HomeMy WebLinkAbout6.w. Authorize Eminent Domain - County Road 73 Improvements, City Project #399AGENDA ITEM: Authorize Eminent Domain, County Road
73 Improvements, City Project #399
AGENDA SECTION:
Consent
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PREPARED BY: Andrew J. Brotzler, PE, City Engineer4rJ#
AGENDA NO. 6.W.
ATTACHMENTS: Resolution
APPROVED BY: V
RECOMMENDED ACTION: A Resolution Determining the Necessity for and Authorizing
the Acquisition of Certain Property by Proceedings in Eminent Domain
4 ROSEMOUNT
CITY COUNCIL
Special City Council Meeting: August 4, 2008
EXECUTIVE SUMMARY
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
schedule, it may be necessary to acquire the easements by exercising the power of eminent domain. The
attached resolution authorizes eminent domain for property acquisition on this project.
BACKGROUND:
On March 21, 2006, the Rosemount City Council authorized preparation of plans and specifications for
the County Road 73 Improvements project. This project has been designated as City Project #399.
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 for the
proposed improvements to County Road 73 and to facilitate the installation of utility improvements.
Descriptions of the affected properties, as well as the description 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.
SUMMARY:
The County Road 73 Improvements project, City Project #399, is necessary and in the public interest.
Therefore, Staff recommends that the Council adopt the attached resolution authorizing eminent domain.
G: \ENGPROJ\ 399 \AuthEminentDomainCC8- 408.doc
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2008
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 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 has undertaken a project known as the County Road 73
Improvements (City Project #399) (the "Project and
WHEREAS, the Project involves the reconstruction of County Road 73 (Akron Avenue)
from County State Aid Highway No. 42 to 135 Street West; and
WHEREAS, the City has entered into a joint powers agreement with the County of Dakota
to provide for completion of the Project and, pursuant to that agreement, the City is required to
obtain the necessary right of way for the Project; and
WHEREAS, County Road 73 is currently a two -lane rural gravel road section; and
WHEREAS, County Road 73 is classified as a roadway in the Dakota County 2025
Transportation Plan and City of Rosemount draft Transportation Plan; and
WHEREAS, in response to increasing traffic volumes and anticipated future traffic
volumes, Dakota County and the City of Rosemount have identified the need to improve County
Road 73 to an urban paved section with curb and gutter, medians, turn lanes, trails and storm sewer;
and
WHEREAS, County Rod 73 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 and
increasing maintenance, County Road 73 should be reconstructed and upgraded to provide
improved traffic flow and safer traffic movements; and
Resolution 2008
WHEREAS, in order to serve development that planned for the area, it is necessary to
extend trunk water main and sanitary sewer within County Road 73; 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 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 pursuant to Minn. Stat. Sec.
117.042.
4. The amounts set forth in 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 4t day of August, 2008.
336957v3 CAH RS220 -223
2
ATTEST:
Amy Domeier, City Clerk
Resolution 2008
336957v3 CAH RS220 -223
William H. Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
3
Parcel 8
Description of affected property:
Commencing at a point on the Northeast (NE)comer of the North One -half (N 1/2)
of the Northwest Quarter (NW /a) of Section Twenty -seven (27), Township One
Hundred Fifteen (115), Range Nineteen (19); thence running due South on the
section line 836.58 feet to the point of beginning; thence West 208.71 feet; thence
South 208.71 feet; thence East 208.71 feet; thence North 208.71 feet to the place of
beginning; except therefrom the South 100 feet, all in Section Twenty -seven (27),
Township One hundred Fifteen (115), Range Nineteen (19), according to the
Government Survey thereof.
Description of Easements to be acquired:
EXHIBIT A
Resolution 2008
Which lies within the following permanent easement for utility and drainage purposes:
That part of (THE TRACT), lying easterly of the following described line: Commencing at the
northeast corner of the Northwest Quarter, Section 27, Township 115, Range 19, Dakota County,
Minnesota; thence South 00 degrees 41 minutes 49 seconds West, assumed bearing along the east
line of said Northwest Quarter, 1045.30 feet; thence North 89 degrees 18 minutes 11 seconds
West at right angles to said east line of the Northwest Quarter, 66.80 feet to the point of beginning
of said line to be hereinafter described; thence North 02 degrees 21 minutes 36 seconds East, 390.08
feet to its intersection with a line drawn parallel with and distant 55.00 feet west of said east line
of the Northwest Quarter, and said line there terminating.
