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HomeMy WebLinkAbout6.f. Authorize Eminent Domain – Bacardi Avenue Street and Utility Improvements, City Project 452 4 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: February 18, 2014 AGENDA ITEM: Authorize Eminent Domain — Bacardi AGENDA SECTION: Avenue Street and Utility Improvements, Consent City Project 452 PREPARED BY: Andrew J. Brotzler, PE, Director of ' ^lic (I)i AGENDA NO. . Works / City Engineer . ATTACHMENTS: Resolution, Exhibits, Map APPROVED BY: RECOMMENDED ACTION: A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain ISSUE: The City has negotiated in good faith with the property owners to acquire the identified easements by voluntary purchase,using the appraised valuations as just compensation. Negotiations with property owners will continue;however,in accordance with State statute and to meet the anticipated construction schedule,it may be necessary to acquire easements by exercising the power of eminent domain. The attached resolution authorizes eminent domain for easement acquisition on this project. BACKGROUND: On November 19,2013,the Rosemount City Council authorized preparation of plans and specifications for Bacardi Avenue Street and Utility Improvements project. This project has been designated as City Project 452. The project involves improvements to Bacardi Avenue from Bonaire Path north to 130th Street West. These improvements include bituminous roadway paving, concrete curb and gutter,watermain, sanitary sewer,storm sewer,bituminous path, storm water treatment ponds,and wetland preservation and mitigation. The need for acquisition of permanent and temporary easements over properties adjacent to the project corridor has been identified through the design process. These acquisitions are necessitated by inadequate road right-of-way widths, future City maintainable infrastructure items associated with street and utility improvements (i.e. storm water treatment ponds,inlet structures,etc.),and wetland mitigation and preservation areas created and designated as a part of the project. Descriptions of the affected properties, as well as descriptions of the identified permanent and temporary easements required to construct the project are described in Exhibit A of the attached resolution. An independent appraiser,licensed by the State of Minnesota,has estimated damages for each affected property as a result of the easements. These estimated damages, or appraisal valuations,are listed for each affected property in Exhibit B of the attached resolution. G:\ENGPROJ\452\Council Items\20140218 CC AuthEminentDomain.doc SUMMARY: The Bacardi Avenue Street and Utility Improvements project, City Project 452,is necessary and in the public interest. Therefore,Staff recommends that the Council adopt the attached resolution authorizing eminent domain. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2014 — A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the City of Rosemount is a municipal corporation organized and operating under Minnesota law, and is authorized by Minnesota Statutes Sections 412.211 and 465.01 to acquire private property for an authorized public purpose, using the procedure prescribed by Minnesota Statutes, Chapter 117;and WHEREAS, the City Council has undertaken a project known as the Bacardi Avenue Street and Utility Improvements Project,City Project 452 (the"Project");and WHEREAS, the Project involves the upgrade of Bacardi Avenue between 130th Street West and Bonaire Path West by removing the existing gravel surface and installing bituminous pavement,new concrete curb and gutter;and WHEREAS, the Project also involves installing a bituminous trail, trunk sanitary sewer,trunk water main,raw water main, storm sewer,and stormwater treatment ponds; and WHEREAS, Bacardi Avenue is currently a rural, two-lane gravel roadway;and WHEREAS, the area adjacent to Bacardi Avenue has been experiencing rapid development, and a traffic study has determined that by 2030 there will be 3,000 vehicles per day on Bacardi Avenue, which is a typical traffic volume for a three-lane improved roadway;and WHEREAS, Bacardi Avenue as it currently exists is not adequate to accommodate the projected traffic volumes;and WHEREAS, due to residential development in the area and increased traffic, Bacardi Avenue should be upgraded to provide improved traffic flow and safer traffic movements;and WHEREAS, Bacardi Avenue is designated for the City's Municipal State Aid System, and as such, all proposed improvements must be designed to State Aid standards;and WHEREAS, in order to serve development that is already occurring east of Bacardi Avenue, it is necessary to extend trunk water main and sanitary sewer within Bacardi Avenue;and WHEREAS, it is also necessary to install within Bacardi Avenue water mains that in the future will carry water from municipal supply wells to a future water treatment facility at the Bacardi Tower site; and WHEREAS, storm sewer improvements and stormwater ponds are necessary to provide drainage from roadway surfaces and to provide treatment of roadway runoff, all in accordance with Municipal State Aid standards and the City of Rosemount's Comprehensive Stormwater Management Plan.; and WHEREAS, the City has identified the need to acquire permanent and temporary easements over certain real properties,as described on the attached Exhibit A (the"Easements") for purposes of the Project;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 appraiser's estimates of damages to the affected properties are listed on the attached Exhibit B;and WHEREAS, the City has negotiated in good faith with the owners of the affected properties to acquire the Easements by voluntary purchase but, as of the date of this resolution, has not reached agreement with those owners. 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 City Council deems it necessary in order to meet the anticipated construction schedule for the Project to acquire title to and possession of the Property prior to the filing of a final report of commissioners,in accordance with Minnesota Statutes,Section 117.042. 3. The City Attorney is authorized and directed on behalf of the City to acquire the Easements as described on Exhibit A for the Project by the exercise of the power of eminent domain pursuant to Minn. Stat. Chapter 117, and is specifically authorized to notify the owners of the City's intent to take possession pursuant to Minn. Stat. Sec. 117.042. 4. The amounts on the attached Exhibit B are hereby approved as just compensation for the Easements. 5. The City Attorney and city staff are further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. ADOPTED this 18th day of February,2014. 2 William H. Droste,Mayor ATTEST: Amy Domeier, City Clerk 3 EXHIBIT A Parcel 3 A permanent easement for drainage,utility,and ponding purposes, 17.00 feet in width, over,under,and across the following tract of land: The East 241.7 feet of the Southeast Quarter of the Northwest Quarter of Section 21,Township 115 North, Range 19 West,except the South 408.7 feet thereof,Dakota County,Minnesota. Said permanent easement lies easterly of line drawn parallel with and 50.00 west of the east line of said Southeast Quarter of the Northwest Quarter,westerly of line drawn parallel with and 33.00 west of the east line of said Southeast Quarter of the Northwest Quarter and north of Northern Natural Gas Pipeline Easement recorded as Document No. 593253 as is on file and of record in the Office of the County Recorder, Dakota County,Minnesota. Together with a temporary easement for construction purposes over,under, and across said tract of land, which lies westerly of a line drawn parallel with and 50.00 west of the east line of said Southeast Quarter of the Northwest Quarter and easterly of the following described line: Commencing at the Northeast Corner of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 48 minutes 11 seconds West, assumed bearing along the north line thereof, 73.00 feet to the point of beginning of the line to be hereinafter described;thence South 00 degrees 19 minutes 33 seconds West,parallel with the east line of said Southeast Quarter of the Northwest Quarter, 180.01 feet; thence South 89 degrees 48 minutes 11 Seconds West, 10.00 feet;thence South 00 degrees 19 minutes 33 seconds West,parallel with said east line, 125.01 feet; thence North 89 degrees 48 minutes 11 seconds East, 10.00 feet;thence South 00 degrees 19 minutes 33 seconds West,parallel with said east line, 489.67 feet to the north line of said Northern Natural Gas Pipeline Easement and said line there terminating. Parcel 4 A permanent easement for drainage,utility,and ponding purposes, 17.00 feet in width, over,under,and across the following tract of land: The East 585.5 feet of Government Lot 1, except the North 743.94 feet thereof, Section 21,Township 115, Range 19,according to the United States Government Survey thereof and situate in Dakota County,Minnesota. Said permanent easement lies easterly of a line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1 and westerly of a line drawn parallel with and 33.00 feet west of the east line of said Government Lot 1. Together with a temporary easement for construction purposes, 23.00 feet in width, over,under,and across said tract of land,which lies westerly of a line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1 and easterly of a line drawn parallel with and 73.00 feet west of the east line of said Government Lot 1. Also together with a permanent easement for wetland mitigation purposes, over,under,and across said tract of land lying westerly of a line drawn parallel with and 50.00 feet west of the east line of said Government 4 Lot 1, easterly of a line drawn parallel with and 213.00 feet west of the east line of said Government Lot 1 and northerly of a line drawn parallel with and 169.11 feet south of the north line of said Government Lot 1. Parcel 5 A permanent easement for drainage,utility,and ponding purposes, 17.00 feet in width, over,under, and across the following tract of land: The South 371.97 feet of the North 743.94 feet of the East 585.50 feet of Government Lot 1, Section 21,Township 115,Range 19,Dakota County,Minnesota. Said easement lies easterly of line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1 and westerly of line drawn parallel with and 33.00 feet west of the east line of said Government Lot 1. Together with a temporary easement for construction purpose over,under,and across said tract of land, which lies westerly of line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1 and easterly of a line drawn parallel with and 73.00 feet east of the east line of said Government Lot 1. Also together with a permanent easement for Wetland Mitigation purposes over,under,and across said tract of land which lies westerly of a line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1 and southeasterly of the following described line: Commencing at the Northeast Corner of said Government Lot 1;thence South 00 degrees 19 minutes 33 Seconds East,assumed bearing along the east line thereof, 743.98 feet; thence South 89 degrees 45 minutes 34 seconds West,parallel to the north line of said Government Lot 1, 213.00 feet to the point of beginning of the line to be hereinafter described;thence North 52 degrees 08 minutes 27 seconds East, 207.37 feet to a line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1 there terminating. Parcel 6 A permanent easement for drainage,utility,and ponding purposes, 17.00 feet in width over,under,and across the following tract of land: The north 371.97 feet of the east 585.50 feet of Government Lot 1, Section 21,Township 115,Range 19,Dakota County,Minnesota. Said permanent easement lies east of line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1,west of line drawn parallel with and 33.00 feet west of the east line of said Government Lot 1 and south of a line drawn parallel with and 60.00 feet south of the north line of said Government Lot 1. Together with a temporary easement for construction purposes, 159.00 feet in width, over,under,and across said tract of land,which lies westerly of line drawn parallel with and 50.00 feet west of the east line of said Government Lot 1, east of line drawn parallel with and 209.00 feet west of the east line of said Government Lot 1 and south of a line drawn parallel with and 60.00 feet south of the north line of said Government Lot 1. 5 Parcel 11 A permanent easement for drainage and utility purposes over,under,and across that part of the Lot 1,Block 1, Mallard Pond Second Addition,as is on file and of record in the Office of the County Recorder,Dakota County, Minnesota,described as follows: Commencing at the North Quarter Corner of Section 21,Township 115 North,Range 19 West of the Fifth Principal Meridian;thence South 89 degrees 13 minutes 48 seconds East,assumed bearing along the north line thereof,50.00 feet to the west line of said Lot 1 and the point of beginning;thence North 00 degrees 03 minutes 06 seconds East,along said west line,20.00 feet;thence South 89 degrees 13 minutes 48 seconds East,parallel to said north line,40.00 feet;thence South 00 degrees 03 minutes 06 seconds west,parallel to said west line,20.00 feet;thence South 00 degrees 18 minutes 31 seconds West, parallel to said west line,20.00 feet; thence north 89 degrees 13 minutes 48 seconds West,parallel to said north line,40.00 feet to said west line;thence North 00 degrees 18 minutes 31 seconds East,along said west line,20.00 feet to the point of beginning. Together with a temporary easement for construction purposes,over,under,and across that part of said Lot 1, described as follows: Commencing at the North Quarter Corner of Section 21,Township 115 North,Range 19 West of the Fifth Principal Meridian;thence South 89 degrees 13 minutes 48 seconds East assumed bearing along the north line thereof, 50.00 feet to the west line of said Lot 1;thence North 00 degrees 03 minutes 06 seconds East,along said west line,20.00 feet to the point of beginning;thence South 89 degrees 13 minutes 48 seconds East,parallel to said north line,40.00 feet;thence South 00 degrees 03 minutes 06 seconds west,parallel to said west line,20.00 feet;thence South 00 degrees 18 minutes 31 seconds West, parallel to said west line,20.00 feet;thence north 89 degrees 13 minutes 48 seconds West,parallel to said north line,40.00 feet to said west line; thence South 00 degrees 18 minutes 31 seconds West,along said west line,234.53 feet to the south line of said Lot 1;thence South 89 degrees 40 minutes 27 seconds East,along said south line,25.00 feet;thence North 00 degrees 18 minutes 31 seconds East,parallel to said west line,219.33 feet;thence South 89 degrees 13 minutes 48 seconds East,parallel to said north line,45.00 feet;thence North 00 degrees 18 minutes 30 seconds East,parallel to said west line,35.79 feet;thence North 00 degrees 03 minutes 06 seconds East,parallel to said west line,34.21 feet;thence North 89 degrees 13 minutes 48 seconds West,parallel to said north line,70.01 feet t said west line; thence South 00 degrees 03 minutes 06 second West,along said west line,20.00 feet to the point of beginning. 6 EXHIBIT B Parcel 3 Appraisal Date: January 28, 2014 Appraisal Valuation: $11,300.00 Parcel 4 Appraisal Date: January 28, 2014 Appraisal Valuation: $41,550.00 Parcel 5 Appraisal Date: January 28, 2014 Appraisal Valuation: $15,725.00 Parcel 6 Appraisal Date: January 28,2014 Appraisal Valuation: $30,850.00 Parcel 11 Appraisal Date: January 28, 2014 Appraisal Valuation: $1,500.00 7 N89°48'11'E N89°48'11'7 - i_ 23.00' 17.00' i O J -'t Z N W Z Z 9 23'TEMPORARY r .116 - , f EASEMENT .� /♦ I S M TOP SLOPE ✓ f,� f I. 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