HomeMy WebLinkAbout2011-01-05 PACKET 13.A. (ADOPTED IN OPEN MEETING)• 'r \ j'
WHEREAS, the City of Cottage Grove ( "City ") is a municipal corporation organized and
operating under Minnesota law, and is authorized by law to acquire private property for an
authorized public purpose, using the procedure prescribed by Minnesota Statutes, Chapter
117; and
WHEREAS, the City has undertaken a project known as the West Point Douglas Road
Extension Project (the "Project "); and
WHEREAS, the Project involves constructing right of way and placement of culverts and
associated erosion protection methods; and
WHEREAS, the City has identified the need to acquire permanent and temporary
easements over the real property, as described on the attached Exhibit A (the "Easements ")
for purposes of the Project; and
WHEREAS, in order to meet the acquisition deadline for funding purposes, it is
necessary for the city to acquire title to and possession of the Easements in accordance with
Minnesota Statutes §117.042; and
WHEREAS, the City has obtained an appraisal from an independent appraiser licensed
by the State of Minnesota, to estimate the damages that will result to the affected property as a
result of the acquisition of the Easements; and
WHEREAS, the City has negotiated in good faith with the owner of the affected property
but has been unable to reach a mutual agreement regarding the compensation to be paid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COTTAGE GROVE, MINNESOTA, AS FOLLOWS:
1. Acquisition by the City of the Easements described on Exhibit A is necessary,
convenient and reasonable for the purpose of constructing the Project.
2. The City Council deems it necessary in order to meet the anticipated funding and
construction schedule for the Project to acquire title to and possession of the
Easements prior to the filing of a final report of commissioners, in accordance with
Minnesota Statutes § 117.042.
3. The City Council approves the amount of $328,300 as just compensation for the
Easements to be acquired.
4. The City Attorney is authorized and directed on behalf of the City to acquire the
Easements as described on Exhibit A for the Project by the exercise of the power
of eminent domain pursuant to Minn. Stat. Chapter 117, and is specifically
authorized to notify the owners of the City's intent to take possession pursuant to
Minn. Stat. § 117.042.
5. The City Attorney and city staff are further authorized to take all actions
necessary and desirable to carry out the purposes of this resolution.
Adopted by the City Council of the City of Cottage Grove, Minnesota, this 5th day of
January, 2011.
Myron Bailey, Mayor
ATTEST:
Caron Stransky, City Clerk
2
EXHIBIT A
Legal Descriptions of Easements
That part of Tract A, REGISTERED LAND SURVEY NO. 41, Washington County,
Minnesota, described as follows:
Commencing at the southeast corner of the Southeast Quarter of Section 36, Township
027, Range 21, said Washington County, Minnesota; thence North 00 degrees 12
minutes 19 seconds East, 739.21 feet; thence North 89 degrees 47 minutes 41 seconds
West, 419.26 feet to the southwesterly right of way line of U.S. Highway 10 & 61, per
Book 232, page 615, said Washington County, and the point of beginning; thence South
59 degrees 12 minutes 55 seconds West, 78.78 feet; thence southwesterly, southerly,
and southeasterly 269.57 feet along a tangential curve concave to the northeast having
a radius of 140.00 feet and central angle of 110 degrees 19 minutes 27 seconds; thence
North 10 degrees 27 minutes 38 seconds West, tangent to last described curve 217. 69
feet; thence northwesterly along a tangential curve concave to the southwest having a
radius of 260.00 feet and central angle of 36 degrees 51 minutes 53 seconds; thence
North 47 degrees 19 minutes 31 seconds West, tangent to last described curve 56.14
feet to the northwest line of said Tract A; thence North 43 degrees 38 minutes 30
seconds East, along said northwest line of Tract A, 63.03 feet to the intersection of the
most northerly corner of said Tract A and said southwesterly right of line of U.S.
Highway 10 & 61; thence southeasterly, northeasterly and southeasterly along said
southwesterly right of way line to the point of beginning.
