HomeMy WebLinkAbout6.k. Authorize Eminent Domain - County Road 38, Phase II City Project 387AGENDA ITEM: Authorize Eminent Domain, County Road
38, Phase II, City Project #387
AGENDA SECTION:
Consent
PREPARED BY: Andrew J Brotzler, P.E., City Enginee
AGEN
ATTACHMENTS: Resolution
APPROVED BY:
RECOMMENDED ACTION: A Resolution Determining the Necessity for and Aut orizing
the Acquisition of Certain Property by Proceedings in Eminent Domain
HEM o6
tSROSE1 vlOt�NT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: February 21, 2006
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, m 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 October 18, 2005, the Rosemount City Council authorized preparation of plans and specifications for
the Old County Road 38 Street and Utility Improvements project This project has been designated as
City Project #387.
The project involves improvements to 132nd Street West, Bonaire Path, and 135th Street West, as
contiguous segments of Old County Road 38 from South Robert Trail (Trunk Highway 3) east to Akron
Avenue (County Road 73). These improvements include bituminous roadway paving, concrete curb and
gutter, waterrnaun, 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 \387 \AuthEminentDomamCC2 -21 -06 doc
SUMMARY:
The Old County Road 38 Street and Utility Improvements project, City Project #387, is necessary and m
the public interest. Therefore, Staff recommends that the Council adopt the attached resolution
authorizing eminent domain.
1
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2006
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 operatmg under
Minnesota law, and is authorized by Minnesota Statutes Sections 412.211 and 465 01 to acquire
private property for an authonzed pubhc purpose, using the procedure prescribed by Mmnesota
Statutes, Chapter 117; and
WHEREAS, the City Council has undertaken a project known as the County Road 38/135 Street
West, Phase 2 Street and Utility Improvements Project (City Project #387) (the "Project and
WHEREAS, the Project involves the upgrade of 135 Street West between the Harmony
residential subdivision and Akron Avenue by removing the existing gravel surface and installing
bituminous pavement, new concrete curb and gutter, and railroad crossing; 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, 135'' Street West is currently a rural, two -lane gravel roadway that is in poor
condition; and
WHEREAS, until recently 135t Street West was designated as County Road 38, under the
junsdicnon of Dakota County; but Dakota County has turned over junsdrenon of that roadway to
the City of Rosemount, and
WHEREAS, the area adjacent to 135 Street West has been expenencing rapid development, and a
traffic study has determined that by 2025 there will be 5,800 to 7,300 vehicles per day on 135` Street
West, which is a typical.traffic volume for a three -lane improved roadway, and
WHEREAS, 135t Street West as it currently exists is not adequate to accommodate the projected
traffic volumes, and
WHEREAS, due to continued residential development m the area, increased traffic, accidents, and
deteriorating streets, 135` Street West should be reconstructed and upgraded to provide unproved
traffic flow and safer traffic movements; and
WHEREAS, 135 Street West 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 south of 135' Street, it is
necessary to extend trunk water main and sanitary sewer within 135 Street, and
WHEREAS, it is also necessary to install within 135 Street water mains that in the future will carry
water from mumcipal 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 m 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 foi 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 m 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, m 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.
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125220 -209
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Resolution 2006
4. The amounts on the attached Exhibit 13 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 21" day of February, 2006.
ATTEST:
Linda Jenunk, City Clerk
William H. Droste, Mayor
Resolution 2006
Motion by: Seconded by:
Voted in favor:
Voted against.
