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Home My WebLink About6.o. Authorize Eminenrt Domain, Old County Road 38/132nd Court West Street and Utility Iprovements, City Project #387AGENDA ITEM: Authorize Eminent Domain, Old County Road 38/132 Court West Street and Utility Improvements, City Project #387 A GENDA SECTION: A GEND PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO. 6o ATTACHMENTS: Resolution APPROVED BY: RECOMMENDED ACTION: A Resolution Determining the Necessity for and Au orizing the Acquisition of Certain Property by Proceedings in Eminent Domain �5 ROSEMOLINT ISSUE: CITY COUNCIL City Council Meeting: June 6, 2006 EXECUTIVE SUMMARY 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 October 18, 2005, the Rosemount City Council authorized preparation of plans and specifications for the Old County Road 38/132n Court West 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, watermam, 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 nght -of -way widths, future City maintainable infrastructure items associated with street and utility improvements (i.e storm water treatment ponds, mlet structures, etc and wetland mitigation and preservation areas created and designated as a part of the project. 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. An independent appraiser, hcensed 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 m Exhibit B of the attached resolution G \ENGPROJ\ 387 \AuthEmmentDomamRohrCC06 -06-06 doe SUMMARY: The Old County Road 38/132 Court West Street and Utility Improvements project, City Project #387, 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 2006 A RESOLUTION OF THE CITY OF ROSEMOUNT, MINNESOTA, 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 Old County Road 38/132n Court West Street and Utility Improvements Project (City Project #387) (the "Project and WHEREAS, the Project involves the upgrade of 132nd Street West between South Robert Trail (Trunk Highway 3) and Akron Avenue by removing the existing bituminous surface and installing new 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, 132nd Street West is currently a rural, two -lane bituminous roadway that is in poor condition; and WHEREAS, until recently 132nd Street West was designated as County Road 38, under the jurisdiction of Dakota County; but Dakota County has turned over junsdiction of that roadway to the City of Rosemount; and WHEREAS, the area adjacent to 132nd Street West has been experiencing rapid development, and a traffic study has determined that by 2025 there will be 5,800 to 7,300 vehicles per day on 132nd Street West, which is a typical traffic volume for a three -lane improved roadway; and WHEREAS, 132nd Street West as it currently exists is not adequate to accommodate the projected traffic volumes, and WHEREAS, due to continued residential development in the area, increased traffic, accidents, and deteriorating streets, 132nd Street West should be reconstructed and upgraded to provide improved traffic flow and safer traffic movements; and WHEREAS, 132nd 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, m order to serve development that is already occurring south of 135th Street, it is necessary to extend trunk water main and sanitary sewer within 132nd Street; 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 property, 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 property as a result of the acquisition of the Easements; 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 Easements pnor 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 authonzed to notify the owners of the City's intent to take possession pursuant to Munn. Stat Sec. 117.042. 4. The amounts of $19,600 is 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. 290511v1 CAH RS220 -233 2 Resolution 2006 ADOPTED this ATTEST: Amy Domeier, City Clerk 290511v1 CAH RS220 -233 day of 2006 William H Droste, Mayor Resolution 2006 Motion by: Seconded by: Voted in favor: Voted against 3 EXHIBIT A Resolution 2006 Parcel 1 P.I.D. No. 34- 02010 010 -09 Description of affected property_ The Westerly Four Hundred thirty seven (437) feet of the following described property: The South Four Hundred fifty (S. 450) feet of Government Lot One (1) in Section Twenty (20), Township One Hundred fifteen (115), Range Nineteen (19) lying East of the Center line of Highway 218, subject to highway and all mineral rights as provided by law, according to the Government Survey thereof. Description of Easements to be acquired: Which hes within the following permanent easement for street, utility and drainage purposes: That part of the (THE TRACT), which lies southerly of a line drawn parallel with and distant 100.00 feet northerly of the northerly line of Outlot A, OULOTS OF BROCKWAY, according to said plat on file and of record m the office of the County Recorder, Dakota County, Minnesota, and also which hes easterly of the easterly nght of way line of State Trunk Highway No. 3. Also which lies within the following temporary easement for construction purposes: The south 62.00 feet of (THE TRACT), lying northerly of said parallel line 290511v1 CAH RS220 -233 Parcel 1 Appraisal Date: April 11, 2006 Appraisal Amount $19,600 290511v1 CAI-1 RS220 -233 EXHIBIT B Resolution 2006 t I;b s e re a me C IN FBEr) 1 inch 70 ft. tainti PRESCRIPTIVE RIGHTS (EXISTING R \W) AREA 8584 SQ FT PROPOSED PERMANENT R/W AREA 3553 SQ FT PROPOSED TEMPORARY CONSTR TON ASEMENT AREA 4409 SQ FT AVELED CENTERLINE 437.00' LINE OF GOVERNMENT LOT 1 NORTH LINE OF OUTLOT A OUTLOTS OF BROCKWAY 15.00 CONST LIMITS rl 701 Xenia Avenue Suile 300 Mpls, MN 55416 763-5414000 WSB 135TH STREET WEST (CSAH 38) ROADWAY IMPROVEMENTS EASEMENT EXHIBIT CITY OF ROSEMOUNT, MN Uate: 4/22/05 Revised' 4/10/06 1591 -01 PARCEL 1 2