Said area contains ±86,336 square feet.
PERMANENT DRAINAGE & UTILITY EASEMENT
A 20.00 foot permanent easement for drainage and utility purposes over, under, and
across that part of Tract A, REGISTERED LAND SURVEY NO. 41, Washington County,
Minnesota, lying 20.00 feet southwesterly of the following described line:
Commencing at the southeast corner of the Southeast Quarter of Section 36, Township
027, Range 21, said Washington County, Minnesota; thence North 00 degrees 12
minutes 19 seconds East, 739.21 feet; thence North 89 degrees 47 minutes 41 seconds
West, 419.26 feet to the southwesterly right of way line of U.S. Highway 10 & 61, per
Book 232, page 615, said Washington County, and the point of beginning of the line to
be described; thence southeasterly along said southwesterly right of way line, 107.15
feet and said line there terminating.
Said permanent drainage & utility easement contains ±2,127 square feet.
I'.1111111
TEMPORARY CONSTRUCTION EASEMENT
A temporary easement for construction purposes over, under, and across that part of
Tract A, REGISTERED LAND SURVEY NO. 41, Washington County, Minnesota,
described as follows:
Commencing at the southeast corner of the Southeast Quarter of Section 36, Township
027, Range 21, said Washington County, Minnesota; thence North 00 degrees 12
minutes 19 seconds East, 739.21 feet; thence North 89 degrees 47 minutes 41 seconds
West, 419.26 feet to the southwesterly right of way line of U.S. Highway 10 & 61, per
Book 232, page 615, said Washington County; thence South 59 degrees 12 minutes 55
seconds West, 20.01 feet to the point of intersection with a line drawn 20.00 feet
southwesterly of said southwesterly right of way line of U.S. Highway 10 & 61 and the
point of beginning; thence continuing South 59 degrees 12 minutes 55 seconds West,
58.77 feet; thence southwesterly 39.10 feet along a tangential curve concave to the
northwest having a radius of 140.00 feet and central angle of 16 degrees 00 minutes 06
seconds; thence South 30 degrees 47 minutes 05 seconds East, not tangent to last
described curve, 35.42 feet; thence North 59 degrees 12 minutes 55 seconds East,
96.21 feet to point of intersection of said line drawn 20.00 feet southwesterly of the
southwesterly right of way of U.S. Highway 10 & 61; thence northwesterly along said
line to the point of beginning.
Said temporary construction easement contains ±2,974 square feet.
B -1
WHEREAS, the City of Cottage Grove ( "City ") is a municipal corporation organized and
operating under Minnesota law, and is authorized by law to acquire private property for an
authorized public purpose, using the procedure prescribed by Minnesota Statutes, Chapter
117; and
WHEREAS, in 2007 the City undertook a project to extend utilities through property
owned by McHattie Farms, Inc. in order to provide utility services for developments in the
vicinity of the McHattie Farms property (the "Project'); and
WHEREAS, the City entered into an Agreement dated July 30, 2007 with McHattie
Farms, Inc., a Minnesota corporation ("McHattie") for the acquisition of easements required for
the Project (the "Agreement'); and
WHEREAS, pursuant to the Agreement, McHattie agreed to grant the required
easements reserving the right to compensation to be determined as follows:
If the final plat is not approved by August 1, 2008, the City shall purchase the Easement
from McHattie. The City will have the Easement appraised. If an agreement cannot be
reached concerning the value, the City will follow all requirements of Minnesota Statutes
Chapter 117; and
WHEREAS, the final plat contemplated by the Agreement was not approved by August
1, 2008, due to the developer's abandonment of the proposed development; and
WHEREAS, the City has obtained an appraisal of the damages caused by the
easements; and
WHEREAS, the City has negotiated in good faith with McHattie Farms, Inc. but has not
been able to reach agreement concerning the compensation to be paid for the Easements; and
WHEREAS, in order to determine the compensation to be paid, it is necessary for the
city to commence an eminent domain proceeding in accordance with Minnesota Statutes,
Chapter 117.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COTTAGE GROVE, MINNESOTA, AS FOLLOWS:
1. Acquisition by the City of the Easements described in Exhibit A is necessary,
convenient and reasonable for the purpose of constructing the Project.
I
2. The City Attorney is authorized and directed on behalf of the City to acquire the
Easements as described on Exhibit A for the Project by the exercise of the power
of eminent domain pursuant to Minn. Stat. Chapter 117, and is specifically
authorized to notify the owners of the City's intent to take possession pursuant to
Minn. Stat. § 117.042.
3. The City Attorney and city staff are further authorized to take all actions
necessary and desirable to carry out the purposes of this resolution.
Adopted by the City Council of the City of Cottage Grove, Minnesota, this 5th day of
January, 2011.
Myron Bailey, Mayor
ATTEST:
Caron Stransky, City Clerk
N
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Description of McHattie Property:
T k.A+. rA:
Thatpart 0fthtWee, HaLror Inc Nor(hwest Quattas ofStttitnn 3 dmoiir vd as fallowr,
Beginning atapohx at thoemtertiue of CooutyRwdiao. 20,. glad pointwzg368.01
feat Wass aced 968,45 fete Sougi of tht Northeast oomtr o f ft Wmt Half of eke
MOrth' wtsi riveter thtece South 39 doRrm 8 mhuitaA Wcst porpt dicnlar to :EA
etnt0elinc of County Road 4o, 20, a distanoe of272.25 foci teas iron stare; thence
Borth 50 dwees 51minatrs Ar"Patsitd with fiat oeawriltof Road No,
20, a distance of 160 fen to anirm soak; tnanca NQZW39 deg;ces 8 n1knrtes Eels
Pathild with the ButorEg fig of this tract 29225 feat to tko cthtctlino of County
Rand - 80.20; fhmce South S0 dcVoct 5'.1 aliattcx Eaat 450 iFtt a`tungtFnt ooatttiivto
of Corwty CO a d 1400 20 to tarepn€ataf Uzi mulog,%RasbiaZaa Coanty, Afaurresata.
Costtainiag 1.00 acute (including 0.12 acres lying in Right of Way of Military Road),
momorlm, -
IRACZ II:
Tsut part Of fo West Half of the Northwes Qrrorar of Suction .3 lyingBasfcrty of
lamoko Ave u c, except that pottlon [PAC Nmtheaatvly ofCautry Read No. 20; amt
except sleatpan described as ftstlOw :: Begbrn +rg at a p0imt at ibc eervter7irrs o °. Cot+nty
R-1sd No.20, Mid PhnbtiW368.01 fireaWat and 968.45 feet S€uthoftito
R'0rt#ztast corntraf tit WenHatf of the Nwa'wut Q,,odtr; tttsrtz ®Sarvfh 39 de(rtes.
& ronowts Wort perpasdioutar TO the eetstcriine of County RustiNO. 20, a d8atatrat of
277-25 fad to an irm stake; tltenotNorth 50deg m 51 min ha Wcst pamIld WWI
the centelint of cowry Road No. 20, a distance of 160 kato on hots stak% %ume
North 39 dV= 8 a rims es'$srtpars3j wish t8a pamdy Rue ofthh "Cl272.25 fret
to the centerline of oty Road No, 20; theuoe South 50 ftr=s 51 minutes Hass 160
fed along thaet L dinoofCoaay mad No. 20tothb point o €beginning.Washington
County, K'wrmom.
Containing 4MO, ¢eves {imWing 2dop aa.S 1ySag its Rt57sl of 67ay oCt ✓ilttarl' Raadj,
:nose or 1cas.
!
