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Home My WebLink About1998-05-20 PACKET 08.B.R�QUE�� OF CIT�' COt1NCIL ACTIO� C�UEVCIL AGENDA PAEETING IT�[VI # �. DATE 5/20/98 PREPAF2ED BY: Community Development Kim Lindquist ORIGIiVATIldG DEPARTMENT STAFF RUTHOF3 ��..�.a�..�.��«.e484ffi.��.«��.�.��.��.�� [� Z+ � 1 I I� I� I I�+ r� [�P► �:7 � i i�J �,� Adopt resolution authorizing the acquisition of right-of-way and ponding easements over certain real property by eminent domain proceedings for the eMension of Hardwood Avenue and the installation of VVest Draw trunk utilities. � 1 k *' � � � • ...• � � ♦ �... _ r `I��:��1�17�I�/1E:�13C�7��Tiii[�7�11 ■ ■ � � ■ ■ ■ � , -� : . ;, � � , ..- �:� . � , • • ' • •� DATE ,4PPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ..a* r� N � _ • - . • .. �.., .; /�' • • �. ■ +'� . ■ - �� - �� -� •�. ■ . . � �. � 1!� • - . - . - - ADMINISTRATORS COM(�EIVTS — / ' � � City Administrator DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � � �S„ ��__� Date �k��.�«�a��.w«$��ffi�,�..�,��.�ds..��«��«« GC?tJNCiL ACl"iOPV T.4KEN: ❑ APPROVED ❑ D�t�IEC� ❑�`CH�F� I�Td:�ilfil'1.913rt*.I�I��[c3�Fr?:1�i71l�i7t�17�11:. .fT7`�i,.�[!� .+i"eP.fa7?�.tT��.7 •'• � T0: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Kim lindquist, Community Development Director DATE: May 15, 1998 RE: Hardwood Avenue Eminent Domain INTRODUCTION On April 15, 1998, the City Council discussed the idea of authorizing the acquisition of right-of- way and ponding easements for Hardwood Avenue by eminent domain. The Council indicated that they would like to acquire the easements without condemnation, if possibie. Further the Council requested an update on what has transpired since that time. DISCUSSION Attached are several pieces of information relating to the Hardwood Avenue project. The first is a status on the easement acquisition process by Evergreen Land Services. An update of this sheet will be forwarded to the Council in the Tuesday packet as two appointments are scheduled for Sunday (Heinn and Snow) and one appointment was held on Friday (Stoltz). Staff has asked that Mr. Storm of Evergreen be present at the council meeting in case there are any questions. Aiso attached is information regarding public acquisition of property which has been given to property owners during their appointment. Survey work for the easements is proceeding. The eastern boundary line of the right-of-way and the eastern ponding easement has been staked. In the north, the 120-foot right-of-way is staked. Timing for the installation of the trunk utilities continues to be at issue with Centex Homes. They will continue to wait to file the plat and begin grading activity untii the installation schedule is more firm. As the Council is aware, the quick take process allows the City to ensure obtaining the easements within 90 days of filing the quick take. A resolution authorizing acquisition of right-of- way and ponding easements is attached for Council action. Exhibit A lists the property, by legal description, which could be affected by the proceedings. Two of the properties initially listed, the Gonyea and the Coleman properties, have been deleted from the exhibit. Gonyea has signed a right of entry and therefore eminent domain shouid not be necessary. In regard to the Coleman property, a small portion of their lot was proposed for ponding purposes. However, there is the opportunity to avoid the property without compromising needed ponding volumes. Therefore, acquisition of this easement is not necessary for the project. RECOMMENDATIQN Adopt the resolution. RESOLUTION NO. 98-XXX RESOLUTION AUTHORIZING ACQUISITION OF RIGHT-OF-WAY AND PONDING EASEMENTS OVER CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS WHEREAS, the City of Cottage Grove, acting by and through its City Councii, is authorized by law to condemn land for pubiic right-of-way and storm water ponding purposes; and WHEREAS, the City Council has approved Project No. 48401, which involves the extension of Hardwood Avenue and the installation of the West Draw Trunk utilities in the west half of Section 8, T27, R21, from East Point Douglas Road South to 70th Street South. Said road construction, trunk utility work, and storm water ponding facilities are to be compieted within a 120-foot wide right-of-way and ponding easement located on portions of the eight (8) parcels of real property as described