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HomeMy WebLinkAbout6.e. Authorize Offers – Easement Acquisitions – Diamond Path Trail Project, City Project 434 ROSEN4OUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: February 6, 2012 AGENDA ITEM: Authorize Offers — Easement Acquisitions AGENDA SECTION: — Diamond Path Trail Improvements Consent Project, City Project #434 PREPARED BY: Andrew J. Brotzler, PE, City Engineer /A GENDA NO. : . ATTACHMENTS: Resolution; Compensation Summary; APPROVED BY: Location Map; Easement Exhibits alai RECOMMENDED ACTION: Motion to Adopt a Resolution Establishing Just Compensation. BACKGROUND: As part of the Diamond Path Trail Improvements project, the acquisition of temporary and permanent trail easements is required from the properties listed below. Maps of each property have also been attached to illustrate the dimensions of the easements required for construction. The appraised values for the easements are listed in the table below. On January 4, 2012, the City entered into a Joint Powers Agreement with Dakota County and established the City's funding responsibility to be 45% of the project cost, including easements. Pending Council approval with this item, Staff will work with property owners to secure the necessary easements. Parcel # /PID Name Address Amount 34- 18300 -01 -220 Gail Ann Kayfes 14245 Dearborn Path $12,200 34- 15250 -01 -100 Arthur C Broback Limited Partnership 14553 Denver Ct. $7,500 34- 15250 -01 -090 Susie Bellamy 14565 Denver Ct. $5,100 34- 03010 -52 -060 Lutheran Church of Our Savior 14980 Diamond Path $2,900 34- 18300 -01 -090 Lottie M & Charles Luverne Rike, Jr. 14099 Delta Ct. $850 34- 18300 -01 -100 Sherry A & John D Kromschroeder 14105 Dearborn Path $1,200 SUMMARY: Staff is recommending that Council authorize offers to be made for temporary and permanent trail easements as proposed in the above motion. G: \ENGPROJ \434 \20120206 CC AuthorizeOffers- EasementAcquisitions.doc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 - A RESOLUTION ESTABLISHING JUST COMPENSATION, WHEREAS, the City of Rosemount is a municipal corporation organized and operating under Minnesota law, and is authorized by Minnesota Statutes Section 465.01, to acquire private property for an authorized public purpose, using the procedure prescribed by Minnesota Statutes, Chapter 117; and WHEREAS, the City has undertaken a project known as the Diamond Path Trail Improvements Project, City Project #434 (the "Project "); and WHEREAS, the Project involves the construction of a bituminous trail along the east side of the public street known as Diamond Path, between County Road 42 and Connemara Trail; and WHEREAS, the trail is needed in order to provide a safe and comprehensive trail and sidewalk network that will serve the community and connect existing pedestrian facilities; and WHEREAS, although the trail will be constructed within the existing right of way, the City has determined that permanent and temporary easements will be needed over certain properties, as described on the attached Exhibit A (the "Easements ") for the construction of retaining walls and for additional site grading; and WHEREAS, the City has obtained appraisals from an independent appraiser licensed by the State of Minnesota, to estimate the damages that will result to the affected properties as a result of the acquisition of the Easements; and WHEREAS, the City staff and consultants will follow all procedures required by statute with respect to negotiations for the Easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, AS FOLLOWS: 1. Acquisition by the City of the Easements described on Exhibit A is necessary, convenient and reasonable for the purpose of constructing the Project. 