CAH275434v12 3
RS220 -209
EXHIBIT A
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Resolution 2006
Parcel 1
Description of affected property:
That part of Government Lot Two (2), Section Twenty -one (21), Township One Hundred fifteen
(115), Range Nineteen (19), lying northerly of the centerline of County Road 38, excepting there
from the following:
Commencing at a point where the West line of said Government Lot Two (2) intersects the
centerline of County Road 38, said point being 851.4 feet North of the Southwest corner of said
Government Lot Two (2); thence Southeasterly along the centerline of said road, said centerline
forming an angle of 60° 45' with the West line of said Government Lot Two (2), a distance of 143 7
feet to the point of beginning of the property to be described, thence at right angles to said
centerline Northeasterly 233 0 feet, thence Southeasterly at right angle and parallel with said road
200 feet to a point which is 50 feet westerly of the westerly right of way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company, thence Southerly and parallel and 50 feet distant
from said railroad right of way line, 248 4 feet more or less to the centerline of said County Road,
thence Northwesterly along said road 285.8 feet to the point of beginning,
And further excepting there from the right of way of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company.
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property, which lies southwesterly of a line drawn parallel with and distant 50.00
feet northeasterly of the following dcscnbed line
Commencmg at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Townslup 115, Range 19, Dakota County, Minnesota; thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 19 09 feet; thence South 88 degrees 58 minutes 37 seconds West, 1085 75 feet, to the point
of beginning of said hne to be hereinafter described; thence westerly and northwesterly, 437.29 feet,
along a tangential curve, concave to the northeast, having a radius of 680.00 feet and a central angle
of 36 degrees 50 minutes 43 seconds; thence North 54 degrees 10 minutes 40 seconds West, tangent
to the last described curve, 803.09 feet, thence northwesterly, 85.65 feet, along a tangential curve
concave to the southwest, having a radius of 700.00 feet and a central angle of 07 degrees 00
minutes 39 seconds, thence North 61 degrees 11 minutes 19 seconds West, tangent to the last
described curve, 550.00 feet, and said line there tenrunating
2. A perpetual, non- excluswe easement for utility and drainage purposes over, under, across and through
that part of the Property described as follows:
Commencing at the southwest corner of the Southwest Quarter of the Northwest Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota; thence North 89 degrees 50 minutes 49
Resolution 2006
seconds East, assumed bearing along the south line of said Southwest Quarter of the Northwest
Quarter, 409.06 feet, to the point of beginning; thence contmumg North 89 degrees 50 minutes 49
seconds East, along said south line of the Southwest Quarter, of the Northwest Quarter, 472 39 feet;
thence North 03 degrees 17 minutes 18 seconds East, 478.52 feet, thence North 39 degrees 17
minutes 27 seconds West, 73 95 feet, thence North 05 degrees 42 minutes 34 seconds West, 58.82
feet; thence South 87 degrees 51 minutes 56 seconds West, 20 34 feet, thence South 05 degrees 59
minutes 26 seconds East, 57.37 feet; thence South 65 degrees 05 minutes 11 seconds West, 10 30 feet,
thence South 19 degrees 44 nunutes 41 seconds West, 36.46 feet; thence South 39 degrees 31 minutes
39 seconds West, 646.01 feet, to the point of beginning Except that part which hes within the above
described permanent easement for street, utility and drainage purposes.
3 A temporary easement for construction purposes over, under, across and through that part of the
Property described as follows:
Commencing at said southwest corner of the Southwest Quarter of the Northwest Quarter; thence
North 89 degrees 50 minutes 49 seconds East, assumed bearing along said south line of the
Southwest Quarter of the Northwest Quarter, 377.39 feet, to the point of beginning, thence
continuing North 89 degrees 50 minutes 49 seconds East, along said south hne of the Southwest
Quarter of the Northwest Quarter, 527.08 feet; thence North 02 degrees 32 minutes 35 seconds
East, 493.49 feet, thence North 40 degrees 56 minutes 47 seconds West, 83.76 feet; thence South 89
degrees 48 minutes 31 seconds West, 35.78 feet, thence South 39 degrees 25 minutes 10 seconds
West, 721.75 feet, to the point of beginning. Except that part which hes within the above described
permanent easement for street, utility and drainage purposes, and also except that part which hes
within the above described permanent easement for utility and drainage purposes.
Said temporary easement expires on November 15, 2007.
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Resolution 2006
Parcel 2
Description of affected property:
The Southeast Quarter of the Northwest Quarter of Section 21, Township 115, Range 19, except the
East (585 5') thereof m Dakota County, Minnesota.
