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HomeMy WebLinkAbout05-102 ,y R DATE: July 5, 2005 RESOLUTION NO.: 05-102 MOTION BY: Luick SECONDED BY: Bellows RESOLUTION AUTHORIZING ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR CONSTRUCTION RIGHT-OF-WAY CR 70/DODD BLVD. TRAFFIC SIGNAL INSTALLATION AND TURN LANE CONSTRUCTION CITY IMPROVEMENT PROJECT 05-03 DAKOTA COUNTY PROJECT NO. 9-37 WHEREAS, on January 18, 2005, the City Council entered into agreement with Dakota County for the widening of the intersection approaches at CSAH 9 (Dodd Boulevard) and CSAH 70 (215t" Street) as part of City Project 05-03 ("Project"); and WHEREAS, the Project requires acquisition of property interests identified in Exhibit "A" so that the Project can be undertaken on a timely basis; and WHEREAS, the City now intends to acquire either voluntarily. or by acquisition the properties listed in the attached Exhibit "A" accompanying this Resolution; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lakeville; • 1. The City, through its attorneys in this matter, Campbell, Knutson Professional Association, is hereby authorized to acquire the necessary real property interests through voluntary acquisition or through the commencement and prosecution, to the fullest extent necessary, of eminent domain proceedings against all parties with interests in the parcels identified in Exhibit "A" attached hereto; 2. The Mayor and City Clerk are hereby authorized to execute all documents necessary to obtain, through voluntary acquisition, real property interests for the parcels identified in Exhibit "A" attached hereto; 3. The City, through its attorneys, Campbell, Knutson Professional Association, is hereby authorized to invoke the "quick-take"provisions of Minn. Stat. §117.042, since it is necessary for the City to acquire the real property interests identified in Exhibit "A" on an expedited basis in order to accomplish the construction and completion of the Project work in 2005; 4. Pursuant to Minn. Stat. §117.042, the City, through its attorneys, Campbell, Knutson Professional Association, is hereby authorized to retain an appraiser to determine the City's approved appraisal of value for the property interests identified in Exhibit "A" and to deposit the approved appraisal value into District Court and to obtain an order transferring title and possession of the properties involved to the City pursuant to Minn. Stat. §117.042;. FT 5. The City, through its Mayor, City Clerk, City Administrator, Engineering Department and its attorneys, is hereby authorized to undertake all other actions necessary to comply with the Agreement for Engineering, Construction and Right of Way Acquisition between Dakota County and the City of Lakeville, County Project 9-37. ADOPTED this 5t".day of July, 2005, by the City Council of the City of Lakeville. CITY OF LAKEVILL By Robert D. Jo son, Mayor TEST: ~ arlene Friedges, City k i EXHIBIT "A'' Parcel l - Ruddle Description of Easement: A strip, 60 feet wide, for public street, drainage and utility purposes over, under and across the following described property: All that part East of the centerline of Dodd Road of the Southwest Quarter of Section 32, Township 114 North, Range 20 West, excepting therefrom the Northerly 646.02 feet of the easterly 236 feet of said Southwest Quarter; and also excepting therefrom the north 137 feet of said Southwest Quarter. Said. strip being 60.00 feet to southeasterly of the following described line: Commencing at the northwest corner of the Southwest Quarter of Section 32, Township 114 North, Range 20 West; thence South 89 degrees 57 minuets 14 seconds East, assumed bearing, along the northerly line of said Southwest Quarter 828.96 feet to the centerline of Dodd Boulevard (C.S.A.H. No. 9) as now traveled and the point of beginning for the line to be described;. thence South 23 degrees 09 minutes 36 seconds West along the centerline of said Dodd Boulevard 725.31 feet and said line there terminating. Parcel 2 - Stepka Description of Easement A strip, 60 feet wide, for public street, drainage and utility purposes over, under and across the following described property: All that part of the Southwest Quarter of Section 32, Township 114 North, Range 20 West lying westerly of Dodd Road, except the North 137 feet used for right-of--way purposes. Said strip being 60.00 feet northwesterly of the following described line: Commencing at the northwest corner of the Southwest Quarter of .Section 32, Township 114 North, Range 20 West; thence South 89 degrees 57 minuets 14 seconds East, assumed bearing, along the northerly line of said Southwest Quarter 828:.96 feet to the centerline of Dodd Boulevard (C.S.A.H. No. 9) as now traveled and the point of beginning for the line to be described; thence South 23 degrees 09 minutes 36 seconds West along the centerline of said Dodd Boulevard 725.31 feet and said line there terminating. r rr~ P ~ i~ • Parcel 3 -San-Di Properties, Inc. A strip, 60 feet wide, for public street, drainage and utility purposes over, under and across the following described property: Beginning at the Southwest corner of the Northwest Quarter of Section 32, Township 114, Range 20, Dakota County, Minnesota, thence east along the South line of the Northwest Quarter of said Section a distance of 813.35 feet, more or less, to the centerline of Dodd Boulevard; thence northeasterly along the centerline of Dodd Boulevard a distance of 221.00 feet; thence northwesterly a distance of 905.33 feet, more or less, to a point on the west line of the Northwest Quarter of said Section, distant 300.00 feet north of the point of beginning; thence south along the West line of the Northwest Quarter of said Section, a distance of 300.00 feet to the point of beginning. The herein described property maybe subject to easements, restrictions and reservations of record, if any. Said strip being 60.00 feet northwesterly of the following described line: Commencing at the southwest corner of the Northwest Quarter of Section 32, Township 114 North, Range 20 West; thence South 89 degrees 57 minutes 14 seconds East, assumed bearing, along the northerly line of said Northwest Quarter 82$.96 feet to the centerline of Dodd Boulevard (C.S.A.H. No. 9) as now traveled and the point of beginning for the line to be described; thence North 23 degrees OS minutes 19 seconds East along the centerline of said Dodd Boulevard 221.00 feet and said line there terminating. It is intended that the northwesterly line of said strip easement be prolonged to the south line of Outlot B, WILD MEADOW VILLAS, and prolonged to the south line of said Northwest Quarter. Together with a strip 20 feet wide for temporary construction purposes lying 20.00 feet westerly of the herein described strip for street, drainage and utility purposes. The temporary construction easement is for a period of two years commencing on the first date that the contractor enters upon the temporary easement area and expiring two years thereafter.