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HomeMy WebLinkAbout2.b. Akron Avenue Exception Parcel Purchases 4 ROSEN1OUNT EXECU TIVE SUMMARY CITY COUNCIL City Council Work Session: July 9, 2008 AGENDA ITEM: Akron Avenue Exception Parcel GENDA SECTION: Purchases DRIAC it PREPARED BY: Andrew J. Brotzler, PE, City Engineer /Y' AGENDA NO. 1.17. ATTACHMENTS: Exhibits and Letters APPROVED BY: RECOMMENDED ACTION: Discussion ISSUE: Consider the acquisition of exception parcels associated with the County Road 73 (Akron Avenue) proposed project. BACKGROUND: As part of the County Road 73 project development, Staff has been working with the owners of four exception parcels along County Road 73 to negotiate the acquisition of easements necessary for the project. This work initially began with the completion and presentation of appraisals and offers to the four exception parcels in early 2007. At this time, the construction of the County Road 73 project was still scheduled to begin in the summer of 2007. With the delay of the project and redesign of the road adjacent to the four exception parcels in the fall of 2007 to accommodate Dakota County requirements associated with the access approval for the Prestwick Place Preliminary Plat, discussions with the property owners were suspended. With the changes to the road design, the width of the easements needed from the four exception parcels increased. This change required that the original appraisals be updated to incorporate the additional necessary easement for the project. Prior to the completion of the updated appraisals, the property owner of Parcel 1 on the attached map requested that her property be acquired in its entirety. The City agreed to purchase this parcel and does now own the property. The updated appraisals were completed in February, 2008 and presented to the three remaining exception parcels. Since that time, the owner of Parcel 2 has indicated his desire to have the parcel acquired in its entirety and has verbally indicated a purchase price of $255,000. For Parcel 3, the property owner has indicated his desire to be relocated to a comparable site. At this time, Staff has not yet been able to make contact with the property owner or his representative to discuss options for a cash purchase amount for the property. For the fourth exception parcel, based on the size of the parcel and location of the house on the back half of the parcel, the property owner has indicated a willingness to provide an easement along with the intention of remaining on the property. Before continuing forward in discussions with the property owners of Parcel 2 and 3 for the total G: \ENGPROJ 399\ E_ ecepaonParcelPurchaseCWS7- 9- 08.doc acquisition of the properties, Staff wants to update Council and is seeking feedback on the proposed course of action. When considering the matter, there are several items to consider: 1. As shown on the attached parcel exhibits, the partial taking proposed for the acquisition of easements necessary for the road project results in the proposed permanent right -of -way easement being 16 to 20 feet from the front of the two houses. 2. The city attorney's office and appraisers have advised Staff that there are no set criteria for determining when a total take acquisition is required versus a partial taking as proposed. As noted in the attached responses from the property owners of Parcel 2 and 3, they are of the opinion that the impact of the proposed project and partial taking to their properties warrants a total acquisition of the property. 3. Dakota County will participate in 55% of the acquisition cost for the partial takings as proposed for the project. Staff has had and will have further discussions with Dakota County about the long -term value of eliminating the access of these exception parcels to County Road 73 through a total acquisition of the properties and will request consideration for additional funding by Dakota County. 