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes southerly and southwesterly of a hne drawn parallel with and
distant 50.00 feet northerly and northeasterly of the following described line:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 19 09 feet, to the point of beginning of said line to be hereinafter described, thence South
88 degrees 58 rninutes 37 seconds West, 1085.75 feet, thence westerly and northwesterly, 437 29
feet, along a tangential curve, concave to the northeast, having a radius of 680 00 feet and a central
angle of 36 degrees 50 minutes 43 seconds, and said line there temmmatmg.
2. A perpetual, non exclusive easement for utility and drainage purposes over, under, across and
through that part of the Property described as follows:
Beginning at the southwest corner of the Southeast Quarter of the Northwest Quarter of Section 21,
Township 115, Range 19, Dakota County, Minnesota, thence North 89 degrees 50 minutes 49
seconds East, assumed bearing along the south line of said Southeast Quarter of the Northwest
Quarter, 415 03 feet; thence North 29 degrees 29 minutes 25 seconds East, 31.07 feet, thence North
04 degrees 38 minutes 19 seconds \Vest, 41.52 feet, thence North 35 degrees 37 minutes 39 seconds
East, 160 55 feet, Thence North 10 degrees 48 minutes 41 seconds East, 29 51 feet, thence North 22
degrees 54 minutes 43 seconds West, 37 35 feet, thence North 57 degrees 32 minutes 54 seconds
West, 48 35 feet, thence North 18 degrees 44 minutes 30 seconds West, 56.41 feet, thence North 35
degrees 11 minutes 12 seconds West, 121.42 feet, thence South 83 degrees 06 minutes 12 seconds
West, 100.16 feet; thence South 52 degrees 49 minutes 51 seconds West, 168.04 feet, thence South
89 degrees 16 minutes 27 seconds West, 148.46 feet, to the west line of said Southeast Quarter of
the Northwest Quarter, thence South 00 degrees 08 minutes 30 seconds West, along said west line,
326.59 feet, to the point of beginning. Except that part of (THE TRACT) which hes southwesterly
and southerly of the northeasterly and northerly hne of the above described permanent casement for
street, utility and drainage purposes. Except that part which hes within the above described
permanent easement for street, utility and drainage purposes
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Parcel 3
Description of affected property:
Resolution 2006
The east 585.5 feet of the Southeast of the Northwest' of Seaton 21, Township 115, Rangel9,
Except the east 241 7 feet thereof, according to the Umted States Government Survey thereof and
situate in Dakota County, Minnesota.
Description of Easements to be acquired:
1 A perpetual, non exclusive easement for street, utihty and drainage purposes over, under, across and
through that part of the Pioperty which hes southerly of a line drawn parallel with and distant 50 00 feet
northerly of the following described line:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota; thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east hne of said Northeast Quarter of the Southwest
Quarter, 19.09 feet, to the point of beguuung of said line to be hereinafter described, thence South
88 degrees 58 minutes 37 seconds West, 1085 75 feet, and said line there terminating
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Resolution 2006
Parcel 4
Description of affected property:
The East 241.7 feet of the South 391.7 feet of the Southeast Quarter of the Northwest Quarter of
Section 21, Township 115, Range 19, except the North 60 feet of the South 93 feet of the East 50
feet and except road, Dakota County, Minnesota.
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which lies southerly of a line drawn parallel with and distant 50 00 feet
northerly of the following described hne:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota; thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 19.09 feet, to the point of beginning of said lure to be hereinafter described, thence South
88 degrees 58 minutes 37 seconds West, 1085.75 feet, and said line there terminating
Parcel 6
Description of affected property:
Description of Easements to be acquired:
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Resolution 2006
A tract of land m the NE 1 /4 of Section 21, Township 115, Range 19, Dakota County, Minn
described as follows. Commencing at the Southeast corner of said NE 1 /4 and running thence
Westerly along the South line thereof a distance of 1196 6 feet to the point of begmnmg, thence
deflecting 90 degrees right and Northerly a distance of 633 feet; thence deflecting 90 degrees right a
distance of 50 feet, thence deflecting 90 degrees left a distance of 520 feet; thence deflecting 90
degrees left a distance of 628,4 feet, thence deflecting 97 degrees 49 minutes 40 seconds left a
distance of 1163.85 feet to the South line of said NE 1 /4, thence Easterly along said South line a
distance of 420 feet to the point of beginning.
