this property and the City and Seller closed the transaction, the parcel would be
removed from the condemnation action,
We have made offers and have been negotiating on each of the parcels, but have not
finalized any other purchases, Council had previously initiated eminent domain proceedings
on the Priordale Mall property. Negotiations have been complicated by the fact that this
property is in receivership after a sheriff's sale, The bank parcel has been complicated by the
sale of the Marquette Bank to Wells Fargo, The purpose of this item is to authorize/re-
authorize the initiation of eminent domain proceedings on the Priordale Mall property
~a~kilrfil0\LA:J.1l2, S.E. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(including a sliver of the Holleywood parcel), the Wells Fargo property, the Schmaltz property,
and the McKinley property,
CONCLUSION, Staff will continue to negotiate with all the property owners during the 90 day
waiting period after the resolutions have been filed with the Court beginning the quick take
eminent domain process as explained below, We would prefer to reach a mutually acceptable
price through negotiations, but, failing this, we must proceed to acquire the properties if the
project is to proceed, To that end, each property owner has received an offer to purchase
based upon the results of recent appraisals,
ISSUES:
Minnesota Statutes provide cities with the authority to acquire property for public purposes
such as roadway construction. One form of property acquisition is quick-take, eminent
domain. This form of acquisition requires the City Council to adopt a resolution which is filed in
Court, and to deposit a cash amount with the Court equal to the appraised value of the
property. Ninety days after the resolution is filed and the deposit made, the title to the
described property becomes the City's. A Court proceeding is subsequently conducted to
determine the value of the property acquired by the City,
The acquisition of the ROW does not negatively impact the Priordale Mall. The subject
property has remained vacant and unused, The parking area is in need of significant repair
and reflects years of neglect. This acquisition will actually create a better parcel for the
existing Mall and a new developable parcel for the property owner abutting the Ring Road and
Toronto Avenue,
The construction of the Ring Road does not negatively impact the Wells Fargo Bank property.
Although the access to the bank drive-up is to be moved to the new Ring Road, the bank will
now be located on a corner lot with greatly improved visibility of the site from the south. They
will still have an access off of Duluth and from the Ring Road through the Priordale Mall site.
Acquiring the properties is a necessary prerequisite to constructing the Ring Road. The Ring
Road is necessary to relieve local traffic from TH 13 and provide immediate access to parcels
within this commercial district. The Ring Road (Phase 2 & 3)/ CSAH 23 / Five Hawks
improvements will provide safe access to this commercial/retail area and in the long term,
facilitate development.
FISCAL IMPACT: These projects contemplated the acquisition of various sites in order to complete the
construction of the Ring Road, Accordingly, the Capital Improvement Program estimates the
costs for property acquisitions. I will provide the Council with additional information in this
regard at the meeting.
ALTERNATIVES:
1.
The alternatives are as follows:
Approve a Resolution authorizing the initiation of eminent domain proceedings required for
right of way for the Ring Road Phase 2, City Project No. 01 - 01 and the CSAH 23/Five
Hawks/Ring Road Phase 3.
2, Table the resolution for a specific reason.
3. Deny the Resolution,
Agenda Conderrm all prop 2-03
RECOMMENDED
MOTION:
Agenda Condenm all prop 2-03
Staff recommends Alternative 1 described above,
RESOLUTION 03-)8( Il
A RESOLUTION AUTHORIZING CONDEMNATION
OF PROPERTY FOR ROADWAY PURPOSES
Motion By:
Second By:
,
WHEREAS, the City Council of the City of Prior Lake does hereby determine that it is necessary and for
public purpose to acquire the properties attached hereto for roadway purposes; and
WHEREAS, the City has been unable to acquire the property through negotiation with the landowners;
and
WHEREAS, construction of the Ring Road is important to enhance and preserve the health, safety and
welfare of the community and therefore constitutes a public purpose.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that:
1. The recitals set forth above are incorporated herein.
2. The City Attorney is authorized to commence "quick-take" eminent domain proceedings pursuant to
Minnesota Statutes Chapter 117 to acquire the properties described in the attached Exhibit "A".
3. The Mayor and City Manager are hereby authorized to execute all documents necessary in the
opinion of the City Attorney to effect the acquisition of the necessary properties interests.
