HomeMy WebLinkAboutResolution No. 074-26 - Resolution - Right of Entry Parcels 32 and 33 Link Bus Rapid Transit
RESOLUTION
Amending Property Acquisition Authorization for the LINK Bus Rapid Transit
Project J8707.
WHEREAS, by Resolution 014-24, dated January 2, 2024, the Common Council of the City
of Rochester authorized the acquisition of real property interests needed to construct,
operate, and maintain the LINK Rapid Transit Project, Project J8707 (“Project”); and
WHEREAS, by Resolution 014-24, the Common Council found it reasonable, necessary
and for a public purpose in furtherance of the Project to acquire the real estate interests
identified in Exhibit A to that resolution (“Acquisitions”); and
WHEREAS, by Resolution 183-24, the Common Council found it reasonable, necessary
and for a public purpose in furtherance of the Project to acquire the additional real estate
interests identified in Exhibit A-2 to the that resolution (“Amended Acquisitions”); and
WHEREAS, during the course of the Project it was discovered that additional easements
would be required from Parcels 32 and 33 for the purpose of relocating power lines that
conflicted with a Project element; and
WHEREAS, the Common Council 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-3, attached (“Second Amended Acquisitions”); and
WHEREAS, the Common Council finds that title to and possession of the Second Amended
Acquisitions is required before the filing of the final report of the condemnation
commissioners to be appointed by the district court; and
WHEREAS, the conflict between the power lines and Project element is impacting the
Project schedule and time is of the essence; and
WHEREAS, the Common Council finds that the conflict and resulting Project schedule
impacts constitute exceptional circumstances under 49 C.F.R. § 24.102(j) authorizing the
City to obtain a right of entry for construction purposes before making payment for the
Second Amended Acquisitions; and
WHEREAS, the owner of Parcels 32 and 33 has agreed to provide the City a right of entry
pursuant to the Early Access Agreement (St. Mary’s – RPU Line & Mayo Electrical Line
Relocation) (“Early Access Agreement”) attached as Exhibit B; and
WHEREAS, the City has engaged independent real estate appraisers to provide the City
with the appraiser’s opinion of damages caused by the City’s taking or purchase of the
Second Amended Acquisitions; and
WHEREAS, City staff and consultants will continue to work with the property owner to
purchase the Second Amended Acquisitions if possible;
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that:
1. City ownership of the Second Amended Acquisitions 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 Second Amended Acquisitions by direct purchase and, if necessary,
through the exercise of eminent domain;
3. The proper City officers and agents are authorized and directed to enter into the Early
Access Agreement, subject to modifications approved by the City Attorney and the
City Engineer;
4. The City Administrator is authorized to approve the appraised values for the Second
Amended Acquisitions for the purposes of using the “quick take” procedure under
Minn. Stat. § 117.042;
5. The Strategic Initiatives Director is authorized to directly purchase, and to settle the
takings of, minor Second Amended Acquisitions with a total value of $50,000 or less;
6. The City Administrator is authorized to directly purchase, and to settle the takings of,
Second Amended Acquisitions with a total value above $50,000, in amounts no
greater than 15% above the approved appraised value;
7. 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 Second Amended Acquisitions 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 , 2026.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2026.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
EXHIBIT A-3
Second Amended Acquisitions
Parcel 32 Right of Entry Site Plan
Parcel 33 Right of Entry Site Plan
EXHIBIT B
Early Access Agreement
(St. Mary’s – RPU Line & Mayo Electrical Line Relocation)