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes southerly of a lore drawn parallel with and distant 50.00 feet
northerly of the following described line:
Commencing at the northwest corner of the Northwest Quarter of the Southeast Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the west line of said Northwest Quarter of the Southeast
Quarter, 19.09 feet, thence North 88 degrees 58 minutes 37 seconds East, 446 26 feet, thence
easterly, 174.04 feet, along a tangential curve, concave to the south, having a radius of 11462 44 feet
and a central angle of 00 degrees 52 minutes 12 seconds, to the point of beginning of said hne to be
hereinafter described, thence North 89 degrees 50 minutes 49 seconds East, tangent to the last
described curve, 439 82 feet; thence easterly, 81.05 feet, along a tangential curve, concave to the
north, having a radius of 11451 57 feet and a central angle of 00 degrees 24 minutes 20 seconds;
thence North 89 degrees 26 minutes 30 seconds East, tangent to the last described curve, 1386 43
feet, and said line there terminating
Resolution 2006
Parcel 7
Description of affected property:
That part of the Northeast Quarter of Section 21, Township 115, Range 19, Dakota County,
Minnesota, described as follows. Commencing at the southeast corner of said Northeast Quarter;
thence West along the south line thereof a distance of 607 35 feet to the point of beginning of land
to be described; thence continuing west along said south line a distance of 589.25 feet; thence deflect
90° right and North a distance of 633 00 feet, thence deflect 90° right and east a distance of 50 00
feet, thence deflect 90° left and north a distance of 520.00 feet; thence deflect 90° sight and east a
distance of 539 25 feet, thence deflect 90° right and south a distance of 1153.00 feet to the point of
beginning
Description of Easements to be acquired:
1 A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes southerly of a line drawn parallel with and distant 50 00 feet
northerly of the following described line:
Commencing at the northwest corner of the Northwest Quarter of the Southeast Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the west line of said Northwest Quarter of the Southeast
Quarter, 19 09 feet, thence North 88 degrees 58 minutes 37 seconds East, 446.26 feet, thence
easterly, 174.04 feet, along a tangential curve, concave to the south, having a iadius of 11462.44 feet
and a central angle of 00 degrees 52 minutes 12 seconds, to the point of beginning of said line to be
hereinafter described, thence North 89 degrees 50 minutes 49 seconds East, tangent to the last
described curve, 439.82 feet; thence easterly, 81.05 feet, along a tangential curve, concave to the
north, having a radius of 11451.57 feet and a central angle of 00 degrees 24 minutes 20 seconds;
thence North 89 degrees 26 minutes 31 seconds East, tangent to the last described curve, 1386 43
feet, and said line there terminating.
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Parcel 8
Description of affected property:
Description of Easements to be acquired:
Resolution 2006
Northwest Quarter (NW 1/4) of Section 22, Township 115, Range 19, Dakota County, Minnesota.
and
All that part of the East One -Half of the Southwest Quarter (E '/z of SW 1/4) of Section Twenty -two
(22), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota County, Minnesota, lying
north of the centerline of 135t Street West as now estabhshed, also known as County Road 38.
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property, which hes southerly of a line drawn parallel with and distant 50 00 feet
northerly of the following described line:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
22, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 05 minutes 05
seconds West, assumed bearing along the east hne of said Northeast Quarter of the Southwest
Quarter, 40.32 feet, to the point of beginning of said line to be hereinafter described; thence South
89 degrees 25 imputes 51 seconds West, 1169.07 feet, thence westerly, 1038 48 feet, along a
tangenual curve, concave to the north, having a radius of 11459 00 feet and a central angle of 05
degrees 11 minutes 33 seconds, thence North 85 degrees 22 minutes 36 seconds West, tangent to
the last described curve, 319 43 feet; thence westerly, 130.67 feet, along a tangential curve, concave
to the south, having a radius of 2865 00 feet and a central angle of 02 degrees 36 minutes 48
seconds, to the west hne of the northwest Quarter of said Southwest Quarter, and said line there
terminating.
