Loading...
HomeMy WebLinkAbout8.d. Comdemnation Proceedings for 145th Street, Carroll Property, City Project #235 4 � � EXECUTIVE SUMMARY FOR ACTION AGENDA ITEM: Condemnation Proceedings for AGENDA SECTION: 145th Street, Carroll Old Business Property, Project #235 PREPARED BY: Mike Miles, City Attorney , AG ATTACHMENTS: City Council Resolution and AP B : . Condemnation Documents � At the May 18, 1993 Rosemount City Council Meeting staff was instructed to prepare a Condemnation Resolution regarding acquisition of a certain portion of �he Carroll property to accomplish the realignment of Chili Avenue, as per Ci.ty Project No. 235 . Accordingly, I have prepared a Condemnation Resolution which provides for the taking af the needed property by the so-called "quick take" eminent domain process . I have also enclosed draft Condemn.ation documents which must be submitted to those who have a property interest in the real estate to be acquired and the Court in order to commence the Condemnation process . If you act on the Condemnation Resolution at your June l , 1993 City Council meeting, we will be able to achieve the following time lines : • June 3, 1993 - Service of Condemnation documents on those with an interest in the subject property and filing of Condemnation documents with the District Court. • August 2, 1993 - Oral argument before Dakota County District Court to seek authorization and approval of the Condemnation process and be granted authority to occupy the property on September 3, i993 . • September 3, i993 - Assuming the District Court authorizes the Condemnation following the August 2 , 1993 court appearance, this will be the date when we can take possession of the property. Please note that the September 3rd date is roughly 90 days aftez the filing of our Condemnation documents, which is the earliest we may take possession under the "quick take" eminent domain procedure. As is true with all condemnation proeeedings, staff will continue to try to reach a negotiated settlement with the property owners and others having an interest in the property up to completion of the condemnatian procedure . RECOMMENDED ACTION: Adoption of the attached resolution authorizing the City Attorney and Staff to proeeed with "quick take" eminent domain proceedings regarding the Carroll property needed for City Project No. 235 . COUNCIL ACTION: Ci[yrose\Chi1i\Agenda.For � • , CITY OF ROSEMOUNT DAROTA COUNTY, MINNESOTA RESOLUTION 1993 - RESOLUTION OF THE CITY COUNCIL OF ROSEMOUNT, MINNESOTA DIRECTING CONDEMNATION OF LAND NEEDED FOR REALIGNMENT OF CHILI AVENUE, A PUBLIC STREET IN ROSEMOUNT, MINNESOTA WHEREAS, the City of Rosemount finds, with respect to tihe property legally described in the proposed easement attached as Exhibit A, ( "Property" ) , the following: 1 . The Froperty lies within the City of Rosemount; 2 . The property is needed in order to realign Chili Avenue between 144th and 145th Streets, in Rosemount, Minnesota; 3 . To date, efforts by Rosemount City officials to acquire easement rights regarding the property have been unsuccessful. NOW, THEREFORE BE IT RESOLVED, by the Rosemount City Council as follows : 1 . The proposed realignment of Chili Avenue between 144th and 145th Streets , in Rosemount, Minnesota, is necessary in order to eliminate the offset intersection on 14Sth Street caused by the nonalignment o£ Chili Avenue and Chippendale Avenue; 2 . The realignment of Chili Avenue to directly meet Chippendale Avenue will improve traffic flow in this portion of Rosemount, Minnesota, and enhance the welfare and safety of inembers of the general public, who make use of Chili Avenue, Chippendale Avenue and 145th Street; 3 . Therefore, the proposed use of the property for realignment purposes wiil benefit the public good, constitute an improvement for a public purpose and promote the general welfare of the City of Rosemount, Minnesota; 4 . In order to acquire the property, the City Attorney and City Staff are authori2ed and directed to proceed with acquisition of the easement on the property for the purpose of realigning Chili Avenue by exercise of the power of eminent domain. i � ) 5 . The City Attorney and City Staff are further authorized and directed to utilize the "quiek take" condemnation procedure set forth in Minn. Stat. �117 . 042 . ADOPTED this lst day of June, 1993 . E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Secanded by: Voted in favor: Voted againsts Cityrose\Chili\Resolution 2 EXHIBIT A DESCRTPTION OF EASEMENT A permanent easement for public right-of-way purposes over, under and across that part of 0utlot A. Carrollton Addition, according to the plat on file in the Office of the County Recorder, Dakota County, Minnesota lying southeasterly of the following described line: Commencing at the southeast corner of said Outlot A; thence South 89 degrees 24 minutes 3O seconds West, assumed bearing, along the south line thereof, a distance of 147 . 