HomeMy WebLinkAboutResolution No. 236-25 - Resolution - Authorizing Property Acquisitions for Project No. J7854 Phase 2
RESOLUTION
Authorizing Property Acquisition for the 2026 Sanitary Sewer Improvements West
Zumbro WZ-04-1019 Phase 2 Project (J7854)
WHEREAS, the 2026 Sanitary Sewer Improvements West Zumbro WZ-04-1019 Phase 2
Project City Project No. J7854 (“Project”) will expand the sanitary sewer system and sanitary
sewer services within the City, including the installation of new sanitary sewer lines along
the CPKC railroad corridor; and
WHEREAS, the Common Council of the City of Rochester finds that it is reasonable,
necessary and expedient for the public health safety and welfare to undertake the Project;
and
WHEREAS, it is necessary to acquire certain temporary and permanent easements to
construct, operate, and maintain the Project improvements; and
WHEREAS, the Common Council specifically finds that it is reasonably necessary,
convenient, and in the interest of the general welfare that the City acquire for the Project the
real estate interests depicted on Exhibit A, attached (“Easements”);
WHEREAS, the Common Council finds that title to and possession of the Easements is
required before construction of the Project 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 taking or purchase of the
Easements; and
WHEREAS, City staff and consultants will work with the property owners to purchase the
Easements if possible;
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that:
1. City ownership of the Easements is necessary and for a public purpose in furtherance
of the Project;
2. The proper City officers and agents are authorized and directed to secure the City’s
ownership of the Easements by direct purchase and, if necessary, through the
exercise of eminent domain;
3. The City Administrator is authorized to approve the appraised values for the
Easements for the purposes of using the “quick take” procedure under Minn. Stat.
§ 117.042;
4. The Public Works Department is authorized to negotiate and acquire the Easements
at appraised values, and the City Administrator is authorized to directly purchase and
to settle the takings of the Easements at 15% above the appraised value or up to
$50,000, whichever amount is greater;
5. The City Attorney or his designee is authorized and directed to take all steps
reasonably necessary on behalf of the City to commence eminent domain
proceedings to take the Easements that cannot be timely purchased, including using
the “quick take” procedure under Minn. Stat. § 117.042.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2025.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS_____DAY OF_____________________, 2025.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
2
EXHIBIT A
EASEMENTS FOR 2026 SANITARY SEWER IMPROVEMENTS WEST ZUMBRO WZ-
04-1019 PHASE 2 PROJECT (J7854)
A-1