4. When looking at the larger area and anticipated development surrounding these exception parcels, there may be some long -term benefit for these exception parcels to be incorporated into a larger development. Along this line, Staff has had several discussions with the adjacent developer regarding the feasibility of providing a financial contribution sometime in the future towards the acquisition of the exception parcels. The primary challenge with this is the development and coordination of a multi-party agreement in an appropriate time frame along with the City's need to follow appropriate legal requirements when working with the property owners. SUMMARY: As discussed above, there are a number of challenges associated with this matter. To this point and moving forward, it is Staff's goal to work towards an appropriate and fair resolution for all parties involved. To this end, Staff is seeking Council input and direction on whether to proceed with discussions to acquire Parcels 2 and 3 in their entirety. 2 X �r I y l i S IIII 0 25 50 N EAST LINE OF NE i OF NW EXISTING ROADWAY AREA-3157 SO ET \I 1 I il PROPOSED PERMANENT EASEMENT I 1I g '00000000 1 I AREA= 35 48 50 FT •I I I gts AROEA =1081 T EASEMENT �,i I R 4 N I i 1 i Proposed permanent easement 7 0 .♦a I f./♦ ♦1 k. ,\c' ��♦♦i i 1 M1ti `y r *A ♦a ♦a VI" •1 0 �w Proposed temporary easement v 4. 4.4,411 p`� THOMAS 5, VANH ❑RN 44 .r....., 34- 02700 010 -30 4 j j ♦i� 1i Lg !t e 500o 4,1 F+ ,I I t 'tclin 1 construction limits i I 1 i I 717,-75 n L �r =Z`Je r II 1 I Prepared by: COUNTY ROAD73 (AKRON AVE) WSB Project No.1556-59 Revision Date: 1-14-08 fit ""'lI EASEMENT EXHIBIT As,oc101es. Inc ROSEMOUNT MINNESOTA PARCEL 8 70541-48X .Fn70111 1710 11•1111110110 IIMIIIIIIMI 11111111•110111111111101111 J i J 1 i 3 4 li i 1 1 1 11 T .1 E■limm 0 25 50 EXISTING ROADWAY AREA =2492 SQ FT 1 r I 11 r" PROPOSED PERMANENT EASEMENT 1' 4 {1 1 ♦OOOO iO ►��O�� �O���p�O�� AREA-4024 SO FT AREA 677 SQ FT ORARY EASEMENT tlo6, t i p 11 r I l I i m M 4 I 1 j 1 N) i I f 1 G n I I A 4A O r R i t /►�O O i 4446,++ i. •s GARY D: ADELMANN O' ^`Owi� BETTY L ADELMANN O j O0 0 0 D 0 1: i 34 -02700 -010 -31 Ow 0 d D +4∎4 D O O i 4 i O i a O+►� Proposed permanent easement r vq,4 O OA l' L a' .44•1••••4, construction limits O i 4 0 ♦00011 i O 0 0 0 0 0 0 0 4'0 L Proposed t t temporary easement ►000064 6 EAST LINE OF NE 1 OF NW i 1 r f/ Prepared by: COUNTY ROAD 73(AKRONAVE) WSB Pmt No 1556-59 Revision Date: 1.14-08 MI lide/aresilialbillb EASEMENTEXH /B /T isnear oc,ote,. Inc ROSEMOUNT; MINNESOTA PARCEL 9 ■aaaa.aaa= aemmediaiiwwor JUN -04 -2008 13:58 WSB ASSOCIATE5 7635411700 P. 01/04 FROM PHONE NO. 612 423 5379 Jun. 04 2002 01:46PM P1 �f p 1' 11-• Q u sY /r 4 4'6 (ime•6°1' -te'u;° eD-4--ow Z--a/(67-- Leo' akritavi5a A.,f,,e.,44. 6u Ares /rte R ‘LtgrA Ai /1 i‘ ism c r-/-1) 4 3 "5 -37 7 c 65/ 171 z3 JUN-04 -2008 13:58 WSB ASSOCIATES 7635411700 P.02/04 FROM PHONE NO. 612 423 5379 Jun. 04 2002 01:47PM P2 Gary Adelmann 14145 Akron Ave Rosemount; MN 55068 :To Whoni It May Concern 4 I Gar Ad he Mr Laxma S. Su o f R osemo u nt, M t o be my personal representativ to )indle'adi iinistrative'proeeedings undertaken by tbe`Cityof Roseriiourit for ,cquisitioni of ink conimercial and residential property mentioned abbtve i D ated: June 3 2005 Gary AdeImann i c s is s i ti j t 1 JUN -04 -2008 13 58 WSB a ASSOCIATES 7635411700 P.03/04 FROM PHONE NO. 612 423 5379 Jun. 04 2002 01:47PM P3 Lipman S. Sundae 2055 128 St. W. Rosemount; MN 55068 s June 4, 2008 'Mr:;Gregg'A. Larson 1 WSB So. i VIA FAX Niiiineapolis, MN 5541:6 i' is `r: :Ref 14145: Akron Ave.. Acquisition Sub: Incompetent Appraisal of Above mentioned Property roperty Dear Mr. irarsiin: ,1 have no past,. present or, future financial :interest in the outcome of this acquisition: All fidancial decisions will be made by the owners i Mr. Adelmanri is a•liard working wonderful man :1 met Win more than 10 years agci;and