88 feet to the point of beginning of the line to be described; thence Northeasterly 123 . 07 feet along a nontangential curve, concave to the southeast, having a radius of 315 . 67 feet, and a central angle 22 degrees 20 minutes 14 seconds , and the chord of said curve bears North 34 degrees 51 minutes 25 seconds East; thence North 46 degrees Ol minutes 32 seconds East, tangent to said curve, a distance of 25 . 53 feet; thence northeasterly 165 . 55 feet along a tangential curve, concave to the northwest, having a radius of 209 . 12 feet and a central angle of 45 degrees 21 minutes 33 seconds; thence North 0-0 degrees 39 minutes 58 seconds East, a distance of 33 . 29 feet to a point on the north line of said 0utlot A, distant 0 . 71 feet West of the northeast corner thereof and said line there terminating. For the purpose of this description the bearings are oriented to the Dakota County Coordinate System. Said permanent easement cantains 15, 924 square feet more or less . STATE OF MINNESOTA DiSTRICT COURT COUNTY �F DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Rosemount, a municipal corporation under the laws of Court File No. the State of Minnesota, Petitioner, vs . PETITION Respondents . ------------------------ IN THE MATTER OF THE CONDENIlZATION OF CERTAIN LAND IN ROSEMOtJNT, MINNESOTA� FOR ROADWAY EA.SEMENT PURPOSES. Petitioner City of Rosemount, Minnesota, for its Petition herein, respectfully states and alleges : I . Petitioner is a public body corporate and politic, created by and organized pursuant to Minnesota Statutes, Chapter 412, as amended, and is authorized by Chapter 412, to acquire property by exercise of the power of eminent domain under and pursuant to Minnesota Statutes, Chapter 117 . II . Petitioner has found it necessary and in the public interest to acguire by permanent easement, the real estate described in Exhibit A, attached hereto and incorporated herein, in order to realign and reconstruct Chili Avenue, a public street located in the City of Rosemount, Minnesota . III . Petitioner, by its Resolution No. 1993- , adopted June 1, 1993 , attached hereto and incorporated herein as Exhibit B, deems that it is necessary in order to accomplish the public purposes set forth in Exhibit B, to acquire a permanent easement ta the real estate described in Exhibit A, which is situated in the City of Rosemount, Minnesota, by the exercise of the power of eminent domain. Petitioner therefore directed its City Attorney and staff to acquire a permanent easement on the property described in Exhibit A. IV. The names of all persons appearing of record and known to the Petitioner as a result of due and diligent inquiry to be the owners of or to potentially have an interest in the real property legally described in Exhibit A are listed as Respondents above. The respective natures of the Respondents ' ownership or other interests, as nearly as can be ascertained, are as follows : N�� NATURE OF INTEREST V. None of the real estate described in Exhibit A is in actual public use, to the best Qf Petitioner' s information and belief . 2 VI . Petitioner requires transfer of possession and ownership of the interest sought in the real estate described in Exhibit A, in accordance with Minn. Stat. §117 . 042 , as amended, as of September 3, 1993 . WHEREFORE, Petitioner prays that such proceedings may be had as or provided by law and that it acquire by condemnation, absolute rights to the permanent easement regarding real property situated in Dakota County, Minnesota, described in Exhibit A, as against all Respondents herein named and against all persons or parties unknown claiming any right, title, estate, lien or interest in said real estate; That it be adjudged and determined that the pxoperty is sought to be taken for a public purpose and that the taking is authorized by law; That three competent and disinterested persons, residents of Dakota County, Minnesota, be appointed as commissioners to ascertain and report the amount of damages that will be sustained by the owners on account of said taking; That the Court order and fix the time and place of the first meeting of such commissioners and prescribe their compensation; That the commissioners be directed and instructed by the Court to proceed according to law, to make fair and impartial assessment and award of all damages that will be sustained by the owners by reason of such taking and report the same to this Court; That in all cases where, for any reason, it shall be doubtful 3 to whom the award shall be paid, that payment be made to the administrator of such court to be paid out by him or her under the direction of the Court; and That such other and further relief be granted as may be appropriate in the premises , Petitioner further prays for an Order of this Court, pursuant to Minnesota Statutes , §117 . 