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Home My WebLink About6.g. Authorize Eminent Domain – Safe Routes to SchoolI:\City Clerk\Agenda Items\Approved Items\6.g. Authorize Eminent Domain – Safe Routes to School.docx EXECUTIVE SUMMARY City Council Meeting: March 2, 2016 AGENDA ITEM: Authorize Eminent Domain – Safe Routes to School, ENG0180 AGENDA SECTION: Consent PREPARED BY: Patrick Wrase, PE, Director of Public Works / City Engineer AGENDA NO. 6.g. ATTACHMENTS: Resolution, Exhibit A, Exhibit B, 14385 Cameo Parcel Sketch APPROVED BY: ddj 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 and funding 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 October 20, 2015, the Rosemount City Council authorized Scope of Services for the Safe Route to School projects (Shannon Park Elementary and 144th Street West). This project has been designated as Engineering Project 0180. The project has been awarded Federal Funding that will provide for 80% of the project expenses. In order to insure Federal Funding, a strict timeline must be adhered to in order to insure to the Federal Agencies that the reserved funds will be utilized in a timely manner. In order to install and maintain the project improvements, it is necessary to acquire certain permanent easements and certain temporary construction easements. The acquisition of these easements is necessary in order to insure to the Federal Agencies that the project is capable of being constructed. The deadline for the delivery of the Right of Way Certificates required by the Federal Process is July 1, 2016 to insure the availability of the Federal Funding. There are 15 parcels within the project limits that will require the acquisition of temporary or permanent easements. Project consultants have negotiated with, and have already acquired or have verbal agreements for the necessary easements from 14 of the 15 properties. The 15th property, located at 14385 Cameo Avenue has not been agreeable to the appraised value of the easements and compensation offer. Within this property, it is necessary to obtain 552 square feet of temporary easement and 205 square feet of permanent easement. The details of the easements required can be seen on the attached parcel sketch. The appraised value of the temporary and permanent easements is $10,300 and is the amount of the original offer made to the property owner. The property owner feels this amount is extremely low. Project consultants and the property owners have been in negotiations and different compensation amount have 2 been discussed, but at this time there is not an agreement on the value of the easements. The property owner is currently seeking a second appraisal. Descriptions of the affected property, 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. See also the attached Parcel Sketch. 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 the affected property in Exhibit B of the attached resolution. Engineering Department Staff and Project Consultants feel that the offers that have been made for the necessary easements are fair and justified. While negotiations will continue with the property owner, it is imperative that the condemnation process be started now in order to assure acquisition of the property in a timely manner in order to meet the mandated schedule of the Federal Process and to assure the availability of the Federal Funding for the project. SUMMARY: The Safe Routes to School project, Engineering Project 0180, is necessary and in the public interest. Therefore, Staff recommends that the Council adopt the attached resolution authorizing eminent domain. 475836v1 DDS RS215-3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN FOR THE CITY OF ROSEMOUNT SAFE ROUTES TO SCHOOL PROJECT ENGINEERING PROJECT 0180 WHEREAS, the City of Rosemount (the City) has initiated the Safe Routes to School Project along 144th Street West (the Project), to construct a sidewalk, and appurtenant work; and WHEREAS, the construction schedule for the Project contemplates that the Project will start during 2016; and WHEREAS, it is necessary that the City obtain title and possession, either by negotiation or condemnation, to the necessary easements for the Project before construction may begin; and WHEREAS, the City has identified the need to acquire permanent and temporary easements, as described on the attached Exhibit A (the “Easements”), over certain real property for purposes of this 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 property as a result of the acquisition of the Easements; and WHEREAS, the appraiser’s estimates of damages to the property is listed on the attached Exhibit B; and WHEREAS, while the City is encouraged by the status of on-going negotiations with the affected landowners, it anticipates that it may fail to reach voluntary agreement despite the best efforts of the City’s agents. 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 and for a public purpose in furtherance of 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 Easements 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 by the quick take procedure authorized under Minnesota Statutes, Section 117.042. 475836v1 DDS RS215-3 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 2nd day of March, 2016 William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk 475836v1 DDS RS215-3 Exhibit A Parcel 15: (PID # 34-18200-01-090) A permanent easement for trail purposes over, under, and across the following described tract: Lots 8, 9 and the South ½ of Lot 7, Block 1, Thomas T. Conley’s Addition, Dakota County, Minnesota Said permanent easement lies southerly of the following described line: Commencing at the southwest corner of said Lot 9; thence North 00 degrees 26 minutes 00 seconds East, assumed bearing along the west line thereof, 2.38 feet to the point of beginning of said line to be hereinafter described; thence North 89 degrees 18 minutes 23 seconds East, 19.31 feet; thence South 00 degrees 41 minutes 37 seconds East, 2.42 feet to the south line of said Lot 9 and there terminating. AND A permanent easement for trail purposes over, under, and across the following described tract: Lots 8, 9 and the South ½ of Lot 7, Block 1, Thomas T. Conley’s Addition, Dakota County, Minnesota Said permanent easement lies southerly of the following described line: Commencing at the southeast corner of said Lot 9; thence North 01 degrees 01 minutes 10 seconds East, assumed bearing along the east line thereof, 7.91 feet to the point of beginning of said line to be hereinafter described; thence South 38 degrees 03 minutes 13 seconds West, 5.90 feet; thence South 82 degrees 59 minutes 41 seconds West, 5.80 feet; thence South 89 degrees 18 minutes 23 seconds West, 47.99 feet; thence South 00 degrees 41 minutes 37 seconds East, 2.56 feet to the south line of said Lot 9 and there terminating. AND A temporary easement for construction purposes over, under, and across the following described tract: Lots 8, 9 and the South ½ of Lot 7, Block 1, Thomas T. Conley’s Addition, Dakota County, Minnesota Said temporary easement lies northerly of Line A and Line B, and southerly of Line C, said Lines A, B, and C are described as follows: Line A: Commencing at the southwest corner of said Lot 9; thence North 00 degrees 26 minutes 00 seconds East, assumed bearing along the west line thereof, 2.38 feet to the point of beginning of said Line A to be hereinafter described; thence North 89 degrees 18 minutes 23 seconds East, 19.31 feet; thence South 00 degrees 41 minutes 37 seconds East, 2.42 feet to the south line of said Lot 9 and there terminating. Line B: Commencing at the southeast corner of said Lot 9; thence North 01 degrees 01 minutes 10 seconds East, assumed bearing along the east line thereof, 7.91 feet to the point of beginning of said Line B to be hereinafter described; thence South 38 degrees 03 minutes 13 seconds West, 5.90 feet; thence South 82 degrees 59 minutes 41 seconds West, 5.80 feet; thence South 89 degrees 18 minutes 23 seconds West, 47.99 feet; thence South 00 degrees 41 minutes 37 seconds East, 2.56 feet to the south line of said Lot 9 and there terminating. Line C: Commencing at the southwest corner of said Lot 9; thence North 00 degrees 26 minutes 00 seconds East, assumed bearing along the west line thereof, 5.38 feet to the point of beginning of said Line C to be hereinafter described; thence North 89 degrees 18 minutes 23 seconds East, 19.25 feet; thence South 00 degrees 41 minutes 37 seconds East, 2.35 feet; thence North 89 degrees 24 minutes 31 seconds East, 81.20; 475836v1 DDS RS215-3 thence North 00 degrees 41 minutes 37 seconds West, 3.49 feet; thence North 89 degrees 18 minutes 23 seconds East, 55.19 feet; thence North 24 degrees 43 minutes 44 seconds East, 6.60 feet; thence North 55 degrees 24 minutes 56 seconds East, 1.93 feet to the east line of said Lot 9 and there terminating. 475836v1 DDS RS215-3 Exhibit B Parcel 15 Appraisal Date: December 30, 2015 Appraisal Valuation: $10,300.00 Parcel #15 - Robert Dupre and Rita Balkowitsch-Dupre 16 Parcel Sketch