HomeMy WebLinkAbout4.j. 145th Street Eminent Domain Proceedings ,,.- —=
' CITY OF ROSEMOUNT �r��� ���Lt-�L'"���
EXECUTIVE SUMMARY FOR ACTION! �
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CITY COUNCIL MEETING DATE: May 17, 1994 9-�
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AGENDA ITEM: 145th Street - Eminent Domain � ,/� A NDA SECTION:
Proceedings u2"S nsent
PREPARED BY: Bud Osmundson AGENDA ��� �� �
City Engineer/Assistant Public Works Director
ATTACHMENTS: Resolution with Exhibits APPROVED BY:
Letter from Fischer
At the last Council meeting Staff was directed to, if necessary, prepare Eminent Domain
or condemnation proceedings to allow City Project #245, the reconstruction of 145th
Street between Chili and Cameo Avenue, to proceed. Since the last Council meeting,
there are two remaining parcels which require right-of-entries. One of these parcels also
require a permanent easement.
The attached letter from Mrs. Lucille Fischer does summarize the concerns of one of the
remaining parcels and the residents on the south side of 145t� Street between Chianti
and Chili Avenues. The sidewalk or bike trail on this segment of 145th Street has been
maintained in the winter time by the City since its installation many years ago. These
residents are requesting that the City continue this maintenance of the newly proposed
sidewalk. One option which may be available and is somewhat agreeable to the residents
is that the City would maintain it for the next ten (10) years, at which time the snow
removal maintenance would become the responsibility of the homeowners. The
maintenance of the 5' sidewalk does present some concerns to the Public Works
Department, in that the City does not have a machine which could plow less than a 6'
wide sidewalk. Staff believes that the one last right-of-entry needed on this side of 145th
Street will sign the right-of-entry if the Council would approve such an arrangement.
The other remaining parcel is on the north side of 145th Street. The resident in question
has sold the house in the past 6 months and believes that by not signing a right-of-entry
they will not be responsible for the payment of the assessments. We have talked to the
resident and recommended that he contact legal counsel and assured him that the
pending assessment would be identified by a Title Company to be the existing
homeowners responsibility no matter if the right-of-entry was granted or not.
At the time of this writing, these are the two remaining parcels which are needed.
Hopefully 6y Tuesday night with further negotiations with the residents, Council will not
have to take the proposed condemnation action and this agenda item can be eliminated.
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION DIRECTING
CONDEMNATION OF LANDS NEEDED TO ALLOW THE REPLACEMENT OF UTILITY SERVICES
TO CERTAIN PROPERTIES IN ROSEMOUNT.
COUNCIL ACTION:
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May 7, 1994
City of Rosemount
City Hall
Rosemount, MN 55068
Attn: Bud Osmundson
To Whom it May Concern:
My name is Lucille K. Fischer and I live at 145th St. W. here
in Rosemount. I have written to you folks before. All the
neighbors living on our street were very mueh opposed to a
boulevard for this block. We did not win this battle.
When I wrote before, I told you that most of us on this
street are old and unable to clean a sidewalk past our
homes . I also said you should furnish us with names of
anyone who would be willing to keep our sidewalks clean. Two
out of 5 homes are vacant in the winter month� so we would
have to make arrangements before we leave in October.
We want to request that the City of Rosemount continue cleaning
our sidewalks like they have been cleaning the bike trail .
Some years ago I was given the option of hading sidewalk
installed or a bike trail and I opted for the bike trail .
The bike trail has been m,aintained by the city and I have had
no information that angone fell into the street or had an
accident on account of the bike trail abutting the curb •
without a boulevard which you seem to think is a safety factor.
We maintain that a boulevard is only wher� sand and salt is
continually plowed onto it from the snow plow clearing the
street. Z think the salt and sand issue is another moot
point. When we came back this spring, we found loads of sand
put on the lawn. It is a mixture of sancl and salt so cannot
be put on any other area of our y�ard. So now what do we do with
it? I know this year it will be shoveled back into the street
once it is torn up.
This is an appeal to have our sidewalks maintained by the
City of Rosemount. Thank you for this consideration.
