HomeMy WebLinkAbout5.e. Condemnation - Hampton DevelopmentCity of Rosemount -
Executive Summary for Action
City Council Meetinc Dates Deeember Is. 1992
Agenda Item:
Condemnation: Hampton
Development
Agenda Sections
OLD BUSINESS
Prepared By:
Lisa Freese
Agend M # 5E
Director of Planning
Attachments:
Public Right -of -Way
Approved By:
Acquisition
Shannon Pond
and Purchase Agreement;
Proposed Preliminary Plat;
West Ridge PUD; and Location Map.
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At the November 24, 1992 Special City Council Meeting, Mayor McMenomy
requested re -consideration of the City's position regarding the
condemnation of the property for Shannon Pond planned unit
development. Consideration of this item was tabled because of the
absence of the City Attorney to respond to Mayor McMenomy's concerns
regarding the quality of the City's position on this matter.
Due to City Attorney Mike Miles' illness, he will not be in attendance
at this meeting. Another attorney from his law firm, Shawn Moynihan,
is being briefed on this issue by the Planning and Public Works
Departments.. Mr. Moynihan will be present at the City Council Meeting
on Tuesday to `respond to any concerns regarding the doctrine of public
purpose as it pertains to this particular issue.
Attached you also find the right-of-way acquisition and purchase
agreement that the City Attorney has drafted in response to the
November 3, 1992 decision by the City Council to proceed with
condemnation. The developers, Jim Allen and Gary Berquist, are
prepared to enter into this agreement if the Council chooses to
proceed.
Recommended action: A MOTION to authorize execution of the
Right -of -Way Acquisition and Purchase Agreement.
City Council Action:
Public Right -of -Way Acquisition
and
Purchase Agreement
Tm AGREEMENT is made between the CITY OF ROSEMOUNT, MINNESOTA
(hereinafter referred to as "CITY") and HAMPTON DEVELOPMENT CORPORATION, 12433
Princeton Avenue, Savage, MN 55378, (hereinafter referred to as "HAMPTON").
RECITALS:
1. HAMPTON has proposed to the CITY the development of a tract of land, the legal
description of which is as follows:
Property Description Phase 1: That part of the Southwest Quarter (SW's
of Section 31, Township 115, Range 19, Dakota County, Minnesota described
as follows: Commencing at the southeast corner of the plat of WEST RIDGE
SECOND ADDITION, Dakota County, Minnesota; thence North 36 degrees 00
minutes 00 seconds West (assumed bearing) along the easterly line of said
plat a distance of 108.11 feet; thence continuing along said easterly
line along a tangential curve concave to the east having a radius of
188.59 feet a central angle of 18 degrees 24 minutes 36 seconds an arch
length of 60.59 feet to the point of beginning of the land to be
described; thence continuing northerly along said curve a central angle
of 46 degrees.03 minutes 24 seconds an arc length of 151.60 feet; thence
North 28 degrees 28 minutes 00 seconds East tangent to said curve a
distance of 36.17 feet thence west along the northerly line of said plat
a distance of 385.76 feet; thence North 29 degrees 33 minutes 00 seconds
East along said plat a distance of 57.61 feet; thence North 60 degrees 27
minutes 00 seconds West along said northerly plat line a distance of
175.00 feet to the easterly right-of-way line of Danville Avenue as
platted; thence northerly along said easterly right-of-way line to the
northeast corner of the plat of WEST RIDGE THIRD ADDITION; thence on a
bearing of North along the northerly extension of the east line of said .
