HomeMy WebLinkAbout6.h. Authorize Eminent Domain - Keegan Lake Outlet, City Project #343ACITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: November 3, 2003
AGENDA ITEM: Authorize Eminent Domain — Keegan Lake Outlet,
City Project #343A
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer �
AGEN
4 4 6 H
ATTACHMENTS: Resolution, Exhibit and Legal Descriptions
APPROVED BY:
This item is on the agenda for Council to authorize eminent domain proceedings for the acquisition of
easements along Biscayne Avenue between Connemara Trail and County Road 38 as shown on the attached
exhibit. The acquisitions of these easements are necessary for construction of the Keegan Lake Outlet project.
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION DETERMINING THE
NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY
PROCEEDINGS IN EMINENT DOMAIN.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003 —
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 Council has determined that the City should construct a storm drain outlet to
Keegan Lake as part of City Project #343A, Keegan Lake Outlet (the "Project "); and
WHEREAS, the City Council has determined this project necessary to eliminate recurring problems of
high water levels that cause flooding and damage to adjacent properties by establishing a control
structure to stabilize a normal water level; 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 "Easements ") for purposes of construction
or the Project; and
WHEREAS, the City intends to negotiate with the property owners for the acquisition of the real estate
interests described herein, but if negotiations fail, it intends to acquire said real estate through eminent
domain.
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 for a public purpose and
is necessary, convenient and reasonable for the purpose of constructing this 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.
The City Attorney is authorized and directed on behalf of the City to acquire permanent
easements for utility and drainage purposes and temporary construction easements over the
properties described on Exhibit A 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.
Resolution 2003 -
4. The City Attorney further is authorized to take all actions necessary and desirable to carry
out the purposes of this resolution.
ADOPTED this 3 day of November, 2003.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:
Seconded by:
2
Location: Rosemount
P.I.D. No. 34- 02110 - 013 -31 Project No. 1498 -003
Parcel No. 8 Date: August 11, 2003
That part of the following described parcel of land in the City of Rosemount:
That part of Government Lot 2 and the West Half of the Southwest Quarter (W I /2 of SW
'/4) of Section Twenty One, (21), Township One Hundred Fifteen (115), Range Nineteen
(19), Dakota County, Minnesota described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter (W '/2 of
SW ' /4); thence North 0 degrees 11 minutes 11 seconds West (assumed bearing) along the
East line thereof a distance of 1753.82 feet; thence continuing North 0 degrees 11
minutes 11 seconds West along said East line a distance of 900.00 feet to the centerline
of 135 Street West; thence Northwesterly on said centerline along a non - tangential
curve concave to the Northeast having a radius of 433.55 feet, a central angle of 8
degrees 32 minutes 38 seconds and a chord bearing of North 63 degrees 42 minutes 54
seconds West for a distance of 64.55 feet; thence North 59 degrees 26 minutes 36
seconds West along said centerline, tangent to the last described curve a distance of
295.35 feet to the actual point of beginning, thence continuing North 59 degrees 26
minutes 36 seconds West along said centerline a distance of 171.78 feet; thence along
said centerline on a tangential curve concave to the Northeast, having a radius of 1174.50
feet and a central angle of 12 degrees 09 minutes 00 seconds for a distance of 249.06 feet;
thence North 47 degrees 17 minutes 36 seconds West along said centerline a distance of
197.50 feet to the centerline of Biscayne Avenue; thence South 16 degrees 15 minutes 18
seconds West along said centerline a distance of 442.16 feet; thence Southwesterly on
said centerline along a tangential curve concave to the Northwest, having a radius of
1454.44 feet and a central angle of 6 degrees 17 minutes 48 seconds for a distance of
159.84 feet; thence South 72 degrees 23 minutes 03 seconds East a distance of 685.58
feet; thence North 2 degrees 12 minutes 43 seconds East a distance of 413.35 feet to the
point of beginning and there terminating; according to the Government Survey thereof.
Which lies within the following permanent easement for utility and drainage purposes:
A strip of land 40.00 feet in width over that part of the above described tract, the
centerline of which is described as follows:
Commencing at the Southwest corner of Government Lot 2, Section 21, Township 115,
Range 19, Dakota County, Minnesota; thence North 89 degrees 50 minutes 50 seconds
East, assumed bearing along the South line of said Government Lot 2, 339.97 feet; thence
South 21 degrees 50 minutes 22 seconds West 30.28 feet to the point of beginning of said
centerline to be hereinafter described; thence returning North 21 degrees 50 minutes 22
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seconds East 290.02 feet; thence North 17 degrees 09 minutes 11 seconds East 190.55
feet; thence North 13 degrees 45 minutes 22 Seconds East 162.82 feet and said centerline
there terminating.
Said strip of land is to extend by its full width from the Southerly line of the above
described tract to the Southerly line of County Road No. 38.
Also which lies within the following temporary easement for construction purposes:
A strip of land 15.00 feet in width over that part of the above described tract, the
Westerly line of which is contiguous with the Easterly line of the above described
permanent easement.
Said strip of land is to extend by its full width from the Southerly line of the above
described tract to the Southerly line of County Road No 38.
Said temporary easement to expire December 31, 2004.
