HomeMy WebLinkAboutResolution No. 095-08 RESOLUTION
WHEREAS, it is necessary for the City of Rochester to acquire certain lands or interests
in the area of the proposed reconstruction of 11th Avenue N.W., from Sixth Street N.W., to Tenth
Street N.W., J7746; and,
WHEREAS, the right of title and possession of the lands or interests in lands necessary
for the projects must be acquired by the City in order to construct the street project; and,
WHEREAS, it may not be possible that all interest or interests in lands necessary will be
acquired by the City through a process of voluntary negotiation with the various property owners;
and,
WHEREAS, the reconstruction of 11th Avenue N.W., will improve traffic flow and safety-
for motorists traveling on these roads and constitutes a lawful and public purpose; and,
WHEREAS, construction of the project is anticipated to begin soon and therefore
acquisition of such property is needed as soon as is legally possible.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City make payment to Prow Company, Inc., in the amount of $500.00 for
12.41 square feet of permanent right-of-way.
• BE IT FURTHER RESOLVED that the City make payment to Barlow Plaza LLC, in the
amount of $83,700 for 4,747 square feet of permanent right-of-way, 5,562.64 square feet of
temporary construction easement, privacy fencing and the contributory value of bituminous
parking and retaining wall.
BE IT FURTHER RESOLVED that City staff is authorized to acquire the needed land
rights through negotiations with settlement authority not to exceed 15% above the appraised
value.
BE IT FURTHER RESOLVED that the City Administrator is authorized to acquire the
needed land rights through negotiation with settlement authority in excess of 15% above the
appraised value.
BE IT FURTHER RESOLVED that the City Attorney is authorized and directed, at the
request of the City Administrator, to initiate, in the name of the City of Rochester, appropriate
proceedings pursuant to Minnesota Statutes, Chapter 117, including the 90-day "quick take"
proceeding, in order to acquire any interests or interests in lands necessary which cannot be
otherwise obtained voluntarily, needed to facilitate the reconstruction of 11th Avenue N.W., from
Sixth Street N.W., to Tenth Street N.W. (J-7746).
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ,?GrH DAY OF , 2008.
`'PRESIDENT OF SAID COMMON COUNCIL
ATTEST: CITY CLERK
APPROVED THIS A5F DAY OF , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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