on the attached Exhibit A; and WHEREAS, in furtherance of the project, it is necessary to acquire permanent easements and right-of-way over portions of the certain lands located in the City of Cottage, which lands are identified and described in the attached Exhibits A and B; and WHEREAS, the acquisition of the necessary rights in the lands affected by the project is necessary, convenient, and in the public interest; and WHEREAS, the City Council finds that, in view of the construction schedud� for the project, it is necessary, proper, expedient, and in the public interest that title to and possession of the easements and right-of-way be acquired prior to the filing of the final report of the condemnation commissioners to be appointed; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COTfAGE GROVE: That it is necessary, convenient, and in the public interest that the public right-of-way and easements necessary for construction of Project No. 48401 be acquired in furtherance of the project. 2. That the city attorney and city staff are hereby authorized and directed to acquire the necessary permanent public right-of-way and easements for the Project by negotiation and direct purchase or by eminent dornain proceedings pursuant to Minnesota law, including the use of the so-called "quick take" statute, Minnesota Statutes, Section 117.042. 3. The city staff is authorized to administratively approve the appraised value of each of the real properties affected by the acquisition after review of the individual parcel appraisais as completed by the contracted appraiser. The descriptions of the affected parcels of real property are attached as Exhibit A. 4. Prior to recording of this quick-take resolution with Washington County, the accurate legai description for the permanent pubiic right-of-way and ponding easements to be acquired shail be obtained from the contracted surveying company. Said legal descriptions shait be attached to the formai recording documents. Passed this 20th day of May, 1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Cierk Attachments: Exhibit A-- Legal Descriptions of Affected Properties Exhibit B -- Map J:\1998V2ESOLUTIWardwood Eminent Domain.doc EXHIBIT A Parcel 1 Street Address: commonly described as the vacant land west of 7560 Harkness Avenue South P.1. N.: OS-027-21-32-0001 Property Owner: Curtis and Rita Thompson Legal Description: The Northwest Quarter of the Southwest Quarter of Section 8, Township 27 North, Range 21 West, except the East 726.01 feet together with an easement for roadway purposes over and across a 60-foot wide strip of land, the centerline of which is described as foilows to wit: A 60-foot wide roadway easement over part of the Northwest Quarter of Southwest Quarter of Section 8, Township 27 North, Range 21 West, in the City of Cottage Grove, Washington County, Minnesota, the centerline of which is more particulariy described as follows to wit: Beginning at the Southeast corner of the North haif of said Northwest Quarter of Southwest Quarter of Section 8, Township 27 North, Range 21 West, Washington County, Minnesota, thence Westeriy along the Southeriy line of said North half of Northwest Quarter of Southwest Quarter and along said centerline of the 60-foot wide roadway easement for 726.01 feet to its intersection with the Westeriy line of the East 726.00 feet of said Northwest Quarter of Southwest Quarter, which is the end of the centerline description of the 60-foot wide roadway easement. Parcel 2 Street Address: 7560 Harkness Avenue South P.i. N.: 08-027-21-32-0003 Property Owner: Curtis and Rita Thompson Legal Description: The East 726.00 feet of the North Nalf of the Northwest quarter of the Southwest quarter of Section 8 Township 27 North Range 21 West, in the City of Cottage Grove, Washington County, Minnesota, excepting therefrom the North 300.00 feet thereof. Containing 6.004 acres, more or less, subject to the right-of-way of Harkness Avenue South and also subject to an easement for roadway purposes over and across the Southern 30 feet. Parcel 3 Street Address: commonly described as the vacant land west of 7862 Harkness Avenue South P.I.N.: 08-027-21-33-0004 Property Owner: Kevin and Julie Snow Legal Description: That part of the southwest quarter of the southwest quarter of Section 8, Township 27 North, Range 21 West, City of Cottage Grove, Minnesota, described as foliows: Beginning