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Home My WebLink About7.c. Consideration of Condemnation Resolution for Armory PropertiesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION PORT AUTHORITY COMMISSION MEETING DATE: JANUARY 5, 1993 AGENDA ITEM: CONSIDERATION OF CONDEMNATION AGENDA SECTION: RESOLUTION FOR ARMORY PROPERTIES NEW BUSINESS PREPARED BY: AGENDA NO. t7 JOHN MILLER, ECONOMIC DEVELOPMENT COORDINATOR ATTACHMENTS: AOVER BY: RESOLUTION 1993-2 The owners of the parcels of land known locally as "the Armory Properties" have not entered into active negotiations regarding the sale of their land. The land will be needed for drainage purposes by May 1, 1993. In the event that negotiations for the sale are not successful, then a "quick take" condemnation will be necessary. To maintain this option a resolution directing special counsel Lindquist and Vennum to commence eminent domain proceedings is needed. Resolution 1993-2 is attached for your consideration. RECOMMENDED ACTION: Motion to approve Resolution 1993-2, "A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN", for the parcel of land known as the "Armory Properties". PORT AUTHORITY ACTION: CITY OF ROSEMOUNT PORT AUTHORITY DAKOTA COUNTY, MINNESOTA RESOLUTION 1993-2 A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN WHEREAS, Minnesota State Statutes 469.048 to 469.068 authorize the Rosemount Port Authority to acquire property under eminent domain within the Port District; and WHEREAS, the Rosemount Port Authority finds, with respect to the property legally described on Exhibit A attached hereto (the "Property"), the following: 1. The Property lies within the Port District for the Rosemount Port Authority; 2. Acquisition of the Property will promote the general welfare of the Port District; 3. Construction of a National Guard Armory has begun on land adjacent to the Property. The National Guard Armory, which will house National Guard Headquarters, a community center and an ice skating arena will be open to public use and benefit the public good; 4. Acquisition of the Property is necessary because, as a result of construction of the National Guard Armory and related run-off and pursuant to requirements of the watershed district acting in accordance with the Minnesota Watershed Act, Minn. Stat. § 112.34 et sect., existing structures must be removed and the Property must be used as a drainage retention pond; 5. Immediate possession of the Property is necessary to ensure timely compliance with watershed district requirements; and 6. Compensation to owners for acquisition of the Property will be paid from the Port Authority budget, which is funded in accordance with Minn. Stat. § 469.053; WHEREAS, immediate acquisition of the Property under eminent domain is necessary, for a proper public purpose and consistent with the powers and duties granted to the Rosemount Port Authority under Minn. Stat. § 469.048 to 469.068; NOW, THEREFORE BE IT RESOLVED, that the City Attorney is directed to commence eminent domain proceedings to acquire the Property, and is specifically directed to implement the "quick -take" procedures set forth in Minn. Stat. § 117.042. ADOPTED this 5th day of January, 1993. Ed Dunn, Chairperson PORT AUTHORITY RESOLUTION 1993-2 PAGE 2 ATTEST: Stephan Jilk, Its Executive Director Motion by: Voted in favor: - Voted against:_ Seconded by: LEGAL DESCRIPTIONS OF HIGHWAY 3 ARMORY PROPERTIES MONK PROPERTY SECTION 20 TWN 115 RANGE 19 PT OF S 1/2 OF SW 1/ COM INT W R/W STH #3 & LINE PARR WITH & 1-1/2 RDS N OF S LINE N 16D OM 28S E ON R/W 129 FT TO BEG N 73D 59M 32S W 123.80 FT N 16D OM 28S E PARR HGWY R/W 216.33 FT E PARR S LINE 130 FT TO W R/W HGWY S 16D OM 28S W ON R/W 256 FT TO BEG BATTAGLIA PROPERTY SECTION 20, TOWNSHIP 115, RANGE 19, PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/ , COMMENCING THE INTERSECTION WITH THE RIGHT OF WAY OF STATE HIGHWAY #3, IN A LINE PARALLEL WITH AND 1 & 1/2 RODS NORTH OF THE SOUTH LINE, NORTH 16 DEGREES, 0 MINUTES, 28 SECONDS EAST, ON THE WEST RIGHT OF WAY 54 FEET TO BEGINNING, CONTINUING ON RIGHT OF WAY 75 FEET NORTH, 73 DEGREES, 59 MINUTES, 32 SECONDS WEST, 123.80 FEET SOUTH, 16 DEGREES, 0 MINUTES, 28 SECONDS WEST, PARALLEL TO THE HIGHWAY, 75 FEET SOUTH AT 73 DEGREES, 59 MINUTES, 32 SECONDS EAST, 123.80 FEET TO BEGINNING TOURDOT PROPERTY SECTION 20, TOWNSHIP 115, RANGE 19, PART OF THE SOUTH '/2 OF THE SOUTHWEST 1/ , BEGINNING AT THE INTERSECTION WITH THE RIGHT OF WAY OF HIGHWAY #3, IN A LINE PARALLEL WITH AND 1 & 1/2 RODS NORTH OF THE SOUTH LINE, WEST 130 FEET, NORTH 16 DEGREES, 0 METERS, 28 SECONDS EAST, PARALLEL WITH THE RIGHT OF WAY OF HIGHWAY 93.67 FEET SOUTH, 73 DEGREES, 59 METERS, 32 SECONDS EAST, 123.80 FEET TO THE WEST RIGHT OF WAY OF HIGHWAY, SOUTHWEST ON RIGHT OF WAY 54 FEET TO BEGINNING FROM LINDQUIS%VENNUM 12,30,1992 10:40 NO, 4 P. 2 ... CXTV or 4081190UNT i BOLCTXION 1993 A RBSOLUTXOW AVTH0RXZINQ THE V313 OV EMIMLNT DOXAXN WHEREAS, Minn.....Sta.t.. §§ 469.048. to 469.068 authorize the Rosemount Pork Authority to acquire property under eminent domain within the Port Districtg and _....._..._............... WHEREAS, the Rosemount Port Authority finds, with respect to the property legally.described on Exhibit A attached hereto (the "Property"), the following; g; 1. The Property lies within the Part District for the Rosemount Port .Authority T .... 2. Acquisition of the Property will promote the general welfare of the Peart District; 3. Construction of a National Guard Armory has begun on land adjacent to the Property. The National Guard Armory, which will house:National Guard Headquarters, a community center and an ice slating arena will be open to public use and benefit the publics good= 4. Acquisitions o.f the Property is necessary because, as a result of c6nstruction of the National Guard Armory and related run7�aff and pursuant to requirements of the watershed district acting in accordance with the Minnesota.watersh.ed Act, Minn. Stat. § 112.34 et sea., existing structures must be removed and the Property must be user, ;as a drainage retention pond; S. Immediate possession of the Property is necessary to ensure timoly compliance with watershed district requirement0t and 6. compensation to owners for acquisition of the Property will be paid from the Fort Authority budget, which is funded in a.ocordance with Minn. Stat. § 469.053; MNEREAS, immediate acquisition of the Property under eminent domain is necessary, ior'a} proper public purpose and consistent with the powers and duties granted to the Rosemount Port Authority under X.inn. '5tat. §§ 469.040 to 469.068; FROM LINDOUISTHENNUM 12,30,1992 10,41 NO, 4 P. 3 NOW, THEREFORE 4, ZZ XT. RESOLVED thAt the city Attorney is directed to commence -eminent domain paoceedings to acquire the Property, and is specifically directed to implement the "quick - take" procedures set forth inMinn'. Stat. 9 117.043. J. .l1Dt PTSD this 5th'. day of January, 1993, at a► regular meeting of the Rosemount Po rt: Aixthority, a. development agency. 1 person ATTEST: Executive DirectorM Motion by., Second by: Voted in favor: Voted against: