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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 a�i 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 J