PASSED AND ADOPTED THIS 3rd DAY OF February 2003.
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
City Manager, City of Prior Lake
16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
LEGAL DESCRIPTION
That part of the East % of the Southwest 'j., of Section 2, Township
114, Range 22, Scott County, Minnesota, described as follows:
Commencing at the southwest corner of said East % of the Southwest
'j., and thence running North along the West line of said East % of
Said Southwest 'j., approximately 283.36 feet to the intersection of
said West line of said East % of said Southwest 'j., with the Easterly
right of way line of old Trunk Highway No. 13; thence Northeasterly
along the right of way line of said old Trunk Highway No. 13 to the
intersection thereof with the westerly right of way line of County Aid
Road No. 23; Thence South along the Westerly right of way line of
said County Aid Road 23 to the intersection thereof with the South line
of said Southwest 'j.,; thence Westerly along said South line of said
Southwest 'j., to the point of beginning.
PID #25-902096-0
Address:
16950 Panama Avenue
Prior Lake, MN 55372
Location: Prior Lake
Project No. 1283-002
Parcel No. 2
Date: November 7. 2001
That part of the following described parcel ofland in the City of Prior Lake;
Lot 6, Jo-Anna Stepka's 4th Addition, Scott County, Minnesota, according to the recorded
plat thereof, EXCEPT that part of Lot 6, Jo-Anna Stepka's 4th Addition, according to the
recorded plat thereof on file in the Office of the County Recorder, Scott County,
Minnesota, lying South of a line drawn parallel with and 60 feet north of the most
Southerly line of said Lot 6 and the Easterly and Westerly extension of said South line.
AND
Outlot A, BrooksvilIe Center First Addition, Scott County, Minnesota, according to the
recorded plat thereof.
Which lies within the following pennanent easement for street, utility and drainage
purposes;
That part of Lot 6, Jo-Anna Stepka's 4th Addition, lying North of the South 60.00 feet
thereof and that part of Outlot A, Brooksville Center First Addition, according to the,
recorded plats on file and of record in the office of the County Recorder, Scott County,
Minnesota, lying Southerly of a 152.00 foot radius curve concave to the North, said curve
is tangent to the Easterly line of said Outlot A and a line drawn parallel with and distant
60.00 feet North of the South line of said Lot 6.
Also which lies within the following temporary easement for construction purposes;
The Southerly 5.00 feet of said Lot 6 and the Easterly 5.00 feet of said Outlot A, except
that part which lies within the above described pennanent street, utility and drainage
easement.
And also a strip ofIand 5.00 feet in width over that part of said Lot 6 and Outlot A, the
Southerly line of said strip ofland is contiguous with the Northerly line of the above
described pennanent street, utility and drainage easement.
Said temporary easement to expire
Parties:
Fee; Clarence & Yvonne Schmaltz
Contract for Deed; Charles E. Schmaltz
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
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Minneapolis, MN 55422
W5B Project No, 1283-002
Date: November 7. 2001
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Easement Exhibit
Prior Lake, Minnesota
Parcel Number
2
Location: Prior Lake
Project No. 1283-002
Parcel No. 3
Date: November 7. 2001
That part of the following described parcel ofland in the City of Prior Lake:
Lot 1, Block 1, Brooksville Center 2nd Addition, according to said plat on file and of
record in the office of the County Recorder, Scott County, Minnesota.
Which lies within the following pennanent easement for street, utility and drainage
purposes:
That part of Lot 1, Block 1, BrooksvilIe Center 2nd Addition, according to said plat on file
and of record in the office of the County Recorder, Scott County, Minnesota, which lies
Southerly and Westerly of the following described line:
Commencing at the Southeast corner of said Lot 1; thence North 11 degrees 28 minutes
19 seconds West, assumed bearing along the East line of said Lot 1, a distance of 83 .60
feet to the point of beginning of said line to be hereinafter described; thence North 89
degrees 23 minutes 14 seconds West a distance of24.03 feet; thence Westerly a distance
of 80.70 feet along a tangential curve concave to the South having a radius of224.00 feet
and a central angle of20 degrees 38 minutes 31 seconds; thence North 21 degrees 15
minutes 20 seconds West, not tangent to the last described curve, a distance of 45. 73 feet
to the Westerly line of said Lot 1 and said line there tenninating.
