HomeMy WebLinkAbout6.n. Authorize Eminent Domain for Ostertag Parcel, City Project #330AGENDA ITEM: Authorize Eminent Domain Ostertag Property
Connemara Trail Phase I, City Project #330
AGENDA SECTION:
Consent
PREPARED BY: Andrew J Brotzler. P E City Engineer
AGEN 1
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ATTACHMENTS: Resolution, Exhibit
APPROVED BY:
CITY COUNCIL MEETING DATE May 21, 2002
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
This item is on the agenda for Council to authorize the acquisition of property by eminent domain as part of the
Connemara Trail Phase I Street and Utility Improvements, City Project #330 The property shown on the
attached exhibit is located between Trunk Highway 3 and Dodd Boulevard The acquisition of this property is
necessary to accommodate the extension of Connemara Trail
Staff recommends Council approval of the attached resolution.
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 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 (Shannon Parkway to Trunk Highway 3) as part of City Project #330
(the "Project and
WHEREAS, the City has identified the need to acquire permanent easements over certain real property,
described on the attached Exhibit A (the "Property for purposes of construction of 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 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, m 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
CONNEMARA TRAIL
0
50 100
EXIST NG EASEMENT
22.737 SF
SLOPE EASEMENT
13,52E SF
PROPOSED EASEMENT
14.012 SF
M
O
4150 Olson Memonal ■ghway
Suite 300
,A,[ B Minneapolis MN 55422
s J
/r FA%763-5n L1>W
Associates Inc
763-5414800
CONNEMARA TRAIL
STREET IMPROVEMENTS
Rosemount, Minnesota
W58 Project No 01400 -002
City Project No 330
Date Feb 19, 2002
EASEMENT
ACQUISITION
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