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 .