HomeMy WebLinkAboutResolution No. 217-23 - Resolution - Initiating 90-day Quick-Take Action for Project No. J7341
RESOLUTION
Authorizing Property Acquisition for the North Broadway Reconstruction Project
(J7341)
WHEREAS, on April 17, 2023, the Common Council of the City of Rochester found it
reasonable and necessary to acquire certain easements for the project to reconstruct a
portion of North Broadway Avenue – Project No. J7341 (“Project”); and
WHEREAS, the Common Council finds it is necessary to acquire title and possession to the
easements depicted on Exhibit A, attached (“Easements”), 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 acquisition of the Easements.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that:
1. The acquisition of the Easements is necessary and for a public purpose in
furtherance of the Project;
2. The City Administrator is authorized to approve the appraised values for the
Easement for the purposes of using the quick take procedure under Minn. Stat. §
117.042;
3. The Public Works Department is authorized to negotiate and acquire the Easements
at appraised values for the North Broadway Reconstruction Project, and the City
Administrator is authorized to approve settlement at 15% above the appraised value
or up to $50,000, whichever is more;
4. The City Attorney or his designee is authorized and directed to take all steps
reasonably necessary on behalf of the City to acquire the Easements through
eminent domain, including filing an action in eminent domain and 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______________, 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)
2
EXHIBIT A
EASEMENTS FOR PROJECT NO. J7341
A-1
A-2
A-3
A-4
A-5
A-6