HomeMy WebLinkAboutResolution No. 099-23 - Resolution - Value, Compensation, and Acquisition of Land Parcels by Eminent Domain for the Airport Expansion Project
RESOLUTION
Approving the Appraised Value, Offer of Compensation, and Authorizing the
Acquisition of Land Parcels by Eminent Domain for the Airport Expansion
Project.
WHEREAS, the City Council has found it necessary and expedient for the public welfare
that the City of Rochester (the “City”) construct certain improvements to the Rochester
International Airport, specifically the Runway 2/20 Reconstruction and Extension Project
(“Project”); and
WHEREAS, the Project requires the expansion of the airport site and the relocation of
certain infrastructure, including public roads and the pipeline facilities of a public service
corporation, BP Central Pipelines LLC (“BP”); and
WHEREAS, the City and BP both have the prerogative to exercise the power of eminent
domain under Minnesota law; and
WHEREAS, the City has entered into an agreement with BP under which the City has
agreed to cooperate to obtain the easements necessary for the relocation of the BP
facilities displaced by the Project; and
WHEREAS, it is necessary to acquire for the Project the real property interests described
and depicted in Exhibit A attached hereto (“Acquisitions”); 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 title to and possession of
the Acquisitions; and
WHEREAS, the City Council finds that title to and possession of the Acquisitions are
required before construction of Project elements 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 acquisition of the
Acquisitions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rochester,
Minnesota that the Acquisitions are necessary and for a public purpose in furtherance of
the Project.
BE IT FURTHER RESOLVED that the proper City officers and agents are authorized and
directed to acquire the Acquisitions by voluntary negotiation and, if necessary, through
the exercise of the power of eminent domain;
BE IT FURTHER RESOLVED that the proper City officers and agents are authorized and
directed to make an offer of compensation for the Acquisitions consistent with the
independent appraisals, and to attempt to negotiate the voluntary purchase of the
Acquisitions;
BE IT FURTHER RESOLVED 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 through
eminent domain the Acquisitions if they are not timely acquired by voluntary purchase,
including filing an action in eminent domain and using the quick take procedure under
Minn. Stat. § 117.042;
BE IT FURTHER RESOLVED that the Executive Director of the Rochester International
Airport or his designee is authorized to approve the appraised value for the Acquisitions
for the purposes of Minn. Stat. § 117.042.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
552226v1 PGM MN610-45
EXHIBIT A
SKETCHES
OF THE PROPERTY INTERESTS TO BE ACQUIRED
(attached on the following pages )
Note: Parcel ID Numbers correspond on each document to number labeled “Tax ID”
552226v1 PGM MN610-45
Parcel 2 (PIDs: 542041034232, 542132034247 and 542131034250):
552226v1 PGM MN610-45
552226v1 PGM MN610-45
552226v1 PGM MN610-45
Parcel 3 (PIDs: 542013074447, 542014052860 and 542123034246):
552226v1 PGM MN610-45
552226v1 PGM MN610-45
552226v1 PGM MN610-45
Parcel 6 (PID: 542113034242):
552226v1 PGM MN610-45