at a point on the east line of the Southwest quarter of the Southwest quarter 709.50 feet North of the Southeast corner; thence South 88 degrees 58 minutes 50 seconds West parallel to the So�th line of Section 8, a distance of 272.00 feet; thence South 00 degrees 34 minutes 14 seconds East parailel to the East line of said Southwest quarter 123.00 feet; thence South 32 degrees 17 minutes �0 seconds East 203.56 feet; thence North 00 degrees 34 minutes 14 seconds West parallel to the east line of the Southwest q�arter of the Southwest quarter 264.00 feet; thence North 88 degrees 58 minutes 50 seconds East parallel to the South line of Section 8 a distance of 165.00 to the point of beginning. Containing .64 acres. Parcel 4 Street Address: 7170 East Point Douglas Road South P.I. N.: 08-027-21-33-0016 Property Owner: Eugene and Joan Stoltz Legal Description: Ali that part of the Southwest quarter of the Southwest quarter of Section 8 in Township 27 North of Range 21 West, Cottage Grove Township, described as follows, to wit: Commencing at the Southeast corner of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27 North, Range 21 West, Cottage Grove Township; thence North along the East line of said Southwest Quarter of Southwest Quarter for 619.5 feet; thence West and parallel with the South line of said Southwest Quarter of the Southwest Quarter for 272.0 feet to the point of beginning of this description; thence North and parallel with said East line of the Southwest Quarter of the Southwest Quarter for 417.5 feet; thence West and parallel with said South line of the Southwest Quarter of the Southwest Quarter for 84.0 feet; thence North and parallel with said East line of the Southwest Quarter of the Southwest Quarter for 280.0 feet, more or less, to the North line of said Southwest Quarter of the Southwest Quarter; thence West along said North line of the Southwest Quarter of the Southwest Quarter for 958.0 feet, more or less, to the Northwest corner of said Southwest Quarter of the Southwest Quarter, thence South along the West line of said Southwest quarter of the Southwest quarter for 33.0 feet; thence East and parallel with said North line of the Southwest Quarter of the Southwest Quarter and 33 feet Southerly therefrom for 561.0 feet; thence South 7 degrees 00' East for 686.76 feet, to a point 619.5 feet North of said South line of said Southwest Quarter of the Southwest Quarter; thence East and parallel with said South line of the Southwest quarter of the Southwest quarter for 406.59 feet to the point of beginning. Together with an easement for ingress and egress by venicles and on foot from the Town Road located on the South line of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range to the South line of the above described real estate over what is commoniy known as the °'Old School House Road," said roadway being 33 feet in width. Except for the following described parcei, to wit: All that part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27 North Range 21 West, City of Cottage Grove, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence South 00 degrees 37 minutes 41 seconds East, bearings based on the Washington County Coordinate System, South Zone, along the west line of said Southwest Quarter of the Southwest Quarter, a distance of 33.00 feet (2 rods to the northwest corner of that parcel described in Book 192 of Deeds, Page 78, on file and of record in the Office of the County Recorder, Washington County, Minnesota; thence North 89 degrees 00 minutes 10 seconds East, parallel with the north line of said Southwest Quarter of the Southwest Quarter, a distance of 561.00 feet (8.50 chains) to the northeast corner of said parcel described in Book 192 of Deeds, Page 78: thence north 07 degrees 59 minutes 50 seconds West, along the northwesteriy projection of the east line of said parcel described in Book 192 of Deeds, Page 78, a distance of 33.25 feet to its intersection with said north line of the Southwest Quarter of the Southwest Quarter; thence South 89 degrees 00 minutes 10 seconds West, along said north line of the Southwest quarter of the Southwest quarter, a distance of 556.74 feet to the point of beginning. Parcel 5 Street Address: commoniy described as the vacant land west of 7703 Harkness Avenue South P.I. N.: 08-027-21-32-0002 Property Owner: Katherine Weber Legal Description: The East 726.00 feet of