2. A perpetual, non exclusive easement for utility and drainage purposes over, under, across and
through a strip of land 10.0 feet in width over that part of the Property, the southerly line of which is
contiguous with the northerly hne of the above described permanent easement for street, utility and
drainage purposes
Said strip of land is to extend by its full width from a line drawn parallel with and distant 164.00 feet
easterly of the west line of the Northeast Quarter of the Southwest Quarter of said Section 22, to a
hne drawn parallel with and distant 184.00 feet easterly of said west line of the Northeast Quarter of
the Southwest Quarter
3. A temporary easement for construction purposes over, under, across and through that part of the
Property described as follows.
A strip of land 20 00 feet in width over that part of the Property, the southerly line of which is
contiguous with the northerly line of the above described permanent easement for street, utility and
drainage purposes.
Said strip of land is to extend by its full width from a line drawn parallel with and distant 154 00 feet
easterly of said west line of the Northeast Quarter of the Southwest Quarter, to a line drawn parallel
with and distant 194.00 feet easterly of said west line of the Northeast Quarter of the Southwest
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Resolution 2006
Quarter. Except that part which he within the above described permanent easement for utility and
drainage purposes.
Said temporary easement expires on November 15, 2007
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Parcel 9
Description of affected property:
Resolution 2006
That part of the East Half of the Southwest Quarter (E1 SW 1/4) of Section 22, Township 115,
Range 19, Dakota County, Minnesota, lying northerly of the northerly right -of -way line of the
Chicago, Rock Island and Pacific Railroad, and lying southerly of the centerline of 135` Street West
as now estabhshed (also known as County Road No 38)
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes northerly of a line drawn parallel with and distant 50 00 feet
southerly of the following described line.
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
22, Township 115, Range 19, Dakota County, Minnesota; thence South 00 degrees 05 minutes 05
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 40.32 feet, to the point of beginning of said line to be hereinafter described, thence South
89 degrees 25 minutes 51 seconds West, 1169 0 feet, thence westerly, 1038 48 feet, along a
tangential curve, concave to the north, having a radius of 11459 00 feet and a central angle of 05
degrees 11 minutes 33 seconds, and said line there terminating.
2. A temporary easement for utility and drainage purposes over, under, across and through that part of the
Property descubed as follows Commencing at the northwest corner of the Northeast Quarter of said
Southwest Quarter; thence South 89 degrees 32 minutes 51 seconds East, assumed bearing along the north
line of said Northeast Quarter of the Southwest Quarter, 144.83 feet, to the point of beginning; thence
South 02 degrees 10 minutes 52 seconds West, 148,02 feet, thence South 22 degrees 26 nunutes 13 seconds
West, 94 82 feet; thence South 00 degrees 00 minutes 00 seconds East, 67.44 feet, thence North 89 degrees
59 nunutes 05 seconds West, 83.53 feet, thence South 00 degrees 14 minutes 43 seconds West, 29 52 feet;
thence North 89 degrees 55 minutes 18 seconds East, 86 24 feet; thence South 00 degrees 14 minutes 56
seconds \'Vest, 32 79 feet; thence North 90 degrees 00 minutes 00 seconds East, 99 63 feet, thence North 00
degrees 00 minutes 00 seconds East, 30 56 feet; thence North 89 degrees 57 minutes 26 seconds East,
162.77 feet; thence North 00 degrees 06 minutes 32 seconds West, 29.33 feet; thence North 89 degrees 25
minutes 51 seconds West, 124 29 feet, thence North 00 degrees 00 minutes 00 seconds East, 69 30 feet;
thence North 17 degrees 22 minutes 18 seconds West, 245 63 feet, to said north hne of the Northeast
Quarter of the Southwest Quarter; thence North 89 degrees 32 minutes 51 seconds West, along said north
hne of the Northeast of the Southwest Quarter, 25.34 feet, to the point of beginning. Except that part which
hes within the above described permanent easement for street, utility and drainage purposes.
