HomeMy WebLinkAbout6.i. Authorize Eminent Domaine, GlenRose of Rosemount, City Project 397AGENDA ITEM: Authorize Eminent Domain, GlenRose of
Rosemount, City Project #397
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Engine e+q[y
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ATTACHMENTS: Resolution; Maps APPROVED BY: il
RECOMMENDED ACTION: A Resolution Determining the Necessity for and Authorizing
the Acquisition of Certain Property by Proceedings in Eminent Domain
4 ROSEMOUN1
CITY COUNCIL
City Council Meeting: March 21, 2006
EXECUTIVE SUMMARY
ISSUE:
For the GlenRose of Rosemount Street and Utility project, the City has negotiated in good faith with the
property owners to acquire the identified easements by voluntary purchase Offers have been presented to
all property owners 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 exercismg the power of eminent domam. The
attached resolution authorizes eminent domain for easement acquisition on this project.
BACKGROUND:
On August 8, 2005, the Rosemount City Council authorized preparation of plans and specifications for the
GlenRose of Rosemount Street and Utility- Improvements project. This project has been designated as
City Project #397.
The project involves the installation of streets and utilities for the GlenRose of Rosemount development
project and the extension of salutary sewer and water to the site through adjacent privately owned parcels.
When the feasibility report was presented for this project, tt was noted that the use of eminent domain
may be necessary to accommodate the extension of sanitary sewer and water ser rice to the site as
proposed.
The need for acquisition of permanent and temporary easements over properties adjacent to the protect
coiridor has been identified through the design process. These acquisitions are necessitated by inadequate
easement corridors. 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 \397 \AuthEnunentDomanCC3 -21-06 doc
SUMMARY:
The GlenRose of Rosemount Improvements project, City Project #397, is necessary and in the pubhc
interest Therefore, Staff recommends that the Council adopt the attached resolution authorizing enunent
domain.
2
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 operating under Minnesota
law, and is authorized by Minnesota Statutes Secuons 412 211 and 465.01 to acquire private property for
an authorized pubhc purpose, using the procedure prescribed by Minnesota Statutes, Chapter 117; and
WHEREAS, the City Council has determined that the City should construct GlenRose of Rosemount
Street and Utility Construction and Appurtenant Work "Project and
WHEREAS, the City has identified the need to acquire permanent and temporary easements over certain
real property described on the attached Exhibit A (the "Property for purposes of construction of the
Project; and
WHEREAS, the City has been unable to successfully negotiate the acquisition of the necessary easements
for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROSEMOUNT, MINNESOTA, AS FOLLOWS:
1. Acquisition by the City of the Property described on Exhibit A is necessary, convenient and
reasonable for the purpose of construcung 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 permanent and
temporary easements for utility and drainage purposes 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 intent to take possession pursuant to Minn Stat Sec 117 042
4. The amounts set forth on the attached Exhibit B represented the approved appraised values
of the easements to be acquired for each of the parcels impacted by the Project, for purposes
of Minn. Stat Sec. 117 042. The City Engineer is authorized to approve revised appraised
values for any of the affected parcels, if the City Engineer determines that a revised appraisal
is necessary to reflect changes in the scope or duration of an easement or the expected
construction activities within an easement area.
ADOPTED this 21°` day of March, 2006.
ATTEST:
5. The City Attorney further is authorized to take all actions necessary and desirable to carry out
the purposes of this resolution
James D. Verbrugge, Deputy City Clerk
Motion by: Seconded by:
Voted m favor.
Voted against:
241485v1 CAH SH155 -124
2
William H. Droste, Mayor
Resolution 2006
EXHIBIT A
Said temporary easement expires on December 31, 2007
Resolution 2006
Parcel 1:
Description of affected property:
That part of the South Half of the Southeast Quarter and of the South Half of the Southwest Quarter of
Section 20, Township 115, Range 19, Dakota County, Minnesota, described as follows:
Commencing at the intersection of the North Ime of the South Half of the Southeast Quarter of said
Section 20 and the easterly right -of -way line of State Trunk Highway No. 218, thence Southwesterly along
the right -of -way line a distance of 1069.04 feet to the actual point of beginning, thence at right angles to
the left a distance of 208.7 feet, thence at right angles to the right 184.06 feet, on a line parallel to said
right -of -way line, to a point 66 feet North of the South line of said Section 20, thence West on a line
parallel to the South line of said Section 20, 223 2 feet to the easterly right -of -way line of said State Trunk
Highway No 218, thence Northeasterly along said right -of -way lute to the actual point of beginning,
according to the Government Survey thereof, Dakota County, Minnesota.
