HomeMy WebLinkAbout6.m. Authorize Eminent Domain for McMenomy Parcel, City Project #343AGENDA ITEM: Authorize Eminent Domain McMenomy Property
Connemara Trail Phase 2, City Project #343
AGENDA SECTION:
Consent
PREPARED BY: Andrew J Brotzler, P E City Engineer
AGEND/TEM
6
APPROVED
ATTACHMENTS: Resolution, Exhibit
4
CITY COUNCIL MEETING DATE May 21, 2002
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
This item is on the agenda for Council authorization to acquire property with eminent domain proceedings for
the Connemara Trail Phase 2 project The property is located between the railroad tracks and Biscayne Avenue
The acquisition of this property at this time is necessary to accommodate the Brockway Draw Sanitary Sewer
Interceptor project proposed to be built this year and the extension of Connemara Trail Phase 2 in 2003
Staff recommends Council approval of the attached resolution
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION DETERMINING THE
NECESSITY FOR AND AUTHORIZING THE ACQUISTION OF CERTAIN PROPERTY BY
PROCEEDINGS IN EMINENT DOMAIN
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2002
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 street and utility
improvements to Connemara Trail as part of City Project #343 (the "Project and
WHEREAS, the City has identified the need to acquire fee simple title to certain real property and also
permanent easements over certain other real property, described on the attached Exhibit A (the
"Property 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
domam
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 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 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
right -of -way easements for street, sidewalk, utility and drainage purposes and permanent
slope easements for grading and sloping purposes over the Property 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
ADOPTED this 21 day of May, 2002.
ATTEST.
Linda Jentink. City Clerk
2
Cathy Busho, Mayor
Resolution 2002
4 The City Attorney further is authorized to take all actions necessary and desirable to carry
out the purposes of this resolution
Motion by Seconded by
Voted in favor
Voted against
I L_T.
CONNEMARA TRAIL
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PARCEL
80.1005 SF
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PROPOSED
CONNEMARA TRAIL
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300
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PVS
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4150 Olson Memonal Highway
Suite 300
MmOeapoh MN 55422
7615414800
FAX 783-541-1703
INFRASTRUCTURF a ENGINFFRS PLANNERS
CONNEMARA TRAIL
STREET IMPROVEMENTS
Rosemount, Minnesota
W58 Project No 01400.002
City Pro ed No 330
Date Feb 19, 2002
J