HomeMy WebLinkAbout6.o. Exclusion of Wetland Mitigation Easements – Bacardi Avenue Improvements, City Project 452 4ROSEMOLINTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: April 15, 2014
AGENDA ITEM: Exclusion of Wetland Mitigation AGENDA SECTION:
Easements — Bacardi Avenue Consent
Improvements, City Project 452
PREPARED BY: Phil Olson, PE, Assistant City Engjmr AGENDA NO. 1.1.U.
ATTACHMENTS: Resolution, Exhibits (Parcel 4 & 5), Map APPROVED BY:
RECOMMENDED ACTIONS: Motion to Adopt a Resolution Amending Resolution 2014-
18, by Reducing the Scope of Eminent Domain Acquisition by Deferring Wetland Mitigation
Easement Takings for the Bacardi Avenue Improvements, City Project 452
BACKGROUND:
By working through the wetland permitting for the Bacardi Avenue Improvement Project, the City
determined that the wetland mitigation easements are not required at this time. Therefore we are
requesting they be removed from Resolution 2014-18,which was adopted on February 18, 2014.
This amendment will remove wetland mitigation easements from Parcel 4 and Parcel 5. Updated exhibits
are provided along with an update resolution containing information on the project easements and offer
amounts.
SUMMARY:
Staff is recommending Council adoption of a resolution amending Resolution 2014-18, by reducing the
scope of eminent domain acquisition by deferring wetland mitigation easement takings for the Bacardi
Avenue Improvement, City Project 452.
CI:AENGPKOJA452VCouncil Items\20140415 CC Excluding Wetland Alitigation E asemena.docx
CITY OF ROSEMOUNT
RESOLUTION 2014-
RESOLUTION AMENDING RESOLUTION 2014-18, BY REDUCING THE SCOPE OF
EMINENT DOMAIN ACQUISITION BY DEFERRING
WETLAND MITIGATION EASEMENT TAKINGS
FOR BACARDI AVENUE IMPROVEMENTS
CITY PROJECT 452
WHEREAS, on February 18, 2014, the City Council passed Resolution No. 2014-18, A Resolution
Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings
in Eminent Domain to acquire property for City Project 452; and
WHEREAS, in passing Resolution No. 2014-18, the City Council found it necessary, reasonable
and convenient to acquire, and authorized the acquisition of, certain permanent easements and
certain temporary easements (collectively "Real Property Interests") in order to install and maintain
City Project 452 as depicted in Exhibit A of said Resolution; and
WHEREAS, certain wetland mitigation easements were included among those Real Property
Interests deemed reasonably necessary to acquire in order to install and maintain City Project 452;
and
WHEREAS, since the passage of Resolution No. 2014-18, the City Council has been advised that
there is an alternative construction approach that, if successful, may eliminate the need to acquire
certain wetland mitigation easements for City Project 452; and
WHEREAS, the City Council wishes to attempt the alternative construction approach to avoid if
possible the acquisition of wetland mitigation easements for City Project 452; and
WHEREAS, the scope of taking of Real Property Interests excluding the wetland mitigation
easements is depicted in Exhibit A, and the proposed values of said takings is set forth in Exhibit B,
attached hereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount in
regular meeting assembled that:
1. The City Council will not acquire the wetland mitigation easements included in the Real
Property Interests authorized for taking under Resolution No. 2014-18 at this time;
2. The City will attempt the alternative construction approach that will not involve acquisition
of said wetland mitigation easements, but reserves its authority to acquire the easements
through condemnation if the alternative construction approach is unsuccessful;
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3. The City Council approves new Exhibit A and Exhibit B, attached hereto.
ADOPTED this 15th day of April, 2014.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
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EXHIBIT A
(Parcels 3, 4, 5, 6, and 11)
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EXHIBIT A
Parcel No. 3: Property I.D. 34-02110-34-012, Abstract
Property Address: unassigned
Description of Subject Property:
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. (The"Property")
Description of easements to be taken:
A permanent easement for drainage, utility, and ponding purposes, 17.00 feet in width, over,
under, and across the Property:
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 the
Property, 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.
Subject to easements of record, except as taken herein.
Interests being encumbered within the taking areas described above:
NAME NATURE OF INTEREST
Jeanne Reuter and John Anderson Fee owners
Larry Reuter, spouse of Jeanne Reuter Inchoate interest
Lori Anderson, spouse of John Anderson Inchoate interest
People First Recoveries, IDT Cannel Inc. Potential judgment creditor
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All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs, devisees acquired portion of the Subject
and spouses, if any, of any of the named Property
parties
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention to encumber all interests owned or claimed by the named respondents in
the Subject Property within the taking areas described above.
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Parcel No. 4: Property I.D. 34-02110-29-011, Abstract
Property Address: 13217 Bacardi Avenue, Rosemount, MN 55068
Description of Subject Property:
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.
(The "Property")
Description of easements to be taken:
A permanent easement for drainage, utility, and ponding purposes, 17.00 feet in width, over,
under, and across the Property:
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 the Property, 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.
Subject to easements of record, except as taken herein.
Interests being encumbered within the taking areas described above:
NAME NATURE OF INTEREST
Laurie A. Farricielli Fee owner
Spouse of Laurie A. Farricielli, if any Inchoate interest
Wells Fargo,National Association Mortgagee, Document No. 2809415
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs, devisees acquired portion of the Subject
and spouses, if any, of the named parties Property
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention to encumber all interests owned or claimed by the named respondents in
the Subject Property within the taking areas described above.
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441445v3 RJR RS220-357
Parcel No. 5: Property I.D. 34-02110-29-014, Abstract
Property Address: 13075 Bacardi Avenue, Rosemount, MN 55068
Description of Subject Property:
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.
(The"Property")
Description of easements to be taken:
A permanent easement for drainage, utility, and ponding purposes, 17.00 feet in width, over,
under, and across the Property:
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 the
Property, 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 west of the east
line of said Government Lot 1.
Subject to easements of record, except as taken herein.
Interests being encumbered within the taking areas described above:
NAME NATURE OF INTEREST
Conny R. Mahoney and Craig B. Mahoney, Fee owners
married to each other
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs, devisees acquired portion of the Subject
and spouses, if any, of the named parties Property
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention to encumber all interests owned or claimed by the named respondents in
the Subject Property within the taking areas described above.
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441445v3 RIR R5220-357
Parcel No. 6: Property I.D. 34-02110-29-013, Abstract
Property Address: 13075 Bacardi Avenue, Rosemount, MN 55068
Description of Subject Property:
The north 371.97 feet of the east 585.50 feet of Government Lot 1, Section 21, Township
115, Range 19, Dakota County, Minnesota.
(The "Property")
Description of easements to be taken:
A permanent easement for drainage, utility, and ponding purposes, 17.00 feet in width over,
under, and across the following tract of land:
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 the Property, 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.
Subject to easements of record, except as taken herein.
Interests being encumbered within the taking areas described above:
NAME NATURE OF INTEREST
Christopher L. Gordon and Karen M. Fee owners
Gordon,joint tenants
Spouse of Karen M. Gordon, if any Inchoate interest
Spouse of Christopher L. Gordon, if any Inchoate interest
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs, devisees acquired portion of the Subject
and spouses, if any, of the named parties Property
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention to encumber all interests owned or claimed by the named respondents in
the Subject Property within the taking areas described above.
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Parcel No. 11: Property I.D. 34-45601-01-010, Abstract
Property Address: 12890 Bacardi Ave, Rosemount, MN 55068
Description of Subject Property:
Lot 1, Block 1, Mallard Pond Second Addition, Dakota County, Minnesota.
(The "Property")
Description of easements to be taken:
A permanent easement for drainage and utility purposes over, under, and across the Property,
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 the Property,
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.
Subject to easements of record, except as taken herein.
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441445v3 RJR RS220-357
Interests being encumbered within the taking areas described above:
NAME NATURE OF INTEREST
Asad Irfanullah and Noreen Sheikh,joint Fee owners
tenants
Spouse of Asad Irfanullah, if any Inchoate interest
Spouse of Noreen Sheikh, if any Inchoate interest
All other parties unknown, together with Any right, title or interest within the
unknown successors, assigns, heirs, devisees acquired portion of the Subject
and spouses, if any, of the named parties Property
Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is
Petitioner's intention to encumber all interests owned or claimed by the named respondents in
the Subject Property within the taking areas described above.
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441445v3 RJR RS220-357
EXHIBIT B
PROPOSED VALUES
Parcel 3
Appraisal Date: January 28, 2014
Appraisal Valuation: $11,300.00
Parcel 4
Appraisal Date: April 7, 2014
Appraisal Valuation: $ 25,650.00
Parcel 5
Appraisal Date: April 7, 2014
Appraisal Valuation: $9,750.00
Parcel 6
Appraisal Date: January 28, 2014
Appraisal Valuation: $30,850.00
Parcel 11
Appraisal Date: Januray 28, 2014
Appraisal Valuation: $1,500.00
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441445v3 RJR RS220-357
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