2. The estimated damages for each of the affected properties, as determined by the independent appraiser and as set forth on the attached Exhibit B, are hereby approved as just compensation for the damages to the affected properties. The City staff and consultants are authorized and directed to extend offers to the affected property owners based on the approved just compensation, and to negotiate in good faith with the owners of the affected properties for the voluntary acquisition of the Easements. 1 397787v2 CAH RS220 -329 3. The Mayor and City Clerk are authorized to execute instruments necessary for the acquisition of the Easements. ADOPTED this 6 day of February, 2012. Mayor ATTEST: City Clerk 2 397787v2 CAH RS220 -329 EXHIBIT A Location: City of Rosemount P.I.D. No.: 34- 18300 -01 -220 Project No.: 1916 -22 Parcel No.: 1 Date: November 9, 2011 That part of the following described tract of land in the City of Rosemount: Lot 22, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Which lies within the following permanent easement for trail purposes: The westerly 12.00 feet of the southerly 85.00 feet of Lot 22, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. And also, which lies within the following temporary easement for construction purposes: The westerly 32.00 feet of the southerly 95.00 feet of Lot 22, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota, expect that part which lies within the above described permanent easement for trail purposes. Parties: Gail Ann Kayfes A -1 397787v2 CAH RS220 -329 Location: City of Rosemount P.I.D. No.: 34- 15250 -01 -100 Project No.: 1916 -22 Parcel No.: 2 Date: November 9, 2011 That part of the following described tract of land in the City of Rosemount: Lot 10, Block 1, BROBACK PARK, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Which lies within the following permanent easement for trail purposes: That part of Lot 10, Block 1, BROBACK PARK, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying westerly of a line drawn from a point on the north line of said Lot 10, distant 20.00 feet easterly of the northwest corner of said Lot 10, to a point on the southwesterly line of said Lot 10, distant 18.00 feet southeasterly of the southwest corner of said Lot 10. Parties: Arthur C. Broback Limited Partnership A -2 397787v2 CAH RS220 -329 I __ P.I.D. No.: 34- 15250 -01 -090 Project No.: 1916 -22 Parcel No.: 3 Date: November 9, 2011 That part of the following described tract of land in the City of Rosemount: Lot 9, Block 1, BROBACK PARK, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Which lies within the following permanent easement for trail purposes: That part of Lot 9, Block 1, BROBACK PARK, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying westerly of a line drawn from a point on the northerly line of said Lot 9, distant 18.00 feet southeasterly of the northwest corner of said Lot 9, to the southwest corner of said Lot 9. Parties: Susie Bellamy A -3 397787v2 CAH RS220 -329 Location: City of Rosemount P.I.D. No.: 34- 03010 -52 -060 Project No.: 1916 -22 Parcel No.: 4 Date: December 16, 2011 That part of the following described tract of land in the City of Rosemount: (THE TRACT) That part of the West 445.24 feet of the West Three Fourths (3/4) of the Southwest Quarter (SW 1/4) of Section 30, Township 115, Range 19, lying North of the centerline of Dakota County Road No. 42 and lying South of a line parallel to and 747.55 feet North of the South Line of said Southwest Quarter (SW 1/4) measured along the West line of said Southwest Quarter (SW 1/4); expecting from the above described tract the West 135 feet of the South 747.55 feet of the Southwest Quarter (SW 1/4) of Section 30, Township 115, Range 19. Which lies within the following permanent easement for trail purposes: That part of (THE TRACT) described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 30, Township 115, Range 19, Dakota County, Minnesota; thence South 89 degrees 55 minutes 10 seconds East, assumed bearing along the south line of the Southwest Quarter of