Description of Easements to be acquired:
A perpetual, non exclustve easement for utility and drainage purposes over, under, across and through the
southeasterly 20.00 feet of the Property.
A temporary easement for construction purposes over, under, across and through the northwesterly 10.00
feet of the southeasterly 30.00 feet of the Property.
Parcel 2:
Description of affected property:
That part of the South Half of the Southeast Quarter (S 1/2 of SE 1/4) of Section Twenty (20), Township
One Hundred Fifteen (115), Range Nineteen (19), Dakota County, Minnesota, described as follows:
Commencing at the intersection of the north line of the S 1/2 of SE 1/4 of said Section 20 and the easterly
nght-of-wav line of State Trunk Highway No 218, thence Southwesterly along said right -of -way line a distance
of 924 04 feet to the actual point of beginning, thence at right angles to the left a distance of 208.7 feet, thence
at right angles to the right 145 feet, on a Inc parallel to said right -of -way line, thence at right angles to the nghi
a distance of 208.7 feet to said highway right -of -way line, thence northeasterly along said highway right -of -way
Ime a distance of 145.00 feet to the point of begmnung, according to the Government Survey thereof.
Description of Easements to be acquired:
A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through the
southeasterly 20.00 feet of the Property.
241485v1 CAI{ SH155 -124 3
Resolution 2006
A temporary easement for construction purposes over, under, across and through the northwesterly 10.00
feet of the southeasterly 30.00 feet of the Property.
Said temporary easement expires on December 31, 2007.
Parcel 3:
Description of affected property:
All that part of the South half of the Southeast Quarter of Section 20, Townshrp115, Range 19, Dakota
County, Mumesota, described as follows:
Commencing at the intersection of the North line of the South half of the Southeast Quarter of said Section
20, and the easterly right -of -way line of State Trunk Highway No. 218; (now known as State Trunk Highway
No 3) thence Southwesterly along said right- of -way Inc a distance of 784 04 feet to the actual point of
beginning, thence at nght angles to the left a distance of 208 7 feet, thence at nght angles to the right a
distance of 140 feet, thence at right angles to the tight a distance of 208.7 feet to the said right -of -way line;
thence northeasterly along said nght -of -way line to the actual point of begun
Description of Easements to be acquired:
A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through that
part of the Property which hes southeasterly of the following described hne- Beginning at a point on the
southwesterly line of the Property, distant 20.00 feet northwesterly of the most southerly corner of the
Property, as measured along said southwesterly Brie; thence northeasterly, to the most easterly corner of
the Property, and said line there terminating.
A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through that
part of the Property which hes northerly of the following described line. Beginning at a point on the
northwesterly line of the Property distant 12 50 feet southwesterly of the most northerly corner of the
Property, as measured along said northwesterly line; thence easterly, to the most easterly corner of the
Property, and said line there terminating.
A temporary easement for construction purposes over, under, across and through a strip of land 10 00 feet in
width over that part of the Property, the southeasterly line of which is contiguous with the northwesterly
line of the first above described permanent easement for utility and drainage purposes.
Said strip of land is to extend by its full width from said southwesterly line of the Property, to a line drawn
parallel with and distant 63.00 feet northeasterly of said southwesterly Inc of the Property.
A temporary easement for construction purposes over, under, across and through a strip of land 10.00 feet m
width over that part of the Property, the northerly line of which is contiguous with the southerly line of
the last above described permanent easement for utility and drainage purposes.
Said strip of land is to extend by its full width from said northwesterly line of the Property, to the
southeasterly line of the Property.
