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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
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 determined that the City should extend the public street known as
Connemara Trail from the Biscayne Pointe 4 th Addition plat east to the Meadows of Bloomfield plat
( "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 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, in accordance with Minnesota Statutes, Section 117.042.
3. The City Attorney is authorized and directed on behalf of the City to acquire permanent
easements for street, utility and drainage purposes and temporary construction easements 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 approved appraised values of the easements to be acquired is $32,000.00, and the
damages for replacement of trees is an additional $15,000.00, for a total of $47,000.00, for
purposes of Minn. Stat. Sec. 117.042. The City Engineer is authorized to approve revised
Resolution 2004 - -
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.
5. The City Attorney further is authorized to take all actions necessary and desirable to carry
out the purposes of this resolution.
ADOPTED this 20 day of April, 2004.
William H. Droste, Mayor
ATTEST:
Linda Jentink,;City Clerk
Motion by: Second by:
Voted for:
Voted against:
2
` Resolution 2004 -
EXHIBIT A
Subject Propert y : 2100 —135 Street West, Rosemount, Minnesota
That part of the East %4 of the Southwest Quarter of Section 21, Township 115, Range 19, Dakota
County, Minnesota, lying North of BISCAYNE POINTE FOURTH ADDITION, according to said plat
on file and of record in the office of the County Recorder, Dakota County, Minnesota. Except the North
1452 feet of the East 300 feet of said East 1 /4 of the Southwest Quarter.
Description of Taking
A permanent easement for street, utility and drainage purposes over, under, across and through all that
part of the Subject Property which lies Southerly of the Northerly 1452.00 feet thereof.
A temporary, easement for construction purposes over, under, across and through a strip of land 20.00
feet in width over that part of the Subject Property, the Southerly line of which is contiguous with the
Northerly line of the above described permanent street, utility and drainage easement.
Said strip of land is to extend by its full width from the West line of the Subject Property to the West
line of said East 300.00 feet.
Said temporary easement to expire June 1, 2005.
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NOTE: Dimensions rounded to nearest foot.
Copyright 2004, Dakota County
This drawing is neither a legally recorded map note survey and is not intended to be used as one.
This drawing is a compitation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land information Department.
Map Date: April 15, 2004 Parcels Updated: 418/2004 Aerial Photography:
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