The URL can be used to link to this page

Home My WebLink About6.g. Authorize Eminent Domain-Eastside Watermain, Phase II, City Project #345CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 2, 2004 AGENDA ITEM: Authorize Eminent Domain - Eastside Watermain, Phase II, City Project #345 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer Z-- A * 1 ATTACHMENTS: Resolution, Exhibit & Legal Description APPROVED BY: RECOMMENDED ACTION: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN ACTION: BACKGROUND: This item is on the agenda for Council to authorize eminent domain proceedings for the acquisition of easements for the Eastside Watermain, Phase II Project, City Project #345 as shown on the attached exhibit. The acquisitions of these easements are necessary for the trunk watermain to remain in the location it was installed as part of the construction that occurred in 2003. Construction was allowed on this parcel by way of temporary permit to construct. This temporary permit to construct will expire on December 31, 2004. Due to the timeframe of eminent domain proceedings it was determined that the process to acquire the easements would need to begin at the beginning of Augusta On April 17, 2003 Council approved easement compensation for this parcel and the City will not release this check until a fully executed easement document is received. The City will continue negotiations with the parcel fee owners during the eminent domain process in an attempt to avoid eminent domain proceedings. SUMMARY: Staff recommends that Council authorize the acquisition of this easement by eminent domain proceedings. 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 undertaken a project known as the Eastside Watermain Extension Phase II Project (City Project #345) (the "Project"); and WHEREAS, the Project involves the extension of a trunk watermain to connect the City's western water supply zone to the newly constructed eastern water supply zone; and WHEREAS, the Project requires the construction of a pressure - reducing valve station, in order to balance the water pressure between the eastern and western zones; and WHEREAS, without a pressure reducing valve station, the eastern zone would drain water from the western zone and potentially threaten the adequacy of the water supply within the western zone for life- safety purposes; and WHEREAS, the City has identified the need to acquire permanent and temporary easements over certain real properties described on the attached Exhibit A (the "Properties ") for purposes of construction of the Project; and WHEREAS, the City has acquired temporary rights of entry to allow the construction of the Project on the Properties, but the rights of entry expire on December 31, 2004, and the City has not been able 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. RESOLUTION 2004 - 3. The period of the temporary easements to be acquired shall be from July 1, 2003 to September 30, 2003, which was the period of actual construction under the temporary rights of entry, for which the owners of the Properties have not yet been compensated. 4. The City Attorney is authorized and directed on behalf of the City to acquire permanent easements for drainage and utility 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. Seca 117.042. 5. The City Engineer is authorized to obtain and approve appraised values for each of the Properties. 6. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this - resolution. ADOPTED this 2nd day of August, 2004. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 2 day of August, 2004, as disclosed by the records of said City in my possession. (SEAL) Linda Jentink, Rosemount City Clerk Motion by: Seconded by: Voted in favor: Voted against: 1 EXHIBIT A Parcel 4 Subject Property (PID No. 34- 02700- 010 -13) The West Half of the Northeast Quarter (W % NE '/4) of Section 27, Township 115 North, Range 19 West, according to the Government Survey thereof, Dakota County, Minnesota. Easements to be Acquired A perpetual, non- exclusive easement for utility and drainage purposes over, under, across and through the North 7.00 feet of the South 40.00 feet of that part of the Property lying Easterly of the Easterly right of way line of County Road No. 73, (Akron Avenue). A perpetual, non- exclusive easement for utility and drainage purposes over, under, across and through the North 43.00 feet of the South 83.00 feet of the East 100.00 feet of the Property. A perpetual, non - exclusive easement for utility and drainage purposes over, under, across and through the East 10.00 feet of that part of the Property lying Northerly of the Southerly 83.00 feet thereof. A perpetual, non - exclusive easement for utility and drainage purposes over, under, across and through the West 10.00 feet of the East 20.00 feet of the North 205.00 feet of the South 288.00 feet of the Property. A temporary easement for construction purposes over, under, across and through the North 60.00 feet of the South 100.00 feet of that part of the Property lying Westerly of the Easterly 100.00 feet thereof, and also, lying Easterly of the Easterly right of way line of County Road No. 73, (Akron Avenue). A temporary easement for construction purposes over, under, across and through the North 17.00 feet of the South 100.00 feet of the West 90.00 feet of the East 100.00 feet of the Property. A temporary easement for construction purposes over, under, across and through the West 60.00 feet of the East 70.00 feet of that part of the Property lying Northerly of the Southerly 100.00 feet thereof, except the West 10.00 feet of the East 20.00 feet of the' North 205.00 feet of the South 288.00 feet of the Property. CAH- 251138v1 RS220-174 NLWEOFTHEVIM NOFTjMNE U4 o ® e, EASTLWEOFTfIE WBSIIft OF I}IE NEW EK64 M SANITARY SEWER LWE E1Y W W OF AKRON AVFNUE r PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA = 186433 f sq ft PROPOSED PERb1ANENT UTII IT AND DRAINAGE EASEMENT AREA = 71810 sq ft 33/� y� OF THE WEST 1/2 OF THE NE IM _-- _— ______.__._ __.____.___ _.__ SEC21TIlSR19 CSAH 42 East Side Watermain Phase II l�YSB _ � "�"�'' "" �"' Easement Exhibit i ° °"" "" °" ""° City of Rosemount, Minnesota t1 ! !Parcel 4 nt�W eq"