the South half of the Northwest quarter of the Southwest quarter of Section 8, Township 27 North, Range 21 West, in the City of Cottage Grove, Washington County, Minnesota, excepting therefrom the South 300.00 feet thereof, containing 6.004 acres, more or less, subject to the right-of-way of Harkness Avenue South and excepting and reserving to the Grantor herein, a roadway easement for ingress and egress purposes over the North 30 feet of the foregoing described tract. The South 300.00 feet of the East 726.00 feet of the Northwest quarter of the Southwest quarter of Section 8, Township 27 North, Range 21 West, in the City of Cottage Grove, Washington County, Minnesota, containing 5.000 acres, more or less, subject to the right-of-way of Harkness Avenue South. Parcei 8 Street Address: 7520 Harkness Avenue South P.I.N.: 08-027-21-32-0004 Property Owner: Gerald and Nancy Heinn Legal Description: The North 300.00 feet of the East 726.00 feet of the Northwest quarter of the Southwest quarter of Secfion 8, Township 27 North, Range 21 West, in the City of Cottage Grove, Washington County, Minnesota. Containing 5.000 acres, more or less, subject to the right-of-way of Fiarkness Avenue South. Parcel 9 Street Address: 7200 East Point Douglas Road P.I. N.: 08-027-21-33-0023 Property Owner: FBS Properties Management I.egal Description: That part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as beginning at a point of the East line thereof distant 445.50 feet North from the Southeast corner of said Southwest Quarter of Southwest Quarter; thence Southerly along said East line 445.50 feet to said Southeast corner; thence South 89 degrees 37 minutes West, assumed bearing, along the South line of said Southwest quarter of Southwest quarter 270 feet; thence North 0 degrees 23 minutes West 300 feet; thence North 89 degrees 37 minutes East 122.45 feet; thence North 0 degrees 5 minutes 2 seconds East 145.50 feet more or less to the intersection with a line drawn Westerly, parallel with the South line of said Southwest quarter of the Southwest quarter from the point of beginning; thence Easterly along said parallel line 150 feet more or less to the point of beginning. Subject to roadway easements for Hinton Avenue and 80th Street South. Subject to roadway easement and vacated Harkness Avenue adjacent except part of Southwest quarter of Southwest quarter of Section 8 Township 27 Range 21 lying south of a line described as beginning at Southwest corner thence South 89 degrees 37 minutes west along South line 270 feet thence North 0 degrees 23 minutes West 50 feet to point of beginning of line to be described thence Easterly to poinf being 50 feet North of South line and 150 feet West of East line there terminating except South 33 feet; subject to easement together with all right of access to 80th Street South and except part of Southwest quarter of Southwest quarter of Section 8 Township 27 Range 21 described as foliows: commencing at the Southeast corner of said quarter quarter thence westerly along the South line of said section 150 feet thence North 300 feet thence East 50 feet to the Easterly line of said quarter quarter thence South 300 feet to point of beginning. Parcel 10 Street Address: 7171 East Point Douglas Road P.I.N.: 08-027-21-33-0021 Property Owner: Richard and Laurel McConnell Legal Description: All that part of the Southwest quarter of the Southwest quarter of Section 8, Township 27, Range 21, described as foilows: Commencing at the Northwest corner of the Southwest quarter of the Southwest quarter of Section 8 Township 27 Range 21; thence South along the West line of said Section 8 for 2 rods; thence East for 8.5 chains; thence South 7 degrees 8 minutes East for 11.92 chains; thence South for 515 feet, more or less, to a point on the South line of said Section 8; thence East to a point 35 feet East of the Driveway into Walter Pommerening property produced which is the point of beginning; thence East 120 feet; thence North at right angies 175 feet; thence West 120 feet; thence South 175 feet to the point of beginning, according to the United States Government Survey thereof, County of Washington and State of Minnesota, except for those rights acquired by the City of Cottage Grove pursuant to the Finai Certificate dated December 9, 1985, recorded February 24, 1986, as Document No. 502329. 1 " " � � � O �$ ��'J O 5 S° F ��xi� � i _ � i r 14 ��i �:.