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Home My WebLink About8.b. Eminent Domain / Baptist Church � • � �� 'b- � *�*:�***:r**�t******�*****�*****�t�r�*�x******riEPiO*�****�*�********�r*****�****�*�***** DATE: AUGUST 31, 1988 T0: AIAYOR & COUNCILAtEP1BERS C/0 CITY ADPtINISTRATOR JILK �-j / FROPi: CITY ENGINE�R/PUBLIC WORKS DIRECTOR HEFT RE: ITEAtS FOR SEPTEPtBER 6, 1988 COUNCIL PIEETING OLD BUSINESS Initiate Eminent Domain Proceedin s for Utilit and Draina e Easements within lst Baptist Church Pzoperty The City recently received a letter from an attorney representing the l�t Bapti.st Church of Rosemount stating that the lst Baptist Ghurch doPs nat agree to our appraisals for the taking of utility and drainage easements wizhin thezr property. They are requesting that the City initiate eminent domain proceeclings for the purpase of determining the damages of the taking of those utility and dzainage easements. I am attaching the copy of ttie letter from the Church's attorney and also attached is a copy of the resolutian that will initiate the eminent domain proceedings. The City approached the Church for easements about two years ago. These easements were for the canstruction of sanitary sewer, force main and a lift station within the property. In addition to that we knew that we would eventually need an easement for the Hawl:ins Pond Imprc�vement Project, so we ' negotiated that easement at the same time. We ltave tiaci an a��r��isal done on al� the easements. Our appraisect v�ltie wr�s about $22,�()0 f�r ,1 i i t t le ovc�c- Cttc�c�r. acres of permanent and temporary easements. The lst BapYist Church has granted us all rights of entries for the past project 162, which consisted of installing the sanitary sewer, force main and lift station and also for the portion of ponding easement necessary for the Project 176, 1Iawkias Pond Dr.ainage Improvements. Action for Council to consider is to adopt tlie attached res�lution which authorizes the condemnation of utility anci draina�;P easement.s r�ver tl�e tst Baptist Church Property. r , � � BANNIGAN & KELLY, P.A. � � ATTORfJEYS AT LAW . . . � � . � . � � 403 MIDW63T FEpERAt BUiLDING 8tN ANO CEOAR SAtNT PAUL, MINNESOTA 55101 16121 824-3781 JONN F.BAMNIGAN,JR. JANET W![.E93K1 PATRIGK J.KEILY AUC,JUSt �L4� I98� �Eaw��aier�Nr Mr. Stephan Jilk Administrator/Clerk c/o Rosemount City Hall P.O. Box 510 2875 145th Street West Rosemount, MN 55068 Re: �'irst Baptist Church of Rosemount Dear Sir: This is to advise that the undersigned lawfirm has been retained by the First Baptist Church of Rosemount to represent it in ft's claim for damages arisir�g out of the taking of certain permanent and tem}�orary easements for road and utility purposes. Thank you for your concise statement of the City's position regarding it's proposed payment to the church #or the easements therein referenced. Damages proposed by the City have been faund to be unacceptabl.e to our client. Your proposal has been xeviewed by an' independent fee appraiser and found n�t reflective of the just compensation required bp the U.S. and Minnesota State Constitutions. . To that end, we respectively reque t on behalf of our client that the City initiate proeeedings in eminent domain fo�the sole purpose of deterrnfninq the damages arising out of the taking. With reference to the proposals to�specially assess the church for local public improvements, we respectively req est that in addition to sending mailed notice af any publie hearings thereon to the church, that you capy the undersigned. Respectively su mitted, BANNIG E LY .A. ' �i n F. Ba igan r, TFB:cd cc Len Reinhardt � �� B.B. Chapman ,� � � AU G � ,� 988 �LERl�'�`3 �.:1�='�lC� C17�✓�'" >,�:t��t�t}U�NT �i .. � � CITY OF ROSTPiOUNT ---- RESOLUTIQN - A RESOLUTI4N AUT��ORIZING C�NDEMNATZON OF UTILITIES AND DRAiNAGE EASEMENTS OVER 1ST BAFTIST GHURGI{ P�OPERTX WHEREAS, the City of Rosemaunt has determined that it 1S lt7 tlie public interest to acquire the property necessary for Gity Improvement Project No. 162, Country Hills Addition Trunks and City Improvement Project No. 176, Hawkins Pond Drainage Improvements. � NOW THEREFORE BE IT RESOLVED, by the Council of the City of Rosemount, Ptinnesota: I The City Attorney is hereby authorized and directed to acquire the property necessary for City Improvement Project No. 162 & 176 by eminent domain ! praceedings unless acquired by negotiation or otherwise before the proceedings are complete. ADOPTED by the Council this bth day of 5eptember, 1988. I --_ Rollan Hoke, tiayor ATTEST: Stephan Jilk, Administrator/Clerk I .__- I I ( , ,\