Parties: Richard J. LaMotte and Richard C. LaMotte
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Location: Rosemount
P.I.D. No. 34- 02110- 014 -31 Project No. 1498 -003
Parcel No. 9 Date: August 11, 2003
That part of the following described parcel of land in the City of Rosemount:
That part of the West half (W 1 /2) of the Southwest Quarter (SW 1 /4) of Section Twenty -
one, (21), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota County,
Minnesota described as follows:
Commencing at the Southeast corner of said West Half (W 1 /2) of the Southwest Quarter
(SW' /4); thence North 0 degrees 11 minutes 11 seconds West (assumed bearing) along
the East line thereof, a distance of 1753.82 feet; thence North 79 degrees 52 minutes 34
seconds West a distance of 360.00 feet; thence North 2 degrees, 12 minutes, 43 seconds
East a distance of 302.88 feet to the point of beginning of the land to be described, thence
continuing North 2 degrees 12 minutes 43 seconds East a distance of 300.00 feet; thence
North 72 degrees 23 minutes 03 seconds West a distance of 685.58 feet to the centerline
of Biscayne Avenue, thence South 22 degrees, 33 minutes, 06 seconds West along said
centerline a distance of 335.80 feet; thence South 75 degrees 39 minutes 05 seconds East
a distance of 795.45 feet to the point of beginning, according to the United States
Government Survey thereof, Dakota County, Minnesota.
Which lies within the following permanent easement for utility and drainage purposes:
A strip of land 40.00 feet in width over that part of the above described tract, the
centerline of which is described as follows:
Commencing at the Northwest corner of the Northwest Quarter of the Southwest Quarter
of Section 21, Township 115, Range 19, Dakota County, Minnesota; thence North 89
degrees 50 minutes 50 seconds East, assumed bearing along the North line of said
Northwest Quarter of the Southwest Quarter, 339.97 feet to the point of beginning of said
centerline to be hereinafter described; thence South 21 degrees 50 minutes 21 seconds
West 121.17 feet; thence South 23 degrees 03 minutes 25 seconds West 614.09 feet and
said centerline there terminating.
Said strip of land is to extend by its full width from the Northerly line of the above
described tract to the Southerly line of the above described tract.
Also which lies within the following temporary easement for construction purposes:
Note: This is not a legal docu nent. It is intended only to present the information to
prepare the necessary doeurnents l*or the acquisition of ilex easernents descr ilwd
above by proceedings in eminent domain or negotiatirarh
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A strip of land 15.00 feet in width over that part of the above described tract, the
Westerly line of which is contiguous with the Easterly line of the above described
permanent easement.
Said strip of land is to extend by its full width from the Northerly line of the above
described tract to the Southerly line of the above described tract.
Said temporary easement to expire December 31, 2004.
Par-ties: Kevin Muellner and Lois Muellner
Note: This is not a lel121 docunient. It is intended onl y to present the informaflon to
prepare the necessary documents for the acquisition of the epsernents descrEbed
above by proceedings in erninent domain or negotiation.
( "Documents and SoifingsVlanporat; hiternet TARCF1
Location: Rosemount
P.I.D. No. 34- 02110- 015 -31 Project No. 1498 -003
Parcel No. 10 Date: August 11, 2003
That part of the following described parcel of land in the City of Rosemount:
That part of the West Half of the Southwest Quarter of Section 21, Township 115, Range
19, Dakota County, Minnesota described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter; thence
North 0 degrees 11 minutes 11 seconds West (assumed bearing) along the East line
thereof a distance of 1753.82 feet; thence North 79 degrees 52 minutes 34 seconds West a
distance of 360.00 feet to the point of beginning of the land to be described; thence North
2 degrees 12 minutes 43 seconds East a distance of 302.88 feet; thence North 75 degrees
39 minutes 05 seconds West a distance of 795.45 feet to the centerline of Biscayne
Avenue; thence South 22 degrees 33 minutes 06 seconds West along said centerline a
distance of 367.20 feet; thence South 79 degrees 52 minutes 34 seconds East a distance of
914.00 ft. to the point of beginning.
Which lies within the following permanent easement for utility and drainage purposes:
A strip of land 30.00 feet in width over that part of the above described tract, the
centerline of which is described as follows:
Commencing at the Northwest corner of the Northwest Quarter of the Southwest Quarter
of Section 21, Township 115, Range 19, Dakota County, Minnesota; thence North 89
degrees 50 minutes 50 seconds East, assumed bearing along the North line of said
Northwest Quarter of the Southwest Quarter, 339.97 feet to the point of beginning of said
centerline to be hereinafter described; thence South 21 degrees 50 minutes 21 seconds
West 121.17 feet; thence South 23 degrees 03 minutes 25 seconds West 614.09 feet to the
Southerly line of the above described tract and said centerline there terminating.
Said strip of land is to extend by its full width from the Northerly line of the above
described tract to the Southerly line of the above described tract.
Also which lies within the following temporary easement for construction purposes:
A strip of land 15.00 feet in width over that part of the above described tract, the
Westerly line of which is contiguous with the Easterly line of the above described
permanent easement.
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary d(wu.rnents for the acquisition of the ease°rn€nts descr°il)ed
above by proceedings in e =ntinent domain or negotiation.
Said strip of land is to extend by its full width from the Northerly line of the above
described tract to the Southerly line of the above described tract.
Said temporary easement to expire December 31, 2004.
Parties: John H. Gillespie and Karen S. Gillespie
Note: This is not a lo document. It is intended only to present the information to
prepare the necessary documents for tile acquisition of the easements described
aril ove irk proceedings in eminent domain or negotiation.
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