Also which lies within the following temporary easement for construction purposes:
A strip ofland 5.00 feet in width over that part of said Lot 1, the Southerly and Westerly
line of said strip ofland is contiguous with the Northerly and Easterly line of the above
described pennanent easement. Said strip of land is to extend by its full width from said
Easterly to said Westerly line.
Parties:Marquette Bank, N.A.
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
FoIWPWIN\1283'()OISURVEY\ParccI3.doc
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PROPOSED STREET. UT I LI TY -.
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ENIVID FIRST ADD.
Date: November 7. 2001
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4150 Olson Memorial Highway
Suite 300
Minneapolis. MN 55422
fflBProjeGtNo.1283-002
763-541-4800
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Easement Exhibit
Prior Lake, Minnesota
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Parcel Number
3
Location: Prior Lake
Project No. 1283-002
Parcel No. 4
Date: November 7. 2001
That part of the following described parcel ofland in the City of Prior Lake:
That part of the West Half of the Southeast Quarter and that part of the East Half of the
Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows:
Beginning at the southeast comer of Lot 1, Block 1, BROOKSVILLE CENTER 2ND
ADDITON, Scott County, Minnesota; thence North 12 degrees 08 minutes 08 seconds
West along the easterly line of said Lot I, a distance of 419.74 feet to the northeast comer
of said Lot I; thence North 61 degrees 16 minutes 31 seconds East a distance of25.00
feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the
northeast comer of Lot 2, Block 1, of said plat; thence westerly along the north line of
said Lot 2, a distance of 125.00 feet to the point of beginning.
This lies within the following permanent easement for street, utility and drainage
purposes:
That part of the West Half of the Southeast Quarteroand that part of the East Half of the
Southwest Quarter of Section 2, ToWnship 114, Range 22, Scott County, Minnesota
described as follows:
Beginning at the southeast comer of Lot I, Block I, BROOKSVILLE CENTER 2ND
ADDITON, Scott County, Minnesota; thence North 12 degrees 08 minutes 08 seconds
West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast comer
of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of25.00
feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463 .22 feet to the
northeast comer of Lot 2, Block I, of said plat; thence westerly along the north line of
said Lot 2, a distance of 125.00 feet to the point of beginning, which lies Southerly of the
following described line:
Commencing at the Southeast corner of said Lot 1; thence North II degrees 28 minutes
19 seconds West assumed bearing along the Easterly line of said Lot 1, a distance of
83.60 feet to the point of beginning of said line to be hereinafter described; thence
Easterly a distance of99.36 feet along a non-tangential curve concave to the North
having a radius of279.00 feet and a central angle of20 degrees 24 minutes 15 seconds,
the chord of said curve bears North 79 degrees 35 minutes 13 seconds East, to the East
line of the above described parcel and said line there terminating.
Also which lies within the following temporary easement for construction purposes:
A strip ofland 5.00 feet width of that part of the above described parcel the Southerly
line of said strip ofland is contiguous with the Northerly line of the above described
permanent easement. Said strip of land is to extend by its full width from said Easterly
line of the above described parcel to the Westerly line of the above described parcel.
Said temporary easement to expire
Parties:Marquette Bank, N.A.
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
F:\WPWIN\1283-00ISURVEYlPa,-ce14.doc
Location:
Prior Lake
Project No.
1283-002
Parcel No.
l
Date:
Revised Date:
November 7. 2001
February 5. 2002
That part of the following described parcel ofland in the City of Prior Lake:
That part of Lot 1, Block I, plat of BROOKSVILLE CENTER 1ST ADDITION, Scott
County, Minnesota, together with that part of the East one half of the Southwest Quarter
and that part of the West one-half of the Southeast Quarter of Section 2, Township 114,
Range 22, Scott County, Minnesota, described as follows:
Commencing at the most Northerly Westerly corner of said Lot 1, saia corner being on
the Southerly right of way line of Trunk Highway No. 13; thence North 65 degrees 43
minutes 28 seconds East along the Northerly line of said Lot 1, a distance of 198.32 feet
to the actual point of beginning of the land to be described; thence South 28 degrees 40
minutes 18 seconds East a distance of 104.76 feet; thence North 61 degrees 16 minutes
31 seconds East a distance of 136.67 feet to its intersection with the Easterlyline of said
Lot 1; thence South 12 degrees 8 minutes 8 seconds East along said Easterly line a
distance of 419.74 feet; thence South 89 degrees 45 minutes 55 seconds East a distance of
460.00 feet along the Northerly line of said Lot 1, to a point distant 850.00 feet West (as
measured at right angles) of the East line of said West one-half of the Southeast Quarter;
thence North 00 degrees 14 minutes 5 seconds East parallel with said East line a distance
of 430.00 feet; thence south 89 degrees 45 minutes 55 seconds East a distance of 150.00
feet; thence North 00 degrees 14 minutes 5 seconds East a distance of 497.9 feet, more or
less, to its intersection with the Southeasterly right of way line of State Trunk Highway
No. 13; thence Southwesterly along said Southeasterly right of way line to the point of
beginning.
Except That Portion Described As:
Beginning at the southeast corner of Lot 1, Block 1, BROOKSVILLE CENTER 2ND
ADDITION, Scott County, Minnesota; thence North 12 degrees 08 minutes 08 seconds
West along the easterly line of said Lot, a distance of 419.74 feet to the northeast corner
of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00
feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463 .22 feet to the
northeast corner of Lot 2, Block 1, of said plat; thence westerly along the north line of
said Lot 2, a distance of 125.00 feet to the point of beginning.
Which lies within the following permanent easement for street, utility and drainage
purposes:
Page 1 of3
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4150 Olson Memorial Highway
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\\'58 PlOje~ No. 1283-002
Date: NOYelltber 7, 2001
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Easement Exhibit
Prior Lake, Minnesota
Parcel Number
4
That part of the West half of the Southeast Quarter of Section 2, Township 114, Range
22, Scott County, Minnesota, described as follows:
Commencing at the Southeast corner of Lot I, Block I, Brooksville Center 2nd Addition,
according to the recorded plat thereof in said County, thence North II degrees 28
minutes 19 seconds West, assumed bearing along the Easterly line of said Lot I, a
distance of 10.51 feet to the point of beginning; thence continuing North II degrees 28
minutes 19 seconds West, along said East line, a distance of 73.09 feet; thence Easterly
and Northeasterly a distance of 128.67 feet along a non-tangential curve concave to the
North having a radius of 279.00 feet and a central angle of 26 degrees 25 minutes 27
seconds, the chord of said curve bears North 76 degrees 34 minutes 37 seconds East to a
point of compound curvature; thence Northeasterly a distance of 74.79 feet along a
tangential curve concave to the Northwest having a radius of 431.67 feet and a central
angle of 09 degrees 55 minutes 38 seconds; thence North 53 degrees 26 minutes 16
seconds East, tangent to the last described curve, a distance of 129.08 feet; thence North
49 degrees 37 minutes 24 seconds East a distance of 214.83 feet to its intersection with a
line drawn parallel with and distant 875.00 feet West of the East line of said West-half of
the Southeast Quarter; thence South 00 degrees 47 minutes 09 seconds East, along said
parallel line; a distance of 79.70 feet; thence South 49 degrees 37 minutes 24 seconds
West a distance of 306.57 feet; thence Southwesterly a distance of 224.54 feet along a
tangential curve concave to the Northwest having a radius of 330.00 feet and a central
angle 008 degrees 59 minutes 06 seconds to the point ofbeginning.
Also which lies within the following permanent easement for street, utility and drainage
; purposes:
That part of said West Half of the Southeast Quarter of Section 2, Township 114, Range
22, Scott County, Minnesota, described as follows:
Commencing at a point on the East line of said West Half of the Southeast Quarter distant
977.13 feet North of the Southeast comer thereof; thence West at right angles from said
East line a distance of 700.00 feet; thence North at right angles and parallel with the said
East line of the West Half of the Southeast Quarter a distance of 200.00 feet to the actual
point of beginning; thence West, deflecting to the left 90 degrees 00 minutes 00 seconds,
a distance of 87.58 feet; thence Northeasterly, a distance of 91.07 feet to its intersection
with a line drawn parallel with and distant 700.00 feet West of said East line of the West
Half of the Southeast Quarter, and distant 25.00 feet North of the point of beginning as
measured along said parallel line; thence South along said parallel line a distance of
25.00 feet to the point of beginning.