241485v1 CAHSH155 -124 4
Said temporary easements expire on December 31, 2007.
Parcel 4:
Resolution 2006
Description of affected property:
A tract of land in the South One -half of the Southeast Quarter (S1/2 of SEI /4) of Section 20, Townslup 115
North, Range 19 West, Dakota County, Minnesota, described as follows:
Commencing at the intersection of the North line of said South One -half of the Southeast Quarter (S1/2
of SE1 /4), and the easterly right -of -way line of State Highway 218; thence Southwesterly along said
right -of -way line a distance of 749.05 feet to the point of beginning; thence continuing Southwesterly
along said right -of -way a distance of 35 00 feet; thence deflecting 90 degrees to the left a distance of 208.7
feet; thence deflecting 90 degrees to the left a distance of 313 05 feet, thence deflecting 90 degrees to the
left a distance of 108 7 feet; thence deflecting 95 degrees 08 minutes 20 seconds to the left a distance of
249 68 feet, thence deflecting 52 degrees 54 minutes 40 seconds to the nght a distance of 43 70 feet;
thence deflecting 42 degrees 13 nunutes 40 seconds to the nght a distance of 90.00 feet to the point of
beginning
Description of Easements to be acquired:
A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through that
part of the Property which hes southerly of the following described line
Commencing at the intersection of the north line of the south -half of the Southeast Quarter of Section 20,
Township 115, Range 19, Dakota County, Minnesota, and the easterly right -of -way line of State Highway
No. 3 (formerly known as State Highway No. 218); thence southwesterly along said easterly right -of -way
line, 756.46 feet to the point of beguirung of said line to be hereinafter described; thence easterly,
deflecting to the left 93 degrees 20 minutes 22 seconds, 210 00 feet to the easterly line of the Property, and
said ]me there terminating.
Parcel 5:
Description of affected property.
All that part of the South Half of the South Half of Section 20, Township 135, Range 19, Dakota County,
Minnesota, described as follows to wit:
Beginning at a point on the South line of said Section 20, 1051 feet West of the Southeast corner thereof,
said point being 66 feet West of the Westerly right -of -way line of the Chicago Milwaukee -St Paul and
Pacific Railroad Company, (said right -of -way being 100 feet wide measured at right angles a distance of 50
feet on each side of the center line of said railroad company's main track as now placed) as measured along
said South line; thence Northeasterly and parallel with said Westerly right -of -way lure a distance of 608
feet; thence westerly and parallel with the South one eighth line of said Section 20 to a point 400 feet
distant from said Westerly Railway right -of -way line; thence Northerly and at right angles to a point 49 5
feet Southerly of said South one eighth line; thence Westerly and parallel with said South one eighth line
to its point of intersection with the Easterly right -of -way line of State Trunk Highway No. 3, thence
241485vI CAI-I SI-1155 -124 5
Resolution 2006
Southwesterly along said highway nght -of -way line to a point distant 470.99 feet measured along said right
of -way line from its point of intersection with said South one eighth line, thence at right angles to the left a
distance of 208,7 feet; thence Southwesterly and parallel with said highway nght- of -wav line to a point 66
feet North of the South line of said Section 20; thence Westerly and parallel with said South line of said
Section 20 to said highway right -of -way line; thence Southwesterly along satd highway right -of -way hie to
the South line of said Section 20; thence Easterly along said South hne of said Section 20 to the place of
beginning according to the Government Survey thereof.