� .N�� _°�'� .., � n . � n Ic � � qo € "n°-F ` 1 ( .6�. I°i ; � G� m m' ---�-� < a m e 3 � �d y Ic� IS' m �a � k , .c j? i=� ifro ��° �A �p � �o I� � �N i !�' I- ' v m �- �c� 4� �5� w � � I= -i � ,I� u3 i� o le: � � I`[ � �;N �j � N Ii in � y � p �� I� � I I� i i3 IW I �I� i A � I � � � + i � i � . � i I I, ��. i i I � � ,,� j i� ,,,...'n � I m p> I I I I I I � i � I IW . w I� ;�` �i� � 'N I�, IO �O O �O p p �!p q I �'�.O O S O O � O :O � I I I � I � I i I � I I �i ' ; ; � I r�.�� I � � � i � ' � � I j ! I I I I i I I ��I @ �C � �� ✓r < � F� (/� y � � C I� I I IN IR 41 Iiy IN� S I6 I .�i '..P .. . IN '-y' 10 � �O o �o N I� '� � I j �.ln � !vi tn �ln � IN ivi �'.� �S S S d .,� Rn !.i °f .i m a � ��.o i� � m io �p � ',�` � �W � W W W ^ .... I' ;N � G I Q' ly e 1 l � i �ry I� �m I i c � w j i � a I '� � ro ,'�.. � � �. � I m � � � r � i �' I I � � I ��, ; �� I ; � I I �� I � � � I� � n i� I � G N � 0 ,� � i� � � p O a a A C 6 3 a �. N � n � � � � � m GUIDEBOOK FOR PROPERTY OWNERS (WH�N THE CITY OFFERS TO ACQUIRE OWNERSHIP OF ALi. OR A PORTION OF YOUR PROPERTY} A primary responsibility of the City of Cottage Grove is the administration, planning, construction, maintenance, end safety control of public improvements. As a result, the City is involved in the purchasing of land and property rights owned by individual citizens. The primary purpose of this pamphiet is to provide information to individuals, whose land and/or interest must be acquired, of their basic legai rights, and to outline the procedures that the Ci4y foliows: This materiai is broad in scope and general in nature. It is intended to inform you of your rights given all of the possible forms of land purchase and differerrt project scopes. in some cases a limited portion of the material wiil be pertinent to the project to which you may be a party. In other cases the potential property acquisition may be more protracted and involved. in any case, this material is intended to summarize your rights. Further expianation by a City represe�tative is available. GENERAL INFORMATION How the City Acquires Property Under Min�esota iaw, the State and certain other Govemmental Agencies may acquire property by gift, direct purchase, or eminent domain proceedings. This right may be used to acquire private property for pubiic purposes such as schools, parks, libraries, recreation facilities, airports, and roadways. Prior to Land Acquisitian Prior to the City acquiring your property, a survey crew may request permission to enter your land to obtain information for the development of the proposed improvement or proJect. This wiil help define the project iimits and impact upon your property. A public hearing or opportunity for public hearing wili give you a chance to participate in the process of determining the location and design of the project. The time and place of these hearings or opportunities for hearings wiil be advertised in the local newspaper. Page i .� A City representative wi8 contact you to discuss and iearn the nature and interest of those persons invo�ved with ihe property. It is unlikely at this time that the Ci4y contact will have complete knowiedge of the final proJect proposaf, as construction plans may still be under development. Sometime later, the City will send a quaiified appraiser(s) to estimate 4he market value of the proposed acquisition. The appraiser will contact you at that time. You will be given the opportunity to accompany him/her during the inspection of your property. The appraisal is normaliy based on studies of recent simiiar sales of property in your area. in some instances when the City determines there are minimai damages there wiil not be a need for accompaniment or a complete appraisai. Additionai contacts by authorized personnel are sometimes made to obtain other necessary information prior to 4he time that offers for purchasing can begin. SECTBON I V1J ��-� Acquisition of Land or Rights by Direct Purchase Direct purchase means that the property owner wili be contacted by a representative of the CRy in an attempt to purchase the property for the estimated market value. At the begin�ing of the purchase, a written statement will inciude the amount being offered. in instances where oniy a part of the property is to be acquired, the statement wiil separate the amount of mo�ey to be paid and the amount (if any) for damages to the remainder of the property. If