said Section 30, 135.00 feet to the east line of the west 135.00 feet of said Southwest Quarter; thence North 00 degrees 04 minutes 36 seconds East, along said east line of the west 135.00 feet, 74.54 feet to the north right of way line of Dakota County Road No. 42 and the point of beginning; thence continuing North 00 degrees 04 minutes 36 seconds East, along said east line of the west 135.00 feet, 40.46 feet; thence South 31 degrees 03 minutes 54 seconds East, 48.31 feet to said north Right of Way line of Dakota County Road No. 42; thence westerly along said North right of way line of Dakota County Road No. 42, 25.00 feet to the point of beginning. And also, which lies within the following temporary easement for construction purposes: The easterly 10.00 feet of the westerly 145.00 feet of the northerly 168.00 feet of the southerly 342.00 feet of the Southwest Quarter of Section 30, Township 115, Range 19, Dakota County, Minnesota. Parties: Lutheran Church of Our Savior A -4 397787v2 CAH RS220 -329 P.I.D. No.: 34- 18300 -01 -090 Project No.: 1916 -22 Parcel No.: 5 Date: November 9, 2011 That part of the following described tract of land in the City of Rosemount: Lot 9, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Which lies within the following temporary easement for construction purposes: The westerly 10.00 feet of Lot 9, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Parties: Louie M. Rike and Charles Luverne Rike, Jr. A -5 397787v2 CAH RS220 -329 Location: City of Rosemount P.I.D. No.: 34- 18300 -01 -100 Project No.: 1916 -22 Parcel No.: 6 Date: November 9, 2011 That part of the following described tract of land in the City of Rosemount: Lot 10, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Which lies within the following temporary easement for construction purposes: The westerly 10.00 feet of the northerly 90.00 feet of Lot 10, Block 1, COUNTRY HILLS FIRST ADDITION, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Parties: Sherry A. Kromschroeder and John D. Kromschroeder A -6 397787v2 CAH RS220 -329 EXHIBIT B Approved Appraised Values / Just Compensation Parcel No. Just Compensation 1 $12,200.00 2 $7,500.00 3 $5,100.00 4 $2,900.00 5 $850.00 6 $1,200.00 B -1 397787v2 CAH RS220 -329 Diamond Path Trail Improvements rr ROSEMOUNT ; • : , .:. ' . : ; ii ■ C L138TH__,- ..„ .04„ z 03 0 ' ir Ct - s4 I ti z CO o - , ■ 0 ) ( >- Or C>, 11 4ii- , vtaik a. (II < 0 I. Nb. PNI‘ i (n ti rr iv = , ? " - c Q cl . . (el- o (..) / --% Connemara 4- w 0 a c 7. ' ....... 4/ a. 4:3' 0 4 Park Sch •;) 0 ' - 0 ' r .;z 7 O coPPE 4 ND rn i --- t °. 4. 1:::x . pplkk r•- n < 1 N • - 72. ostio .1k bd. i c D. ' - -.1 V- . • • • <<, 0 0 1 ;■- --- ,oli 141ST Carrolls CROC_U_ V\ 11- olL pkNa (< ,1* Woods Z C DAVENPORT CT W Park 0 a,. \ Lu ibrAVENPORT PATH et o(P‘ < <> 1 C; ,_ UJ ■ 0 C7 '1■I 143RD ST W , s T > ORAN te g:t 143R o 'r.t*., •:%.. WAY .?,' UPPER \ UJ Ce HAWKINS 1. 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N — f / G -. ] / 0 IA All. / -_ J j / / 1 x / 5 // x / i7 Q + ∎ JIB X -- 1 - 12.00' "� ' - rl It ' _- 95.00' / ' • ) xx-_ / J` • 11; x}- -� ' ! k - -185.00' / • 000 . >7 - _ - _] / • 0 )► --I 0 : 1 It X / -r, r..7J --/ , //ro'F,e 1 L .. .. 0 1 5 30 PROPOSED RETAINING WALL 1 1 NSP EASEMENT PER BOOK 34 OF MISC. PAGE 292 . . Xce�lVU ENCUMBERED TEMPORARY EASEMENT - _ _'� UNENCUMBERED TEMPORARY L b.A...A.d AREA = 966 S.F. _-J EASEMENT AREA = 996 S.F. f r:777T T9 ENCUMBERED PERMANENT TRAIL & WALL EASEMENT L') 1 L /�1 A AREA = 1020 S.F. w Preparedby: DIAMOND PATH TRAIL Prepared for.: Project No. 1916 -22 „ Date: 01/17/2012 A . 701 Xenia Avenue South. Suite 300 I M P R V E M E N TS WSB Minneapolis, sbeOg EASEMENT EXHIBIT 4ROSEMOUNT MINNESOTA PARCEL 1 O INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION R O S E M O U N T, MINNESOTA Y 145TH STREET W li, ....._ _ _ PROPOSED TRAIL NW CORNER , OF LOT 10 20.00' or of = N N'LY LINE LOT 10 I— 0 Q 'r \ IZ i i 25 PLAT D DRAINAGE n AND UTILEASEMENT O i4;E' 10' PLATTED DRAINAGE \ > r#* AND UTILITY EASEMENT � � Q ,0 BL kJ' \ ov■ ARTHUR C. BROBACK \ GI: J ■ LIMITED PARTNERSHIP PID: 34- 15250 -01 -10 N SW CORNER ■ OF LOT 10 4 .