Description of Easements to be acquired:
A perpetual, non exclusive 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 Southeast Quarter of
Section 20, Township 115, Range 19, Dakota County, Minnesota, thence North 88 degrees 36
minutes 48 seconds East, assumed bearing along the south line of said Southwest Quarter of the
Southeast Quarter, 144 66 feet to the point of beginning, thence continuing North 88 degrees 36
minutes 48 seconds East, along said south line, 40.00 feet; thence North 02 degrees 24 minutes 10
seconds West, 62 78 feet; thence North 18 degrees 08 minutes 45 seconds East, 347.52 feet, thence
North 28 degrees 27 minutes 03 seconds East, 159 48 feet; thence North 18 degrees 04 minutes 51
seconds East, 331.13 feet; thence North 00 degrees 27 minutes 44 seconds West, 497.22 feet, to
the north hne of said Southwest Quarter of the Southeast Quarter, thence South 88 degrees 57
minutes 46 seconds West, along said north hne of the Southwest Quarter of the Southeast Quartet,
40,00 feet; thence South 00 degrees 27 minutes 44 seconds East, 490 29 feet; thence South 18
degrees 04 minutes 51 seconds West, 300 84 feet to its intersection with the followmg described
line: Commencing at the intersection of said north line of the South One -half of the Southeast
Quarter of Section 20, Township 115, Range 19, Dakota County, Minnesota, and the easterly right
of-way line of State Highway No. 3 (formerly known as State Highway No. 218), thence
southwesterly along said right -of -way line a distance of 756,46 feet to the point of begmmng of
said line to be hereinafter described, thence easterly, deflecting to the left 93 degrees 20 minutes 22
seconds, 250 00 feet and said line there terminating; thence North 75 degrees 00 minutes 57
seconds West, along the last described line, 8 52 feet to its intersection with a line drawn parallel
with and distant 208.70 feet easterly of said easterly right-of-way line, thence South 18 degrees 08
minutes 45 seconds West, along said parallel line, 531.35 feet, to its intersection with a Inc n drawn
parallel with and distant 66.00 feet north of said south line of the Southwest Quarter of the
Southeast Quarter; thence South 88 degrees 36 minutes 48 seconds West, along said line drawn
parallel with and distant 66 00 feet north of said south line, 20,02 feet, thence South 02 degrees 24
minutes 10 seconds East, 66.00 feet, to the point of beginning.
A temporary easement for construction purposes over, under, across and through the a strip of land 10.00
feet m width over that part of the Property, the westerly and northwesterly line of which is contiguous with
the easterly and southeasterly hne of the above described permanent utility and drainage easement.
Said strip of land is to extend by its full width from said south line of the Southwest Quarter of the
Southeast Quarter, to a hne drawn parallel with and distant 528.00 feet north of said south line of the
Southwest Quarter of' the Southeast Quarter.
241485v1 CAH SH155 -124 6
Resolution 2006
A temporary easement for construction purposes over, under, across and through the a step of land 10.00
feet in width over that part of the Property the easterly line of which is contiguous with the westerly line
of the above described permanent utility and drainage casement.
Said strip of land is to extend by its full width from said south line of the Southwest Quarter of the
Southeast Quarter, to said line drawn parallel with and distant 66.00 feet north of the south line of the
Southwest Quarter of the Southeast Quarter.
Said temporary easements expires on December 31, 2007.
241485v1 CAH SH155 -124
7
Parcel 1
Franz
$6,000
Parcel 2
Peters
$7,300
Parcel 3
Gramsey
$10,500
Parcel 4
Lucking
$12,000
Parcel 5
Hidden Valley
$42,200
EXHIBIT B
Approved Appraised Values
241485v1 CAH SH155 -124
8
Resolution 2006
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Easement Exhibit
City of Rosemount
WSB Project No 1 556 -43
CITY Project No 397
Date 10/6/05
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Easement Exhibit
City of Rosemount
WS6 Project No,1556 -43 Date 10/0(05
CITY Project No 397 Reviser/ 10/28/05
Parcel 2
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Glenrose Addition
Easement Exhibit
City of Rosemount
W5B Protect No 1556-43
CITY Protect No 397
Date 10/6/05
Revised 10125/05
Parcel 3
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Glenrose Addition
Easement Exhibit
City of Rosemount
WSB Pro /e61 No 1556 -43
CITY Project No 397
Date 10/6/05
Revised 10/26/05
Parcel 4
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PROPOSED PERMANENT UTILITY
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CONSTRUCTION EASEMENT
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Mnneppi MN 55410
WSB
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Glenrose Addition
Easement Exhibit
City of Rosemount
Wse Posed No 105643 Dole 10'/05
Revised 10/20105
C3 Poop1 No 397
Parcel 5