Said temporary easement expires on upon the recording of a plat which includes the Property.
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Parcel 10
Description of affected property:
Resolution 2006
All that pan of the West One -half of the Southwest Quarter (VG'1/2 of SW1 /4) of Section Twenty
two (22), Township One Hundred Fifteen (115), Range Nineteen (19), lying south of the centerline
of 135th Street West as now established, except a step of land 50 feet in width on each side of the
centerline as located over and across said lands conveyed to Burlington, Cedar Rapids Northern
Railway Company according to the Government Survey thereof; said 135th Street above referred to
also known as County Road 38
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes northerly of a line drawn parallel with and distant 50 00 feet
southerly of the following descnbed line:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
22, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 05 minutes 05
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 40.32 feet, thence South 89 degrees 25 mmutes 51 seconds West, 1169.07 feet, to the point
of beginning of said line to be hereinafter described, thence westerly, 1038.48 feet, along a tangential
curve, concave to the north, having a radius of 11459 00 feet and a central angle of 05 degrees 11
minutes 33 seconds; thence North 85 degrees 22 minutes 36 seconds West, tangent to the last
descnbed curve, 319 43 feet, thence westerly, 130 67 feet, along a tangential curve, concave to the
south, having a radius of 2865.00 feet and a central angle of 02 degrees 36 minutes 48 seconds, to
the west line of the northwest Quarter of said Southwest Quarter, and said line there terminating.
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Parcel 12
Description of affected property.
The North 572 feet of the East 300 feet of the Southwest Quarter of Section 21, Township 115,
Range 19, Dakota County, Minnesota.
Description of Easements to be acquired:
Resolution 2006
1. A perpetual, non exclusive easement for street, utihty and drainage purposes over, under, across and
through that part of the Property, which hes northerly of a line drawn parallel with and distant 50.00 feet
southerly of the following described line.
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 19.09 feet, to the point of beginning of said line to be hereinafter described; thence South
88 degrees 58 minutes 37 seconds West, 1085.75 feet, and said line there tcrmmating.
2. A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through
the south 50.00 feet of the north 572.00 feet of the east 25.00 feet of the Property.
A temporary easement for construction purposes over, under, across and through the east 25.00 feet of
the Property. Except that part which hes withm the above described permanent easements.
Said temporary easement expires on November 15, 2007.
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Resolution 2006
Parcel 13
Description of affected property:
The East One Quarter of the Southwest Quarter of Section 21, Township 115, Range 19,
except the North 1452.090 feet of the East 300.00 feet thereof lying northerly of the
following described hne: Commencing at a point on the East line of said east one quarter of
the Southwest Quarter distant 1180.78 feet north from the southeast corner thereof, thence
in a westerly direction a distance of 656.61 feet to a point on the west line of said east one
quarter of the Southwest Quarter distant 1175.21 feet north from the southwest corner
thereof and said line there terminating, Dakota County, Minnesota
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes northerly of a line drawn parallel with and distant 50.00 feet
southeily of the following described line.
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Township 115, Range 19, Dakota Countv, Minnesota, thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 19 09 feet, to the point of beginning of said line to be hereinafter described; thence South
88 degrees 58 minutes 37 seconds West, 1085.75 feet, and said line there terminating
Parcel 14
Description of affected property:
That part of Government Lot 2 and the West Half of the Southwest Quarter of Section 21,
Township 115, Range 19, Dakota County, Minnesota, described as follows.
Commencing at the Southeast corner of said West Half of the Southwest Quarter, thence North 0
degrees 11 minutes 11 seconds West, (assumed bearing) along the East line thereof a distance of
1753.82 feet to the point of beginning of the land to be described; thence continuing North 0
degrees 11 minutes 11 seconds West along said East line a distance of 900 00 feet to the centerline
of 135 Street West; thence Northwesterly to said centerline along a non tangential curve concave to
the Northeast having a radius of 433.55 feet a central angle of 8 degrees 32 minutes 38 seconds and
a chord bearing of North 63 degrees 42 minutes 54 seconds West for a distance of 64.65 feet, thence
North 59 degrees 26 minutes 36 seconds \Vest along said centerline, tangent to the last described
curve, a distance of 295 35 feet, thence South 2 degrees 12 minutes 43 seconds West a distance of
1016 23 feet, thence South 79 degrees 52 minutes 34 seconds East a distance of 360 00 feet to the
point of beginning.
Description of Easements to be acquired:
17
Resolution 2006
1. A perpetual, non exclusive easement for street, utihty and drainage purposes over, under, across and
through that part of the Property which hes northeasteily of a line drawn parallel with and distant 50 00 feet
southwesterly of the following described line:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of
Section 21, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees
19 mantes 33 seconds West, assumed bearing along the east line of said Northeast Quarter
of the Southwest Quarter, 19 09 feet; thence South 88 degrees 58 minutes 37 seconds West,
1085.75 feet, to the point of beginning of said line to be hereinafter described, thence
westerly and northwesterly, 437.29 feet, along a tangential curve, concave to the northeast,
having a radius of 680.00 feet and a central angle of 36 degrees 50 minutes 43 seconds;
thence North 54 degrees 10 minutes 40 seconds West, tangent to the last descnbed curve,
803.09 feet, and said line there terminating
18
Resolution 2006
Parcel 15
Description of affected property:
That part of Government Lot 2 and the West Half of the Southwest Quarter (W 1 /z of SW '/a) of
Section Twenty One, (21), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota
County, Minnesota described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter (W 1/2 of SW /a);
thence North 0 degrees 11 minutes 11 seconds West (assumed bearing) along the East line thereof a
distance of 1753.82 feet; thence contmumg North 0 degrees 11 imnutes 11 seconds West along said
East hne a distance of 900 00 feet to the centerhne of 135 Street West, thence Northwesterly on
said centerhne along a non tangential curve concave to the Northeast having a radius of 433.55 feet,
a central angle of 8 degrees 32 minutes 38 seconds and a chord bearing of North 63 degrees 42
minutes 54 seconds West for a distance of 64 55 feet; thence North 59 degrees 26 minutes 36
seconds West along said centerhne, tangent to the last described curve a distance of 295 35 feet to
the actual point of beginning, thence continuing North 59 degrees 26 minutes 36 seconds West
along said centerline a distance of 171 78 feet, thence along said centerhne on a tangential curve
concave to the Northeast, having a radius of 1174 50 feet and a central angle of 12 degrees 09
minutes 00 seconds for a distance of 249.06 feet, thence North 47 degrees 17 minutes 36 seconds
West along said centerhne a distance of 197.50 feet to the centerhne of Biscayne Avenue, thence
South 16 degrees 15 minutes 18 seconds West along said centerline a distance of 442.16 feet, thence
Southwesterly on said centerline along a tangential curve concave to the Northwest, having a radius
of 1454.44 feet and a central angle of 6 degrees 17 imnutes 48 seconds for a distance of 159 84 feet;
thence South 72 degrees 23 nnnutes 03 seconds East a distance of 685.58 feet, thence North 2
degrees 12 minutes 43 seconds East a distance of 413.35 feet to the point of beginning and there
terminating; according to the Government Survey thereof.
Description of Easements to be acquired:
A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property which hes northeasterly of a hne drawn parallel with and distant 50.00 feet
southwesterly of the following described hne:
Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section
21, Township 115, Range 19, Dakota County, Minnesota, thence South 00 degrees 19 minutes 33
seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest
Quarter, 19 09 feet; thence South 88 degrees 58 minutes 37 seconds West, 1085.75 feet, to the point
of beginning of said line to be heremafter described, thence westerly and northwesterly, 437 29 feet,
along a tangential curve, concave to the northeast, having a radius of 680 00 feet and a central angle
of 36 degrees 50 minutes 43 seconds; thence North 54 degrees 10 minutes 40 seconds West, tangent
to the last described curve, 803 09 feet, and said hne there terminating.