042, as amended, authorizing the transfer of title and the right to possession of said real estate to Petitioner ta be effective as of September 3 , 1993 . Dated: June 2, 1993 . FLUEGEL MOYNIHAN � MILES, P.A. ' Bye J . Michael Miles, #73003 13Q3 South Frontage Road Hastings , MN 55033 (612 ) 438-9777 Attorney for City of Rosemount Cityrose\Chili\Peti[ion 4 EXHIBIT A DESCRIPTION OF EASEMENT A permanent easement for public right-of-way purposes over, under and across that part of Outlot A. Carrollton Addition, according to the plat on file in the Office of the County Recorder, Dakota County, Minnesota lying southeasterly o£ the following described line: Commencing at the southeast corner of said Outlot A; thence South $9 degrees 24 minutes 30 seconds West, assumed bearing, along the south line thereof, a distance of 147 . 88 feet to the point of beginning of the line to be described; thence Nartheasterly 123 . 07 feet along a nontangential curve, concave to the southeast, having a radius of 315 . 67 feet, and a -central angle 22 degrees 20 minutes 14 seconds , and the chord of said curve bears North 34 degrees 51 minutes 25 seconds East; thence North 46 degrees O1 minutes 32 seconds East, tangent to said curve, a distance of 25 . 53 feet; thence northeasterly 165 . 55 feet along a tangential curve, concave to the northwest, having a radius of 209 . 12 feet and a central angle of 45 degrees 21 minutes 33 seconds; thence North 00 degrees 39 minutes 58 seconds East, a distance of 33 . 29 feet to a point on the north line af said Outlot A, distant 0 . 71 feet West of the northeast corner thereof and said line there terminating. For the purpose of this description the bearings are oriented to the Dakota County Coordinate System. Said permanent easement contains 15, 924 square feet more or less . , � . pISTRICT COu.. �-� STATE OF MINNESOTA FIRST JUDICZA� �iSTRICT COUNTY OF DAK�TA CA�E TYpE� CONDEMNATI4N Cityrof Rosemount, a municipal �ourt File No. corporation under the laws of the State of Minnesota, Petitioner, vs . NOTICE OF INTENTION � Tp,gE POSSESSION AND MOTION TO TRANSFER TITLE Respondents • --- " --- - -- g Z*gg CONDF.MNATION UF ----------- IN THE MATTER 0 MINNESOTA, CERTAIN LAND IN ROSEMO�p�OSES- FOR ROADWAY EASII� TO: RESPONDENTS HEREIN-ABOVE N�MED' that the City of YOU, and each of you, are hereby notified Rosemount, Minnesota, a P ublic body palitic and corporate under the aWs of the State of Minnesota, the Petitioner in the above- 1 tembex' 3, 1993 of ' tled action, intends to take possession on Sep enti the real estate desc ribed in the Petition and filed with the above Court on June 3 , 1993 ; of That possession will be taken for �he purP�se reconstructing and realigninq Chili Avenue, a publie street in Rosemount, M innesota . The real estate invol.ved in this taking ls described in the attached Exhibit A• of maney equal to YOU ARE FURTHER NQTIFIED, that an amount of Rosemo unt' s approved appraised value of said Petitioner City aid directlY to land will be deposited with the above Court or p , . � '�� - . eligible resp ondents prior to September 3, 1993, pursuant to Minn. Stat. �117 .042 . ust 2� 1993r YOU ARE FURT�ER NOTIFIED, that Petitioner, on Aug at 9 : 00 a .m. , or soon thereafter as counsel can be hea�d, at the Dakota County Government Center, Hastinqs , Dakota County, Minnesota, will move the Court to enter an Order transferring the e uested property interest for the property attached as Exhibit A, r q to the Petitioner effective September 3, 1993, as set forth in t �.s Notice of Intent to Take Possession. A Notice of the Objects of the City of Rosemount' s Petition and the date and time of hearing thereon and the Petition itself , bein served upon you under separate heading, together with this is g Not ice of Intention to Take Possession and Motion to Transfer Title . Datedc June 2, 1993 • FLUEGEL MOYNIHAN & MILES, p•A• B�'� 73003 J , Michael Miles, # 1303 SosthMNr�55033 R�ad Hasting , (612) 438-9777 of Attorney for City Rosemount Cityrose\Chili\PossNoLi 2 EXHIBIT A DESCRIPTION OF EASEMEN'� A permanent easement for public right-of-way purposes over, under and across that part of Outlot A. Carrollton Addition, according to the plat on file in the Office of the County Recorder, Dakota Caunty, Minnesota lying southeasterly of the following described line: Commencing at the southeast corner of said 0utlot A; thence South 89 degrees 24 minutes 30 seconds West, assumed bearing, along the south line thereof, a distance of 147 . 88 feet ta the point of beginning of the line to be described; thence Northeasterly 123 . 