since *.en 1 have `hen jis client. Mr. Adelmann has spent morethan 15 years e ecf ro erty'wad built ih 1966 and developing his bu�inesS from this ibcation- The subj' p since than it has been lawfully used as residential cum commercial real parcel. The City of Roseritount and the apprtiiser were on actual notice that :the :sub; ject property is, law being•usea for operating a s at tnis iocation_'rnozograpri on: P. 22 of your'appl•aisal dearly shows the commercial use But, for some unknown 'reason to ti s, this piopert•has been appraised ais'a single dwelling to deliberately :Cheat Mr. Addlmann of jusi compensation. If necessary, Mr. Adelmann will peimit the City or it's agents to re- inspect:his business operation. But all appointments have to be `made thru myself. During the:construetiori phase, Mr; Adehnarin's clients .will not be able to come t o Hs'business and the loss ofrevenue will certainly put him out of business. Furthermore, perinanent'eashnent will render the remainder unsuitable for future occupancy i. Mr Adelmann is fed p with the delay and uncertainty'of this project. He would !like to mode out ol:' here as 'soon as passible. ife is not interested in' any dish offers. fie would like you to find a suitable location where he can live and conduct his farm JUN -04 -2008 13 58 WSB ASSOCIATES 7635411700 P.04/04 FROM PHONE NO. 612 423 5379 Jun. 04 2002 01:48PM P4 machinery repair business. He wants to keep his clients and he would like to stay within, 5 -7 mile radius. In the p ast, we had hire appraisers, but'th cost was' t hi if t C is willing to pay $750000 ,die will hire Mr. William 'Werner or any other Suitable appraiser. Please place this acquisition on fast tra so Mr. Adelmann can plan his future :life: Thank you very much' for your anticipated cooperation. S brnitted Respectfully, Laxplan Stut t r t t f i 11 1 1 i 1 s TOTAL P.04 TOM VAN HORN ATTORNEY AT LAW 1 540 HUM OL T AVENUE SUITE 1 S 0 WEST ST. PAUL, MINNESOTA 5511', (651) 222 -4000 June 3, 2008 Ms. Sonya A. Henning Via Fax and Mail WSB and Associates Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Akron Avenue Project- Rosemount Revised Offer of Compensation for Proposed Permanent and Temporary Easements. Dear Ms. Henning: I am in receipt of The Revised Offer of Compensation for Proposed Permanent and Temporary Easements dated May 27, 2008. As I told you I'm not interested in resolving this matter by accepting compensation for a permanent right -of -way easement. Based upon my knowledge of the facts and "the law the easement:being sought by the city of Rosemont amounts to a "total taking" of the property located at 14125 Akron Ave. Therefore I would propose that the city of Rosemont purchase the property as it did with the "Lind" property which is directly adjacent to.14.125 Akron Ave. When the city of Rosemont initially placed "stakes" in the front yard of the property well over a year ago my tenant upon _learning v dose;the r,ght -of way`wast oing-_to be to the front the house immediately gave notice;to vacate the premises:. bad: great difficultly in renting the property after :'explaining to prgspective;tenants how :the property would be affected, by,t:he ,permanent easement in fact I had,to: reduce the :rent $400 a month in to rent the pre_ mises: I suspect that the'reaction of any reasonable person wp.. be the same. 1 have consulted with an attorney who is an expert in the area of eminent domain. After reviewing the facts the attorney was of the opinion that the action:beingtaken by'the' city of Rosemont is clearly, a; taking of the property located.at• 14125 Akron Ave I certainly would like, to avoid litigation however 1 am co nfident" that my :position :a strong on e. t )4 Sincerely yout s •I .l lid ,•%.(].,/y/ �i� ff.Y�f{ f p i C i ti� r S F l.E i Y.. f' Y. �P•i 4 T F rl.. {Ss �i iil:4111 I iTi: a.. ::C; S: T om:Van Horn. :.rY :r ;:1;or:i_ :.1:011-=! i.1 s,i. i•. mat_: ate `•,.fu. i,. V. TVH/ L T :F`