Parcel 16
Description of affected property:
Outlot A, MALLARD POND 2ND ADDITION, according to said plat on file and of record m the
office of the County Recorder, Dakota County, Minnesota
Description of Easements to be acquired:
1. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Property described as follows Beginning at the most southeasterly comer of the
Property, thence South 89 degrees 50 minutes 49 seconds West, assumed bearing along the south hne of the
Property, 397 36 feet, thence North 00 degrees 01 minutes 06 seconds East, 70 62 feet; thence North 32
degrees 34 minutes 39 seconds East, 147.02 feet, thence North 54 degrees 16 minutes 40 seconds East,
57.64 feet, thence North 40 degrees 38 minutes 23 seconds East, 102.81 feet, thence North 58 degrees 46
minutes 03 seconds East, 74.82 feet; thence South 88 degrees 18 minutes 57 seconds East, 58 03 feet,
thence South 63 degrees 42 minutes 34 seconds East, 41 39 feet, thence South 17 degrees 19 minutes 09
seconds East, 62.24 feet; thence South 43 degrees 23 minutes 34 seconds East, 38 50 feet, to the most
easterly line of the Pioperty; thence South 00 degrees 05 minutes 15 seconds East, along said most easterly
hne, 236 48 feet, to the point of beginning.
2. A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and
through that part of the Pioperty described as follows Commencing at the most southwesterly corner of
the Property; thence North 89 degrees 50 minutes 49 seconds East, assumed bearing along said south line of
the Property, 388 03 feet, to the point of beginning, thence continuing North 89 degrees 50 minutes 49
seconds East, along said south line, 332.96 feet, thence North 41 degrees 30 minutes 50 seconds West, 56.16
feet; thence North 50 degrees 19 minutes 35 seconds West, 20444 feet; thence South 39 degrees 21 minutes
27 seconds West, 90 92 feet; thence North 69 degrees 12 minutes 21 seconds West, 41 04 feet, thence South
57 degrees 14 minutes 27 seconds West, 35 16 feet, thence South 20 degrees 14 minutes 02 seconds West,
63 76 feet; thence South 13 degrees 25 minutes 00 seconds East, 39.96 feet, to the point of beginning.
19
Resolution 2006
Parcel 1
Appraisal Date. January 16, 2006.
Appraisal Valuation: $156,600.00
Parcel 2
Appraisal Date: January 4, 2006.
Appraisal Valuation: $355,300 00
Parcel 3
Appraisal Date: January 10, 2006.
Appraisal Valuation $22,750.00
Parcel 4
Appraisal Date: January 10, 2006.
Appraisal Valuation $17,750.00
Parcel 5
No acquisitions.
Parcel 6
Appraisal Date January 9, 2006.
Appraisal Valuation: $38,750.00
Parcel 7
Appraisal Date: January 4, 2006.
Appraisal Valuation $53,400.00
EXHIBIT B
20
Resolution 2006
Parcel 8
Appraisal Date: January 10, 2006.
Appraisal Valuation. $296,800.00
Parcels 9 10
Appraisal Date. January 16, 2006.
Appraisal Valuation: $295,600.00
Parcel 11
No acquisitions.
Parcel 12
Appraisal Date: January 5, 2006.
Appraisal Valuation $33,500.00
Parcel 13
Appraisal Date: January 12, 2006.
Appraisal Valuation $38,000 00
Parcel 14
Appraisal Date: January 13, 2006.
Appraisal Valu $28,150 00
Parcel 15
Appraisal Date: January 16, 2006.
Appraisal Valuation $20,250.00
21
Resolution 2006
Parcel 16
Appraisal Date: January 16, 2006.
Appraisal Valuation. $333,000.00
22
Resolution 2006