07 feet along a nontangential curve, concave to the southeast, having a radius of 315 . 67 feet, and a central angle 22 degrees 20 minutes 14 seconds , and the chord of said curve bears North 34 degrees 51 minutes 25 seconds East; thence North 46 degrees 01 minutes 32 seconds East, tangent to said curve, a distance of 25 . 53 feet; thence northeasterly 165 . 55 feet along a tangential curve, concave to the northwest, having a radius of 209 . 12 feet and a central angle of 45 degrees 21 minutes 33 seconds; thence North 00 degrees 39 minutes 58 seconds East, a distance of 33 . 29 €eet to a point on the north line of said Outlot A, distant 0 .71 feet West of the northeast corner thereof and said line there termina�ing. For the purgose of this description the bearings are oriented to the Dakota County Coordinate System. Said permanent easement contains 15, 924 square feet more or less . STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Rosemount, a municipaJ. corporation under the laws of Court File No. the State of Minnesota, Petitioner, vs . NOTICE Respondents . ------------------ IN THE MATTER OF THE CONDEMNATION OF CERTAiN LAND IN ROSEMOUNT, MINNESOTA, FOR ROADWAY F,ASEMENT PURPOSES TO THE RESPONDENTS HEREIN ABOVE-NAMED: YOU, and each of you, are hereby notified that on Manday, August 2, 1993, at 9:�0 a .m. , or as soon thereafter as counsel can be heard, in the Dakota CQunty Government Center, at Hastings, Dakota County, Minnesota, the above-named Petitioner will present to the above-named Court, a Petition now on file herein for the condemnation of certain real estate, to obtain a permanent easement thereon . A copy of the Petition describing the real estate being acquired and a Notice of Intention to Take Possession and Mation to Trans€er Title are being served upon you under separate headinq, toqether with this Notice. Dated: June 2 , 1993 . FLUEGEL MOYNIHAN & MILES, P.A. By: J. Mic�ael Miles , #73003 1303 Sauth �'rontage Road Hastings, MN 55Q33 ( 612 ) 438-9777 Attorney for City of Rosernount Gicyrose\Chili\Notice 2 ' ' . � � �'el.:. DISTRICT COURT STATE OF MINNESOTA FIRST JUDICIAL DISTRICT COUNTY OF DAKOTA CASE TYPE: CONDEMNATION COURT FILE N0: City of Rosemount, a municipal corporation under the laws of the State of Minnesota, Petitioner, vs . NOTICE OF LIS PENDENS Respondents . IN THE MATTER UF THE OC�T�INN SOTA, CERTAIN LAND YA1 ROSEM. � FOR ROAD`^1AY EASEMENT PURPOSES T0: COUNTY RECORDER AND REGISTR.AR OF TITLES FOR DAKOTA CDUNTY. NOTICE OF PENDENCY NOTICE IS HEREBY GIVEN, that on June 3 , 1993 , the City of R osemount, Minnesota, filed a Petition in the Office of the Clerk of the District Court of Dakota County, for the condemnation pursuant to Minn. Stat . Chap. 117 , as amended, of certain rights to the real estate situated in Dakota County, Minnesota, more ' cularl described in Exhibit A, attached h�reto and made a parti Y P art hereof , for the purpose of acquiring a permanent easement with respect thereto. The names of the parties who are known to the Petitioner to be owners of or to potentially have an interest in the real property interests to be acquired hereunder are set forth as respondents above. Dated: June 2 , 1993 . FLUEGEL MOYNIHAN & MILES, P.A. Bys J. Michael Miles, #73003 1303 South Frontage Road Hastings, MN 55033 (612 ) 438-9777 Attorney for City of Rosemount Cityrose\Chili\LisPendence 2 EXHIBIT A DESCRIPTION OF EASEMENT A permanent easement for public right-of-way purposes over, under and across that part of Outlot A. Carrollton Addition, according to the plat on file in the Office of the County Recorder, Dakota County, Minnesota lying southeasterly of the following described linee Comrnencing at the southeast corner of said 0utlot A; thence South 89 degrees 24 minutes 30 seconds West, assumed bearing, along the south line thereof , a distance of 147 . 88 feet to the point of beginning o� the line to be described; thence Northeasterly 123 . 07 feet along a nontangential curve, concave to the southeast, having a radius of 315 . 67 feet, and a central angle 22 degrees 20 minutes 14 seconds, and the chord of said curve bears North 34 degrees 51 minutes 25 seconds East; thence North 46 degrees O1 minutes 32 secands East, tangent to said curve, a distance of 25 . 53 feet; thence northeasterly 165 . 55 feet along a tangential curve, concave to the northwest, having a radius of 209 . 12 feet and a central angle of 45 degrees 21 minutes 33 seconds ; thence North 00 degrees 39 minutes 58 seconds East, a distance of 33 . 29 feet to a point on the north line of said Outlot A, distant 0 . 71 feet West of the northeast corner thereof and said line there terminating. For the purpose of this description the bearings are oriented to the �akota County Coordinate System. Said permanent easement contains 15, 924 square feet more or less .