plat a distance of 119.90 feet; thence South 89 degrees 48 minutes 49
seconds East a distance of 119.90 feet; thence North 69 degrees 36
minutes 11 seconds East a distance of 112.64 feet; thence northerly along
a nontangential curve concave to the west having a radius of 308.81 feet
a central angle of 22 degrees 59 minutes 58 seconds a chord bearing of
North 11 degrees 41 minutes 10 seconds East a distance of 123.96 feet;
thence North 00 degrees 11 minutes 11 seconds East a distance of 369.75
feet more or less to the north line of said Southwest Quarter (SWW ;
thence easterly along said north line to the northeast corner of said
Southwest Quarter (SWIX); thence southerly along the east line of said
Southwest Quarter (SW3n a distance of 368.80 feet; thence southwesterly
along a tangential curve concave to the northwest having a radius of
452.59 feet a central angle of 20 degrees 42 minutes 30 seconds an arc
length of 163.58 feet; thence southwesterly tangent to said curve a
distance of 36.22 feet; thence southerly along a tangential curve concave
to the .east having a radius of 587.32 feet a central angle of 20 degrees
42 minutes 30 seconds an arc length of 212.27 feet; thence South 00
degrees 28 minutes 30 seconds West tangent to said curve and parallel
with said East line a distance of 58.00 feet; thence North 83 degrees 37
minutes 14 seconds West a distance of 93.86 feet; thence North 83 degrees
48 minutes 53 seconds West a distance of 341.00 feet; thence North 89
degrees 45 minutes 45 seconds West a distance of 60.22 feet; thence North
82 degrees 40 minutes 58 seconds West a distance of 115.00 feet; thence
North 72 degrees 14 minutes 15 seconds West a distance of 5.55 feet;
thence South 19 degrees 03 minutes 52 seconds West a distance of 261.00
feet; thence South 33 degrees 41 minutes 49 seconds West a distance of
303.94 feet; thence South 31 degrees 47 minutes 15 seconds East a
distance of 107.00 feet; thence South 71 degrees 44 minutes 48 seconds
East a distance of 71.47 feet; thence South 42 degrees 47 minutes 21
seconds East a distance of 96.18 feet; thence South 21 degrees 48 minutes
05 seconds West a distance of 259.26 feet to the intersection with a line
drawn North 74 degrees 48 minutes 53 seconds East from the point of
beginning; thence South 74 degrees 48 minutes 53 seconds West a distance
of 262.18 feet to the point of beginning.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT: Beginning at the
northeast corner of the Southwest Quarter (SWIAI) of said Section 31;
thence southerly along the east line of said Southwest Quarter (SWI,) a
distance of 368.80 feet; thence southwesterly along a tangential curve
concave to the northwest having a radius of 452.59 feet a central angle
of 16 degrees 33 minutes 43 seconds an arc length of 130.83 to a point
hereinafter referred to as POINT A; thence continuing southwesterly
along said curve with a central angle of 04 degrees 08 minutes 47 seconds
an arc length of 32.75 feet; thence southwesterly tangent to said curve a
distance of 36.22 feet; thence southerly along a tangential curve concave
to the east having a radius of 587.32 feet a central angle of 06 degrees
41 minutes 42 seconds an arc length of 68.63 feet; thence westerly
parallel with the north line of said Southwest Quarter (SW'4 a distance
of 151.66 feet; thence northerly at right angles to the intersection with
a line drawn westerly parallel with said north line from the above
referenced POINT A; thence westerly parallel with said north line a
distance of 532.22 feet; thence northerly to a point on said north line
distant 750.00 feet west of the northeast corner of said Southwest
Quarter (SWln ; thence easterly along said north line a distance of 750.00
feet to the point of beginning.
- and -
Property Description Phase 2: That part of the Southwest Quarter (SWlA of
Section 31, Township 115, Range 19, Dakota County, Minnesota described as
follows: Commencing at the northeast corner of said Southwest Quarter
(SWln ; thence southerly along the east line of said Southwest Quarter
(SWln a distance of 368.80 feet; thence southwesterly along a tangential
curve concave to the northwest having a radius of 452.59 feet a central
angle of 20 degrees 42 minutes 30 seconds an arc length of 163.58 feet;
thence southwesterly tangent to said curve a distance of 36.22 feet;
thence southerly along a tangential curve concave to the east having a
radius of 587.32 feet a central angle of 20 degrees 42 minutes 30 seconds
an arc length of 212.27 feet; thence South 00 degrees 28 minutes 30
seconds West tangent to said curve and parallel with said east line a
distance of 58.00 feet to the point of beginning of the land to be
described; thence North 83 degrees 37 minutes 14 seconds West a distance
of 93.86 feet; thence North 89 degrees 48 minutes 53 seconds West a
distance of 341.00 feet; thence North 89 degrees 48 minutes 45 seconds
West a distance of 60.22 feet; thence North 82 degrees 40 minutes 58
seconds West a distance of 115.00 feet; thence North 72 degrees 14
minutes 15 seconds West a distance of 5.55 feet; thence South 19 degrees
03 minutes 52 seconds West a distance of 261.00 feet; thence South 33
degrees 41 minutes 49 seconds West a distance of 303.94 feet; thence
South 31 degrees 47 minutes 15 seconds East a distance of 107.00 feet;
thence South 71 degrees 44 minutes 48 seconds East a distance of 71.47
feet; thence South 42 degrees 47 minutes 21 seconds East a distance of
96.18 feet; thence North 83 degrees 40 minutes 16 seconds East a distance
of 84.23 feet; thence South 40 degrees 36 minutes 05 seconds East a
distance of 553.17 feet; thence South 76 degrees 50 minutes 14 seconds
East a distance of 264.45 feet; thence northerly along a nontangential
curve concave to the west having a radius of 3779.72 feet a central angle
of 00 degrees 00 minutes 15 seconds a chord bearing of North 03 degrees
09 minutes 39 seconds West a chord length of 0.28 feet; thence North 03
degrees 09 minutes 39 seconds West a distance of 388.27 feet; thence
along a tangential curve concave to the east having a radius of 3859.72
N
feet a central angle of 03 degrees 38 minutes 09 seconds an arc length of
244.93 feet; thence North 00 degrees 28 minutes 30 seconds East tangent
to said curve a distance of 493.53 feet to the point of beginning.
2. The CrrY has determined that, as a matter of public policy, the development
should not proceed unless certain tracts (hereinafter referred to as °TRAcTs") are incorporated
into the proposed development. The public policy to be served by the incorporation of the
TRACTS is to avoid the existence of permanent, undevelopable outlots in the MY. The TRACTS
which must be incorporated are legally described as follows:
Tract 1•
That part of the Southwest Quarter (SWA4 of Section 31, Township 115,
Range 19, Dakota County, Minnesota described as follows: A strip of land
120.00 feet in width lying 60.00 feet to the left and 60.00 feet to the
right of the following described line:
Commencing at the northwest corner of Lot 1, Block 3, WEST RIDGE SECOND
ADDITION; thence North 29 degrees 33 minutes 00 seconds East assumed
bearing along the northeasterly extension of the westerly line of said
Lot 1, a distance of 200.00 feet to the point of beginning of the line to
be described; thence South 60 degrees 27 minutes 00 seconds East a
distance of 130.00 feet; thence southeasterly along a tangential curve to
the left which is concave to the northeast having a radius of 446.94 feet
a central angle of 22 degrees 46 minutes 14 seconds an arc length of
177.62 feet; thence South 83 degrees 13 minutes 14 seconds East tangent
to said curve a distance of 29.06 feet; thence southeasterly along a
tangential curve to the right having a radius of 469.85 feet a central
angle of 21 degrees 41 minutes 14 seconds an arc length of 177.84 feet a
central angle of 21 degrees 41 minutes 14 seconds an arc length of 177.84
feet; thence South 61 degrees 32 minutes 00 seconds East tangent to said
last described curve a distance of 60.00 feet to "POINT All and there
terminating.
- and -
Tract 2:
That part of the Southwest Quarter (SWln of Section 31, Township 115,
Range 19, Dakota County, Minnesota described as follows: Beginning at
the northeast corner of the plat of WEST RIDGE THIRD ADDITION, Dakota
County, Minnesota; thence on an assumed bearing of North along the
northerly extension of the east line of said plat a distance of 119.90
feet; thence South 89 degrees 48 minutes 49 seconds East a distance of
119.90 feet; thence North 69 degrees 36 minutes 11 seconds East a
distance of 112.64 feet; thence northerly along a nontangential curve
concave to the west having a radius of 308.81 feet a central angle of 22
degrees 59 minutes 58 seconds a chord bearing of North 11 degrees 41
minutes 10 seconds East an arc length of 123.96 feet; thence North 00
degrees 11 minutes 11 seconds East a distance of 369.75 feet to the north
line of said Southwest Quarter (SWk ; thence westerly along said north
line a distance of 30.00 feet; thence South 00 degrees 11 minutes 11
seconds West a distance of 369.75 feet; thence along a tangential curve
concave to the west having a radius of 278.81 feet a central angle 23
degrees 26 minutes 19 seconds an arc length of 114.06 feet; thence along
a nontangential curve concave to the south having a radius of 282.77 feet
a central angle of 15 degrees 47 minutes 47 seconds a chord bearing of
North 81 degrees 54 minutes 55 seconds West a chord length of 77.71 feet;
thence North 89 degrees 48 minutes 49 seconds West tangent to said last
described curve a distance of 180.10 feet; thence on a bearing of South a
distance of 180.10 feet to the north line of said plat of WEST RIDGE
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THIRD ADDITION; thence East along said north line a distance of 60.00
feet to the point of beginning.
3 HAMPTON has attempted to acquire the TRACTS described in paragraph 2 above, .
and, despite good faith efforts to do so, has been unable to make the acquisition. HAMPTON
also warrants that future negotiations to acquire the TRACTS by direct purchase will be futile.
4. The CrrY has concluded that the development should proceed and that the CrrY
should exercise its eminent domain power in order to serve the public purpose of fully
developing the tract of land described in paragraph 1 above.
Now, THEREFORE, the parties agree as follows:
I. DUTIES OF THE CITY.
A. Property Acquisition. The MY will exercise its eminent domain authority to
acquire the TRACTS. The MY will proceed with condemnation of the TRACTS as soon as
reasonably practicable.
B. Sale to HAMPTON. Following acquisition of the TRACTS, the CITY will offer
same to HAMPTON at a price equal to the total price paid by the MY for the TRACTS plus any
related expenses incurred during acquisition, including but not limited to costs of appraisals,
attorneys fees, and court costs.
II. DUTIEs OF HAMPTON
A. Cooperation During Condemnation Proceedings . At all times during the
eminent domain proceedings undertaken by the MY regarding the TRACTS, HAMPTON shall
provide any and all reasonable assistance requested by the MY. Such assistance shall include
being available for conferences and meetings with the MY, the sharing of any and all
documents regarding the proposed development of the TRACTS, and other efforts by HAMPTON
which will facilitate the My's acquisition of the TRACTS.
B. Purchase of the TRACTS. Upon the CITY'S acquisition of the TRACTS,
HAMPTON shall, immediately upon the CrrY's request,' tender funds sufficient to acquire the
TRACTS and pay for the CrrY's cost in accordance with the provisions of paragraph IB.
4
C. Security. As evidence of HAMPTON's intent to purchase the TRACTS, it shall,
prior to the execution of this Agreement, provide a bond or letter of credit in the amount of
$50,000.00 conditioned that HAMPTON will forfeit said amount unless it purchases the TRACTS
if tendered under paragraph IB by CITY.
III. TERMINATION OF CONDEMNATION PROCEEDINGS.
If, for any reason, the CITY unilaterally determines that it will not proceed with or
voluntarily decides to abandon the condemnation proceedings described in this Agreement, this
Agreement shall become null and void and neither party will owe any further obligation to the
other. In such event, HAMPTON shall not be responsible for any costs associated with the
condemnation proceedings incurred by the CITY.
If HAMPTON --is able to negotiate a purchase agreement with the current owners of
the TRACTS during the pendency of the condemnation proceeding, HAMPTON shall provide
written notice to CITY and eminent domain proceedings shall be terminated. In this event,
HAMPTON shall pay all condemnation costs incurred by CITY up to the date of the CITY'S
receipt of notice from HAMPTON.
In the event, however, that a Court of competent jurisdiction determines at any
point in the eminent domain process that the CITY is not authorized to acquire the TRACTS
under its condemnation authority, HAMPTON shall be responsible for payment of the CITY'S
costs regarding the condemnation incurred up to and including the date of the Court's
determination.
IV. ADMINISTRATIVE PROVISIONS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the State of
B. Binding Effect. This Agreement shall inure to and be binding upon the
parties' heirs, assigns, and successors in interest.
C. Amendments. This Amendment may only be amended in writing by the
parties to this Agreement.
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D. Effective Date. This Agreement shall be effective on , 19_,
and shall remain in effect until the provisions of the Agreement have been fulfilled.
E. Notices. Any notices with respect to this Agreement shall be sent to the City
at: City of Rosemount, 2875 145th Street West, P.O. Box 510, Rosemount, MN 55068-0510,
and to HAMPTON DEvELOPMENT CORPORATION, 12433 Princeton Avenue, Savage, MN
55378.
IN WrrNEss WHEREOF, the parties have executed this Agreement intended to
be bound thereby.
CrrY OF RosElviouw, a Minnesota
municipal corporation
By:
E.B. McMenomy, Mayor
HAM"ON DEVELOPMENT CORPORATION
By:
Its:
By: By:_
Stephan A. Jilk, City Administrator Its:
Drafted By:
Michael Miles
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