That prat of zee NOrtbwtst QvWrs of the SunthwCA Qawftr afSedim3 lying
SasnxfyoflataaicaAwime1aTOvisehip27 Not* Pa gc2tWest,Waslungasn
County, hrmatwta,
Conmihine 30.61 accts, awle ar feat.
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Description of Easements to be Acquired:
A 100.00 fo t emporar
ycousn o,
under, a easement and a 30,00 fbot Pfnnallcln MilitY easement aver,
nd across the follewing described Property:
That part of dic N
. t Q uarter and the
2 Washi C ounty, '%fjrmesot&
Said temporary construction easement being 60.00 feet to the right and 40.00 feet t t ft
following described line, and said permanent casement being 15.00 feet on Ile to )f the
following described line: each side of the
Commencing at the W est Quarter corner of said Section 3; dicace worth 01 d egrees 0'1 minutes 08
seconds Fast, assumed bearing along the west line of said Northwest Quarter, 782.59 foot, th ence
South 86 degrees 28 minutes 48 seconds East, 49,92 feet to the point of beg inning Of the line to be
described; thence continuing South 96 degrees 28 minutes 49 seconds Eas feet; then
South 68 degrees 10 minutes 56 seconds East, 196,91 feet; thence South 41 degrees 05 mi j 0
seconds East, 325. feet; thence South 29 degrees 46 minutes 38 seconds Fast, 297,92 feet; thence
South 38 degrees 41 minutes 54 wconds East, 146.03 fcc4 thence South 61 degrees 45 minutes 36
Iseconds East, 1 93-55 feet to a Point hereinafter referred to as Point A; thence South 77 degre I
minutes 48 seconds East, 139.17 feet and said line there terminating.
To g ell 'or with a 100 .00 foot temporary const easement and a 20.00 fix Permanent utility
easement Over, under, and across that above described propert Said temporary constructi
easement being 30.00 feet to the right and 70.00 fe t the l of the f I
—ing 10.00 f eet on ca&hs
said permanent utility easement L 0 Owing described line and
-9 then south -ide of the follo
01 degrees 27 minutes o5 second We
Be imling at the aforementioned Point A; described line:
degrees 53 a 01 seconds West 532 77 cc t S outil 00
2
st
37.02 feet; thence- South 20 degrees 12 minutes 29 seconds West, . 19 f mond
.62 f eet; thence South 00 degrees 1 7 minutes 24 second
West, 1 1 9,94 feet; thence South 18 degrees 31 m 51 seconds _
West 103 30 feet; thence South
37 degrees 26 mijutes 30 seconds West, 102.06 feet, thence South 49 degrees 22 minutes 17
seconds West, 189.82 fimt to a Point hereinafter ref t as p B; then
minutes 36 se cods West, 119.21 cc North 40 degrees 13
feet thence North 60 degrees 57 minutes 22 second W
120 feet' thence South 85 degrees 54 minn t"s 15 seconds
degrees 54 minutes 35 secon W est, Wcs� 14141 feet; thence South 83
Together with a 5 8-15 feet and said line there terminating. I GO foot tem c ons t ruction casement and a MOO f permanent utility
inx p erm tut i
cascluctIt over, under, and across that above described property, said tempor cons
easement being 30.00 feet to the right and 7 0.00 feet to the left afttne raid Permanent utility easement bei I0.00 f eet on each si described line a
orementioned Poin , 8 ib lin
Beginning at af de ed a
. t B, thence South 40 degrees 16 minutes 16 seconds East, 40,12
feet and said line there terminati
Togcr her with a 100 foot tern co nstruction casement and a 20.00 foot permanent utility
eRstment over, under, and across That above described property. Said temporary construction
easement being 30.0o fect to the right and 70-00 fe s th l of the to,, j described line and
tieing 10 .00 feet OA each side of the foilowing: described Jfirc:
said permanent utility easement be owin
Beginning at aformnentioned Point B; th ence s outh
So degrees 0 2 mi
feet and said line there t eml i na d ug. ante 37 stl=& West, 40,72
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