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
Page 2 00
BWPWJN\1283-00ISURVEYlParce] S.doc
Also which lies within the following temporary easements for construction purposes:
A strip ofland 5.00 feet in width over that part of said West half of the Southeast Quarter,
the Southeasterly line of which is contiguous with the Northwesterly line of the first
above described permanent easement.
And also a strip of land 5.00 feet in width over that part of said West-half of the
Southeast Quarter, the Northwesterly line of which is contiguous with the Southeasterly
line of the first above described permanent easement.
Said temporary easements to expire
Parties:
Priordale Mall
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
Page 3 of3
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Location:
Prior Lake
P.I.D. No.
259020910
Project No. 1283-032
Parcel No.
7
Date: January 20,2003
That part of the following described parcel ofland in the City of Prior Lake.
A tract ofland in the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4),
Section Two (2), Township one hundred fourteen (114) North, Range Twenty-two (22)
West, described as follows: Commencing at a point on the South line of said Section 2,
said point being 414.6 feet West of the NE comer of Government Lot 4, Section 11,
Township 114 North, Range 22 West, thence North at a right angle 300 feet; thence West
at a right angle 666.29 feet to the Easterly boundary of the Town Road; thence in a
Southeasterly direction along said Easterly boundary of the Town Road 343.01 feet to the
South line of said Section Two; thence East along the South line of said Section 2, 500.00
feet to the point of beginning. All of the aforedescribed property being in Scott County,
Minnesota.
Which lies within the following permanent easement for street, utility and drainage
purposes:
That part of the Southeast Quarter of the Southwest Quarter (SE 1/4 ofSW 1/4), Section
Two (2), Township one hundred fourteen (114) North, Range Twenty-two (22) West,
described as follows: Commencing at a point on the South line of said Section 2, said
point being 414.6 feet West of the NE comer of Government Lot 4, Section II, Township
114 North, Range 22 West, thence North at a right angle 300 feet; thence West at a right
angle 666.29 feet to the Easterly boundary of the Town Road; thence in a Southeasterly
direction along said Easterly boundary of the Town Road 343.01 feet to the South line of
said Section Two; thence East along the South line of said Section 2, 500.00 feet to the
point of beginning . All of the aforedescribed property being in Scott County, Minnesota.
Said easement is described as that part of the above described tract which lies Northerly
of the following described line.
Commencing at a point on the South line of said Southeast Quarter of the Southwest
Quarter, said point being 414.6 feet West of said Northeast corner of Government Lot 4,
Section 11, Township 114, Range 22; thence Northerly, at right angles to said South line,
295.00 feet, to the point of beginning of said line to be hereinafter described; thence
Westerly, at right angles to the last described line, 501.76 feet; thence Westerly and
Southwesterly, 116.33 feet, along a tangential curve concave to the Southeast, having a
2Note: This is nol a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings ill eminent domain or negotiation.
1
F:\ WPWIN\1283-o3\SURVEYIP ARCEL7 .do<:
radius of269.00 feet and a central angle of24 degrees 46 minutes 42 seconds, to said
Easterly boundary of the Town Road, and said line there terminating.
. Also which lies within the following temporary easement for construction purposes:
A strip ofland 25.00 feet in width over that part of the above described tract, the
Northerly line of which is contiguous with the Southerly line of the above described
p=anent street, utility and drainage easement.
Said strip ofland is to extend by its full width from the Easterly line of the above
described tract, to said Easterly boundary of the Town Road.
Parties: John M. McKinley
2Note: This is not a legal document. It is intended only to present the information to
prepare tbe necessary documents for the acquisition of tbe easements described
above by proceedings in eminent domain or negotiation.
2
F:\ WPWIN\1283-03\SURVEYIP ARCEL7.doc
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