the acquisition leaves you with an uneconomic remnant, the City wiil offer to purchase that remnant. Every effort wiil be made to acquire your property through this Direct Purchase procedure. If you accept the offer, you will sign an "Offer to Seil and Memorandum of Conditions" which gives the City permission to buy your property. You will also sign the actual "Deed" which conveys the property to the City. In certain cases the City wiii not need to purchase the actual property but will need to purchase certain "Rights" from the property. These rights may include drainage easements, right of access, temporary easements, etc. In this case you may oniy sign the actual instniment that grants those rights to the City. The City will, at its own expense, fumish ail instruments necessary to complete the sale or purchase of rights, make the necessary examination of title, and record the instruments of conveyance. Ail instruments are subject to and are conditional upon written acceptance by the City. After the legal instruments have bee� recorded, payment will be processed. Bf 4here is a mortgage and all or a major portion of the property is being acquired, a separate check payable to the mortgage hoider will be drawn for the remaining balance of the mortgage, plus interest to the date of payment. The check for your equity wiil be mailed directly to yoU. if only s part of your property is 4o be acquired, the City wiil ask for a partial release of the mortgage. In this ins4ance the moRgage holder will also be named on the check. It is strongiy recommended thaf you contact your mortgage holder to determine distribution of the funds p�or to 4he signing of legai instruments. Pape 2 By agreement, you may retain and remove any or ail improvements located on your property, but removal of such improvements must be made at your own expense. The saivage value of the improvements retained wili be deduded from the emount of the offer. In addition fo receiving the "Fair Market Value" for the land or rights taken, you may be entitied to certain relocation benefits. If relocation benefds are likely, you wiil be informed. A relocation brochure is available which explains the program. The City may reimburse you for certai� incidental expenses incurred in transferring the titie to the Cfty and will assist you in filing a ciaim. For instance: A. Service fee charged by the mortgaAe hoider for release of mortgage B. Prepayment penaity of mortgage C. Abstract costs The owner has the right to appeal any and aii decisions reached by the City regarcling the above expenses or procedure. This may be accomplished by writing to the City Administrator, You may also be eligible for reimbursement of certain appraisai fees. If you or your representative have employed the services of a licensed appraiser, the Gfty may reimburse you up to the statutory maximum of $500 for this cost. Reimbursement of this cost will not be made until after your property has been acquired. If any of your property is being acquired, it will be necessary that all current and delinqueM real estate taxes, as weli as aIl special assessments be paid in fuii. The City representative will advise you on the payment of taxes due. If you have to move from your home, a decent, safe, and sanitary replacement dwelling must be available to you, on a nondiscriminatory basis, prior to your dispiacement. You are not required to surrender possession of your property until: 1. you have been paid the agreed purchase price, or 2. you have been paid an award of commissioners, or 3. an amount at least equai to the City's approved appraisal of the value of your property is deposited with the coort for your benefd, or 4. the award resulting from a condemnation proceeding is deposfted with the court. P+ga 3 SECTION il Land Acquisition by Emi�ent Domain Eminent domairt is a legal process for acquiring property that is needed for a public purpose. Eminent domain or condemnation, as it is also cailed, is used when agreement on the price of the needed property cannot be reached or when title to the property is unmarketable. The process is started eariy enough so that the City can be assured that the propeRy wiil be acquired and vacated in time to meet construction contract requirements. Eminent domain proceedings are commenced by the filing of a petition with the Court Administrator. A date for the hearing on the petition will be