And also which lies within the following temporary easement for construction purposes:
That part of (THE TRACT) which lies west of the above described permanent easement for utility
and drainage purposes and easterly of the following described line: Commencing at said northeast
comer of the Northwest Quarter; thence South 00 degrees 41 minutes 49 seconds West, assumed
bearing along said east line of the Northwest Quarter, 1045.30 feet; thence North 89 degrees 18
minutes 11 seconds West at right angles to said east line of the Northwest Quarter, 75.85 feet to the
point of beginning of said line to be hereinafter described; thence North 05 degrees 13 minutes 22
seconds East, 65.12 feet; thence North 11 degrees 37 minutes 16 seconds East, 9.89 feet; thence
North 04 degrees 41 minutes 07 seconds West, 40.26 feet; thence North 01 degrees 04 minutes 15
seconds East, 100.06 feet; thence North 03 degrees 30 minutes 45 seconds West, 50.45 feet and said
line there terminating.
Said temporary easement expires on December 31, 2010.
336957v3 CAH RS220 -223
A -1
Parcel 9
Description of affected property:
The South 100 feet of the following described property: Commencing at a point on
the Northeast corner of the North 1 /2 of the Northwest 1/4 of Section 27, Township
115, Range 19; thence running due South on the section line 836.58 feet to the point
of beginning; thence West 208.71 feet; thence South 208.71 feet; thence East 208.71
feet; thence North 208.71 feet to the place of beginning; all in Section 27, Township
115, Range 19, Dakota County, Minnesota, according to the Government Survey
thereof.
Description of Easements to be acquired:
Which lies within the following permanent easement for utility and drainage purposes:
That part of (THE TRACT), lying easterly of the following described line: Commencing at the
northeast corner of the Northwest Quarter, Section 27, Township 115, Range 19, Dakota County,
Minnesota; thence South 00 degrees 41 minutes 49 seconds West, assumed bearing along the east
line of said Northwest Quarter, 1045.30 feet; thence North 89 degrees 18 minutes 11 seconds
West at right angles to said east line of the Northwest Quarter, 66.80 feet to the point of beginning
of said line to be hereinafter described; thence North 02 degrees 21 minutes 36 seconds East, 390.08
feet to its intersection with a line drawn parallel with and distant 55.00 feet west of said east line
of the Northwest Quarter, and said line there terminating.
And also which lies within the following temporary easement for construction purposes:
That part of (THE TRACT) which lies west of the above described permanent easement for utility
and drainage purposes and easterly of the following described line: Commencing at said
northeast corner of the Northwest Quarter; thence South 00 degrees 41 minutes 49 seconds
West, assumed bearing along said east line of the Northwest Quarter, 1045.30 feet; thence North
89 degrees 18 minutes 11 seconds West at right angles to said east line of the Northwest Quarter,
75.85 feet to the point of beginning of said line to be hereinafter described; thence North 05
degrees 13 minutes 22 seconds East, 65.12 feet; thence North 11 degrees 37 minutes 16 seconds
East, 9.89 feet; thence North 04 degrees 41 minutes 07 seconds West, 40.26 feet and said line
there terminating.
Said temporary easements expire on December 31, 2010.
336957v3 CAH RS220 -223
A -2
Resolution 2008
Said temporary easements expire on December 31, 2010.
336957v3 CAH RS220 -223
A -3
Resolution 2008
Parcel 10
Description of affected property:
The South 208.71 feet of the East 417.42 feet of the N1/2 of the NW1/4,
Section 27, Township 115, Range 19, according to the Government Survey thereof.
Description of Easements to be acquired:
Which lies within the following permanent easements for utility and drainage purposes:
The East 75.00 feet of (THE TRACT).
And also, the south 10.00 feet of the west 75.00 feet of the east 150.00 feet of (THE TRACT).
And also which lies within the following temporary easement for construction purposes:
That part of (THE TRACT) which lies west and north of the above described permanent easements
for utility and drainage purposes, and also which lies easterly of the following described line:
Commencing at the southeast corner of the Northeast Quarter of the Northwest Quarter, Section 27,
Township 115, Range 19, Dakota County, Minnesota; thence North 89 degrees 30 minutes 15
seconds West, assumed bearing along the south line of said Northeast Quarter of the Northwest
Quarter, 114.51 feet, to the point of beginning of said line to be hereinafter described; thence North
26 degrees 10 minutes 38 seconds East, 50.75 feet; thence North 05 degrees 29 minutes 24 seconds
East, 46.10 feet; thence North 12 degrees 48 minutes 38 seconds West, 52.48 feet; thence North 00
degrees 12 minutes 09 seconds West, 15.16 feet; thence North 26 degrees 44 minutes 09 seconds
East, 41.12 feet; thence North 06 degrees 11 minutes 32 seconds East, 48.98 feet, and said line there
terminating.
336957v3 CAH RS220 -223
Parcel 8 $67,900.00
Parcel 9: $51,400.00
Parcel 10: $30,090.00
EXHIBIT B
Approved Appraised Values
B -1
Resolution 2008