Sincerely yours ,
� `
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Lucille K. Fischer
3390 W. 145th St .
` CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOWTION 1994 -
A RESOLUTION DIRECTING CONDEMNATION OF LANDS
NEEDED TO ALLOW THE REPLACEMENT OF
UTIUTY SERVICES TO CERTAIN PROPERTIES
IN ROSEMOUNT
WHEREAS, the City Council of the City of Rosemount finds, with respect to the property
legally described in the proposed Easement No. 94-3, Exhibit "A" and described in the right-
of-entries Exhibit "B" and "C" attached to this resolution and referred to as "Properties", the
following:
1 . The Properties lays within the City of Rosemount;
2. The reconstruction of adjacent 145th Street and underlying utilities will begin on land
adjacent to the Properties in the next 60 days;
3. City of Rosemount Staff has determined that the most feasible and appropriate method
in providing utility service to the properties is across, under and thraugh the
Properties;
4. To date, efforts by Rosemount City officials to acquire rights to route the utility service
through the Properties have been unsuccessfuL
NOW, THEREFORE BE IT RESOLVED, by the Rosemount City Council as follows:
1 . The City Council determines that the reconstruction of 145th Street and the underlying
utilities are intended for public use and will benefit the public good;
2. The most feasible and sensible approach to providing �tility service to the Properties
is by constructing same across, under and through the Properties;
3. The reconstruction of 145th Street and utilities and the acquisition of easements on
the Property necessary to provide utility service to the Properties are improvements
for a public purpose, and will promote the general welfare of the City of Rosemount;
4. City Staff and the City Afitorney are authorized to negotiate on behalf of the City of
Rosemount, the acquisition of easements and right-of-entries on the Properties
necessary for the installation of utililties to serve the Properties;
5. If negotiations are not successful in the judgement of City Staff and the City Attorney,
the City Attorney is authorized and directed to proceed with acquisition of easements
and right-of-entries on the Properties for the reconstruction of 145th Street and
utilities by exercise of the power of eminent domain, which shall include the use of the
"quick take" provision contained in Minnesota Statutes §117.042.
ADOPTED this 17th day of May, 1994.
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against: '
� EXHIBIT "A"
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Schelen 300 Park Place Center 612-595-5775
Mayeron& 5775 Wayzata Boulevard 1-800-753-5775
Associates,�nc. n�ir,neapoi�s,MN 55416-1228 FAX 595-5774 EASEMENT NO. 943
City Project No. 245
PIN: 34 - 62850 - 014 - 41
OWNER Mary Moeller
3380 - 145th Street West
Rosemount, MN 55068
DESCRIPTION OF EASEMENT:
A permanent easement for utility purposes over, under, and across the west 5.00 feet af the
north 46.00 feet of Lot l, Block 1 RAHN'S ADDITION, according to the plat on file in the
office of the County Recorder, Dakota County, Minnesota.
Said permanent easement contains 230 square feet more or less.
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J:\4438.80\SURV�MISC�EASE94-3
NOTE: No laoundary survey worlc was peif'ormed u to tl�prxiu I hereby certIPy tfiat this survey.plan.or rrport was prepared by
locatian af this lract me or under my d[rect supervlsion and that I sm a duly Ucenscd
land surveyor under the lawa of t State of Tiinnesota.
3 �� y�
D. Art�c�,LS. Lic.No.11394 au
E�sEo�►2.x�s
Engineen • Architects • Planners • Surveyors
145TH STREET � WEST
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SCALE : 1" = 20 FEET
Orown By� Oate� omm.No. or�r Drawng Title EASEMENT SKETCH Sheet No.
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City Project No. 245
RIGHT OF ENTRY
The undersigned, owner of certain land in the City of Rosemount, a Minnesota
municipal corporation, does hereby consent and grant unto the City of Rosemount, its
agents and assigns, the right to enter upon and commence construction and all
activities required in connection therewith, for public utility purposes and driveway
reconstruction, over and across the property legally described as follows:
P. I. D. # 34-62850-010-01
Legal Description: Lot 1, Block 1 Rahn's Addition
OWNED BY: Mary Moeller
3380 145th Street West
It is further understood that this Waiver does not constit�te a waiver on behaif
of the owner to any claim for damages for the removal of trees, shrubs or the
acquisition of permanent easements over the above described property for the purpose
of public improvement by the City of Rosemount, its agents and assigns, and by the
general contractor. This right-of-entry expires on August 1, 1996
Dated this day of , 199 .
Mary Moeller
3380 145th Street West
Rosemount, MN 55068
STATE �F MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 199_, by
Notary Public
� r � �. �H��B�T �C� .
City Project No. 245
RIGHT OF ENTRY
The undersigned, owner of certain land in the City of Rosemount, a Minnesota
municipal corporation, daes hereby consent and grant unto the City of Rosemount, its
agents and assigns, the right to enter upon and commence construction and all
activities required in connection therewith, for public utility purposes and driveway
reconstruction, over and across the property legally described as follows:
P. I. D. # 34-03700-080-06
Legal Description: Auditor's Subdivision #1, pt of Lot 6 com 2235.5 ft W & 33 ft
N of cen sec 29 W 110 ft N 150 ft E 110 ft S 150 ft to the beginning
OWNED BY: John D. & Brandi K. Felstead
3395 145th Street West
It is further understood that this Waiver does not constitute a waiver on behalf �
of the owner to any claim for damages for the removal of trees, shrubs or the
acquisition of permanent easements over the above describedproperty for the purpose
of public improvement by the City of Rosemount, its agents and assigns, and by the
general contractor. This right-of-entry expires on August 1, 1996
Dated this day of , 199_.
John D. Felstead Brandi K. Felstead
3395 145th Street West 3395 145th Street West
Rosemount, MN 55068 Rosemount, MN 55068
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 199_, by
Notary Public