set. A notice of this hearing wiii be served on you by certified maii. If you do not retum the Notice of Acknowledgment of Service by Mail, you can expect to be personalty served with notice of the hearing by a Deputy of the County Sheriff s O�ce. Service must be made in the same manner as any civii action to fulfili the requirements of state law. This notice of the hearing on the petition will inform you of the type of the acquisition and of the date, place, and time that the hearing on the petition wiil be held. The notice wiil describe the property to be acquired and will contain a list of the names of all parties who are shown to have an interest in tfie ProPertY• The hearing on the petition is usually held in the county court house. A lawyer will represent the City and will present the petition to condemn to the cou�t. Also present at the hearing on petition wili be a representative of the City who will be availabie to answer questions regarding engineering detaiis, design aspects of the project and construction matters. The court wili appoint three qualified and impartial residents of the county to act as commissioners to view each piece of propeRy, hoid valuation hearings, and determine the damages that the property will, in their opinion, sustain as a resuK of the taking. The commissioners shouid not have any financial interest in any of the propeRies nor should they be related to any of the property owners or closely invoived in any business dealings with a property owner. After the three court-appointed commissioners have taken their oath of office, they wiil arrange for viewing and hearings wfth you and other affected property owners. You wilf be notified of the date and time when a viewing or valuation hearing will be held. � �� . • � i • • The chairperson of the commission, who presides over the hearings, will most Iikeiy invite you to express your opinion as to the amount of damages you feel your property has sustained, and to fumish such evidence as you may wish to present for purposes of gssisting the commissioners in determining an awarcf of damages. You may represent yourseif at these hearings or you may choose to be represented by legal counsel. You should understand that you bear the cost of any attomey's fees. Whether or not you hire an attomey is your decision. The Constitutions of the Unfted States and 4he State of Minnesota provlde 4hat property canno4 be acquired, damaged, or destroyed for public putposes without payment of "Just Compensation". Page d The State eminent domain Iaw estabiishes procedures that guarantee fu(I compliance wfth these requirements. The courts of our State have irrterpreted "Just Compensation" to mean that the owner is entitied to the fair market value of property that is acquired for pubiic purposes. Fair market value is generally defined to mean the amount that a wilBing buyer would pay and that willi�g selier wouid accept when neither party is forced to sell or buy. You may wish to retain a iicensed reai eslate appraiser to provide you with a� appraisal of the market value of your property. The commissioners may, at their discretion, ailow reimbursement for an appraisal not to exceed $500. Titie and possession of the property shall pass to the City upon filing of the award by the court appointed commissioners. Whenever the City shall require titie and possession of ali or part of the owner's property prior to the filing of an awarcl by the court appointed commissioners, the City shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess the property. Prior to taking title and possession the City shall pay to the owner or deposft with the court an amount equal to the Cfty's approved appraisai of value. The language is found in Minnesota Statutes Section 117.042. This is commoniy referred to as the "Quick-Take" Law of the State of Minnesota. When Can Construction Start Minnesota law provides that once the court-appointed commissio�ers have filed their award, or notice has been served pursuant to Minnesota Statutes 117.042, or after a deed has been signed, and the iepal date of continued occupancy has expired, the City has the right to enter upon your land and begin construction. In some case5 when the project has a high priority, construction will proceed at an eariy date. In the majority of cases, you wili have had an opportunity to thoroughly go into any probiems conceming the acquisition