� i me \ P �SW'LY LINE LOT 10 OQ �/ rl J` 18. �� Nv F -59 UNENCUMBERED PERMANENT TRAIL EASEMENT AREA = 988 S.F. iwmpmmom 77777 , ENCUMBERED PERMANENT TRAIL o 15 Ll_d _d 1_,e1 EASEMENT AREA = 1797 S.F. Prepared by: DIAMOND PATH TRAIL Prepared for Project No. 1916 -22 � �� � Date: 11/9/2011 A 701 Xenia Avenue South. Suite 300 IMPROVEMENTS Minneapolis M N 55416 vmw.ws ben5952 EASEMENT EXHIBIT 4 ROSEMOUNT A„!1 MINNESOTA PARCEL 2 INFRASTRUCTURE ENGINEERING PUW NI G . CCNSTRUCTI N R O S E M O U N T, MINNESOTA o i{ 1 \ \ N 10 18.00' dT . t NW CORNER �� �P OF LOT 9 ; � \ �0 0 , \ \ \ \ I ; • 1' \ \ \ \ 0 0 \ \ \ \ 1 N N'LY LINE LOT 9 \ \ \ \ Q .I \ \ n , \ \ z SUSIE BELLAMY 0) PID: 34- 15250 -01 -090 Q �1 0 f— 10' PLATTED DRAINAGE Q K K. / AND UTILITY EASEMENT • 0 I CORNER OF LOT 9 CL 0 LLJ 0 I rn Z N LLJ I PROPOSED TRAIL X I 0 / UNENCUMBERED PERMANENT TRAIL ' EASEMENT AREA = 149 S.F. r 7 ENCUMBERED PERMANENT TRAIL - , - o Le _e _c 1_ZI EASEMENT AREA = 1096 S.F. Prepared by: DIAMOND PATH TRAIL Prepared for: Project No. 1916 -22 �� Date: 11/9/2011 A. 701 Xenia Avenue South, Suite 300 IMPROVEMENTS MB Minneaµpols,bengcom EASEMENT EXHIBIT 4 ROSEMOUNT Peet MINNESOTA PARCEL 3 i67SIYd�p- NSTR6l1-11W ROSEMOUNT, MINNESOTA INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION T - r TTTTT] f r�// / / / / / /II • • • UNENCUMBERED PERMANENT TRAIL • • EASEMENT AREA = 505 S.F. ■ ' FXA -A �r — 145.00'— — ► • LS'� ■ 4 1 UNENCUMBERED TEMPORARY ► EASEMENT AREA = 1680 S.F. ■ ► 4 ■ ,4 168.00' • 10.00' — -, 4 ■ w 342.00' - , ► , • ►' Q ;: LUTHERAN CHURCH OF - / OUR SAVIOR �1( C PID: 34- 03010 -52 -060 Z 0 Q p 1 : ) ,, ♦ 0 20 4 44- I 1 , ,,,,, ,3„.„, , 4, E. LINE OF W. 135.00_ \ _ OF SW 1/4 ,...a -N. ROW LINE OF DAKOTA — w COUNTY RD. NO. 42 ( 0 0 . SW CORNER OF SEC. 30, o ' ``� T. 115, R. 19 0 - DAKbTA COUNTY RO O. 42 / o z S89'55'10 ,i - N 135.00' Prepared by: DIAMOND PATH TRAIL Prepared for: Project No. 1916 -22 - u � Date: 12 -16 -2011 �,/w' -^R B 701Xenia Avenue South, Suite 300 IMPROVEMENTS I,/S � Minneapolis, beng EASEMENT EXHIBIT 4ROSEMOUNT Fl.T MINNESOTA PARCEL 4 fiy " TiON ROSEMOUNT, MINNESOTA INFRASTRUCTURE 'ENGINEERING PLANNING CONSTRUCTION i ) I. I , I \\ I , I1 \\ It -- NSP EASEMENT PER BOOK 34 OF MISC. PAGE 292 \\ I I j 4 } - PROPOSED RETAINING WALL ■ 1 o 8 L /< . 1 + ■ ■ 1 I SEX. D &U \ , ► EASEMENT 0 ' 4 10.00 O� ■ I ► Q ' 4 LOTTIE M. & CHARLES I a_ ► 4 LUVERNE RIKE, JR. DELTA PID: 34- 18300 -01 -09 CT. r1 ■ 4 O 4 / V . Q 4 I i �\ 1 — I V / /" 0 0 ► +_ ►- PROPOSED RETAINING WALL �2 r v I i N d 1 N '2, N 1 N 8LK 1 ° , ,°i PROW ; \ N' ENCUMBERED TEMPORARY EASEMENT � V VYV LtS.X.2c2c2„,2c,11 AREA = 1271 S.F. 2■ 0 15 Prepared by: DIAMOND PATH TRAIL Prepared for Project No 1916 -22 mow is Date: 11/9/2011 A. 701 Xenia Avenue South Suite 300 IMPROVEMENTS WSB Minneaapollis �s N 55416 Q EASEMENT EXHIBIT 4 ROSEMOUNT Per F. MINNESOTA PARCEL 5 6 "�``N'fi 'TION ROSEMOUNT, MINNESOTA INFRASTRUCTURE E PLANNING CONSTRUCTION I „ ---- -----4 1- - 1 < I '. DELTA 1 -. l CT. n 0 \ I NW COR. — Q LOT --n I ° + PROPOSED RETAINING WALL � � 1 0 °4 n / 0 N I < N �� < N 1 { & SHERRY Ate JOHN D. i < KROMSCHI&EDER C�� < 4 PID: 34- 18300 -19.1 -100 93.00' < \ I { 4 \ A � o { t 1 0.00' - �. { { 4 N < / — N ° < N I I o - PLATTED DRAIN ■ E ANDJ \ 1 + / UTILITY EASME N I X , I IC V� ENCUMBERED TEMPORARY EASEMENT AREA = 948 S.F. omm ;5 30 Prepared by: DIAMOND PATH TRAIL Prepared for: Project No. 1916 -22 Date 11/9/2011 A. 701 Xenia Avenue South. Suite 300 IMPROVEMENTS WSB Minneapolis. MN 55416 ww.wsben5g5= EASEMENT EXHIBIT - ROSEMOLINT Ef A000 n+iNNe5014 PARCEL 6 1 4NING C7aSTRUCTIO0 ROSEMOUNT, MINNESOTA INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION