HomeMy WebLinkAbout2020-048 (easement acquisitions for 2019 Neal Avenue Improvement Project (Project 2019-08))RESOLUTION 2020-048
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AUTHORIZING EASEMENT ACQUISITIONS FOR
2019 NEAL AVENUE IMPROVEMENT PROJECT
(PROJECT 2019-08)
WHEREAS, by Resolution 2019-153, the City Council found the 2019 Neal Avenue
Improvement Project (Project 2019-08) ("Project") to be necessary and feasible, ordered the
Project, and authorized the preparation of plans and specifications for the Project; and
WHEREAS, the Project will include reconstructing Neal Avenue from Boutwell Road to
McKusick Road, doing a mill and overlay from McKusick Road to White Pine Way, and installing
a trail along the east side of Neal Avenue from Boutwell Road to White Pine Way; and
WHEREAS, it is necessary to acquire certain easements to construct and maintain the
Project; and
WHEREAS, the City installed public utilities ("Utilities") adjacent to the Project area, the
record of the public's title to the existing Utilities corridor is unclear, and it is necessary to secure
the City's right to maintain, repair, upgrade, and replace the Utilities; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, and in the interest of the general welfare that the City acquire for the Project and the
Utilities, those easements described in Exhibit A attached hereto ("Easements"); and
WHEREAS, the City Council finds that title to and possession of the Easements is
required before the Project construction can begin and before the filing of the final report of the
condemnation commissioners to be appointed by the district court; and
WHEREAS, the City has engaged an independent real estate appraiser to provide the City
with the appraiser's opinion of damages caused by the City's acquisitions of the Easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater,
Minnesota, as follows:
1. That the acquisition of the Easements is necessary and for a public purpose in furtherance
of the Project and to secure title to the Utilities corridor;
2. That the proper City officers and agents are authorized and directed to acquire the
Easements needed for the Project and the Utilities by voluntary negotiation and, if
necessary, through the exercise of the power of eminent domain;
Resolution 2020-
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3. That the proper City officers and agents are authorized and directed to make offers of
compensation for the Easements consistent with the independent appraisals, and to attempt
to negotiate the voluntary acquisition of the Interests;
4. That the law firm of LeVander, Gillen & Miller, P.A., is authorized and directed to take all
steps necessary on behalf of the City to acquire the Easements through eminent domain if
they are not timely acquired by voluntary negotiation, including filing an action in eminent
domain and using the quick take procedure under Minn. Stat. § 117.042;
5. That the City Engineer is authorized to approve the appraised values for the Easements if
he determines that the independent appraisals adequately reflect the fair market value
thereof for the purposes of Minn. Stat. § 117.042.
Adopted this 19th day of May, 2020,
Ted Kozlowski. Mayor
Attest:
Beth Wolf, City Cler
•
Resolution 2020-048
Page 3 of 9
EXHIBIT A
EASEMENTS TO BE ACQUIRED
(attached on the following pages)
Resolution 2020-048
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Parcel 1:
PID No.: 20.030.20.33.0028; Abstract Property
Street Address: 8005 Neal Avenue North, Stillwater, Minnesota 55082
Legal Description:
That part of the South 110 feet of the SW 1/4 of the SW 1/4 of Section 20, Township 30, Range 20,
lying Westerly of Sunset Ridge Estates, Washington County, Minnesota.
Resolution 2020-048
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Sketch of the Acquisition;
MO TRAIL,
UTafrY &DMI &ADE
EASEMENT
SECTION zq WEST j
SECTION LINE
4"
EXISTING E,I)GE
c WPAV'ENIENT-..
Neal Ave.
IN -TAX LOT LIN
PROPOSED
FACE OF CURB
EASEMENT ACQUISITION
8005 Neal Ave. (Ustipak)
Section 20 Township 030 Range 020 PT SW1/4-SW1/4
BEING THAT PT OF THE S 110FT OS SD 1/4-1/4 LYING WLY
OF SUNSET RIDGE EST
Roadway Easement
West 14 feet
1,540 square feet
Trail and Drainage Easement
North 86 feet of East 13 feet of the west 27 feet,
1,118 square feet
Trail, Drainage and Utility Easement
South 24 feet of east 13 feet of west 27 feet
312 square feet
Utility Easement
East 33 feet of the west 60 feet
3,630 square feet
Resolution 2020-048
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Parcel 2:
PID No.: 20.030.20.33.0027; Abstract Property
Street Address: 8031. Neal Avenue North, Stillwater, Minnesota 55082
Legal Description:
That part of the North 136.00 feet ofthe South 246.00 feet ofthe SW'/o ofthe SW'/o of Section 20,
Township 30, Range 20, lying Westerly of Sunset Ridge Estates in Washington County,
Minnesota.
Resolution 2020-048
..................
Page 7 of 9
Sketch of the Acquisition:
C P I
SE'1"I9N 24 WE
SE TI IN LINE
I I
I I
...,..I,.. _ —
w DI p
14' ROADWAY
FAVNENT
-711
184.41
0
25'TRA14 DRAINAGE.
& OTRl1Y EASEMENT
ea i ve.
EASEMENT ACQUISITION
8031 Neal Ave. (Hapness)
Section 20 Township 030 Range 020 SW1/4-5W1/4
BEING THAT PT OF N 136FT OF THE S 246FT OF
SD1/4-1/4 LYING WLY OF SUNSET RIDGE ESTATES
Roadway Easement
West 14 feet
1,904 square feet
Trall, and Drainage Easement
East 13 feet of the west 27 feet
1,443 square feet
Utility Easement
East 33 feet of the west 60 feet
4,488 square feet
Trail, Drainage and Udllty Easement
South 25 feet of the north 40 feet of the east 13 feet
of west 27 feet
325 square feet
'TRII F •IREEE FTF
Resolution 2020-048
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Parcel 3:
PID No.: 20.030.20.33.0026; Abstract Property
Street Address: 8075 Neal Avenue North, Stillwater, Minnesota 55082
Legal Description:
That part of the North 114.00 feet of the South 360.00 feet of the Southwest'/4 of the Southwest'/4
of Section 20, Township 30, Range 20, lying Westerly of Sunset Ridge Estates, Washington
County, Minnesota.
Resolution 2020-048
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Sketch of the Acquisition:
EASEMENT ACQUISITION
8075 Neal Ave. (Galowitz)
Section 20 Township 030 Range 020 5W 1/4-5W1/4 BEING
THAT VT OF N 114FT OF S 360FT OF SD1/4-1/4 LYING WLY
OF SUNSET RIDGE EST
Roadway Easement
West 14 feet
1,596 square feet
"
'::"'�°"""";;;;;k°' Trail, and Drainage Easement
East 13 feet of the West 27 feet
mm 1,482 square feet
Utility Easement
East 33 feet of the west 60 feet
3,762 square feet