of your Iand before any construction begins. Appealing the Commissioners Award � � /�\ it is important to note that if you are dissatisfied with the commissioner's awarcl, you have the right to appeal to the District Court. The City aiso has the right to appea0 the award. Any appeal must be 4aken within 40 days from the date the commissioners file their award and must be filed with the Court Administrator. A notice of such appeai must be maiied to aii parties of recorcl havf�g an interest in lands described in the appeai. Within 10 days of such mailing, any other party may appeai. (Note: The 40 days are counted from the date of the fiiing of the commissioner's award with the Court Administrator, not from the date you received notice of the awarcl from the Cfty.) if the City appeals the awarcJ, you wiil be notffied by letter. The law provides that unless proper appeai is taken by either party within 40 days, neither party can amend or adjust the amount, terms, or conditions of the awarcl. If no appeal is taken, payment will be made following the expiration of the 40 day appeal PaBe 5 period. If oniy one party appeals from the award of commissioners, the appealing party may later dismiss the appeal and the awarci plus interest will be paid. About three weeks after the filing of an appeal by either party, partial payment may be made. Maximum partial payment under any circumstances cannot exceed 75 percent of the award of the court-appointed commissioners. If you so request, the City will pay 75 percent of the award; the City may, however, request the court to reduce the amount of partial payment. A partial payment, when no request nas been made, will be in the amount of the City's appeal figure or an amount that is 75 percent of the award, whichevet is the smailer amount. In no event will the partiai payment be less than the City's estimate of fair market value. "Just CompensaHon" by a Jury If you or the City, or both, appeal to the District Court, the compensation to which you are entitied becomes a question to be decided in a trial by jury. Simply because an appeal is taken by either party does not necessarily mean the matter wili go to court; the City wiil make a diiigent effort to settle the case prior to triaL However, as noted eariier, the law provides the City cannot amend or adjust the amouni of the commissionePs awarci uniess proper appeat is taken by either party within the time ailowed. If the 8ppeal is settled out of court, you can expect final payment wfthin 45 days of receipt by the City of a properly sig�ed stipulation a�d settlement. If the appeal goes to trial in district Court, final payment will be made within 45 days after a final judgment. When the jury verdict is appealed to a higher court, final payment will await the disposition of that appeal. SECTION III Relocation Payments In accorcfance with the federai Uniform Relocation Act of 1970, and subsequent legisiation, you may be entitled to certain payments for such things as a housing supplement, moving costs, reestabiishment costs, incidental expenses and closing costs. The representative of the City will review your eligibiifty for these relocation claims. An explanation of relocation payments and services can be found in a separate pamphlet entitled "Relocation Assistance Informa4ion." This booklet will address many of your questions and concerns. Please request a copy from the City if you have not received one. SECTION IV a.9a e Additional Information •_�. - .•� . . ► ��.-� The Internal Revenue Service (IRS) requires the land owner to fumish the City with a Taxpayer identification Number before payment can be made. An approved form (IRS W-9) wili be provided by the City. u��-..�- � . State law requires that sellers of reai estate inform prospective buyers of any and ali weUs located on the property even if those wells are not in use. A formai well disciosure certificate should be provided by the property owner to the buyer at the time of the sale, if any wells are present. This certificate will be provided. SUMMARY AND CONCLUStON The information in this Guide for Pl4perty Owners is brief and ge�eral. If you desire additional information please feei free to cali Evergreen Land Services Gompany at (612) 930-3100. b7ams�guitle Pege ] ` � ♦ E a O a w a � P H � H � z H � � d 0 ca o a H � d W � z �, H m � w � U C] W � H D W a m � � IM T m � NI v' � 0 c a� � N 4 � � d � � c