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HomeMy WebLinkAboutRes. 21-058Resolution 21-058 Resolution of Necessity for Acquisition of Real Property for Public Highway Project WHEREAS, the City of Brookings is constructing an Interstate 29 Interchange, known as the 1-29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the "Project"), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (1-29), and includes portions of 20th Street South in the City of Brookings and over 1-29; and 214th Street, from 1-29 to 473rd Avenue in the County of Brookings; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, acquisition of the land for right of way and temporary easements must be completed; and WHEREAS, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; {04286199.1} NOW THEREFORE, BE IT HEREBY RESOLVED: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31-19-23: Right of Way: Lot H1 and Lot H2 in R'Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment "8". Said Lot H1 containing 0.02 acres (916 sq. ft.), more or less. Said Lot H2 containing 0.71 acres (30738 sq. ft.), more or less. Description of land to be acquired for temporary easements ("T.E."): A parcel in R'Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment "A". Said T.E. containing 1.0 acre (43167 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Passed and approved on the 13th day of July, 2021. ATTEST: {04286199.1} Parcel 1 LEGEND Attachment B PLAT OF LOT H1 AND LOT H2 in R'Surene Morgan Farm Addition to the County of Brookings in Government Lot 4 of the Northwest Quarter (NW1/4) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acqu ir ed for highway purposes for construction Project EM 0295(45)130 Scale: 1 inch= 300 feet ____ Bearing ________ Length _ _ _ Chord ____ Radius_ L1 S 01 '32'53" E 106.79' IZ!= existing right of way L2 N 86'47'23" W • found R.O.W. comer L3 N 49"18'57"W o set R.0.W. comer L4 N 86 "47'23" W C1 N 89'25'40" W 22.21 ' 63.00' 412 .18' 364.95' 364.82' 3963.33'L Existing R.0.W. containing 1.46 ac. 63793 sq ft, & found P.L.S.S. comer LS t, set P.L.S.S. comer L6 © calculated comer L7 LB ■ found property comer L9 D set property corner 1111 not used for boundary location L10 L11 L12 S 87"56'04" W S 42'40'56" W S 87 "18'00" W N 02'42'00" W N 87 '57'09" E S 02 '17'55" E S 87'18'30" W N 02'42'00" W SW1/4 157.50' 42.61' 3.66' 37.92' 1035.79' 412.01' 0.78' 412 .00' more or less N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 / ~ 48~~~6"06" E N 87 '52'40" E _.;, N 87'56'06" E 149.96' -•:,----- N 87'57'12" E N 87 '51'o~• E/: -------Section Line -----1181 .36' ------.:.:..:-------------~ IJL.:,,..=====::t:'--=--1069.31'~.Present 20th Street South:: -217.51 -• --------_ - ;_--:c"'-32.99' ----L4 ·---------, ,,•L1 S 01'47'59" E L:r'-·,,. LotH2 R'surene Morgan Farm Addition L2·'': :w containing 0.71 ac. 30738 sq. ft. ~~ ~N Ne, O>. more or less LotH1 containing 0.02 ac. : 6-109-49 : N 177974.46 916 sq. ft. more or less :01/4Cor. \ E 2814747.89 : 1/4 Line . -------I :": I ~- \ rl \ 1:1 \, "'33 11' \ Note 1: The coordnate5. bearings, dstan~ and a,eas shown on this plat are based on the South Dakota ~~a~~:~: ~~~ifr!~~1i~~~ - ..,-, o : "' Government Lot4 --1.5 --------, I I I I / / LotH1 / .,,, Block 1 Mills Third Addition 30' Access Easement Outlot 1 LotH1 \, \ \ \ I I I I I .,,. "' I ; ~/ :/ :,, C: ::; ~ 150' t 150' Geold 18 SF 0.9999557940 Note 2; All monumentation wi ll be set upon project completion , --~J~L~U~----Cate: NWN Date: 01/19/2021 01/19/2021 SURVEYOR'S CERTIFICATE NATHAN W NIEi SON , Registered Land Surveyor, in and for the State of South Dakota , do hereby certify that as ordered by the South Dakota Department of Tran sportation the parcel of land as shown on this plat has been surveyed at my direction and under my control, and such parcel of land shall be hereafter known by the lot number designated herein . The location and dimens ions of the parcel are shown on this plat ln witness whereof, I have hereunto set my hand and seal this ____ day of __________ , 20 __ . OFFICE OF REGISTER OF DEEDS Stale of South Dakota County of _____ 55 Registered Land Surveyor Registration No.~ Filed for record the __ day of _______ , A.O., 20 __ at _____ M., and recorded In Book of Plats ___ on Page _____ there in. L 020V Register of Deeds by Deputy 010p SE1/4 OUTLOT 1 BROOKINGS LOT1 RICHARD PRICE FIRST ADDITION Sec. 1 -T109N -R50W 1! ::; ~ ., C. e a.. Sec. 31 -T110N-R49W BAJ JQ81 2.J19'i-001 STAlEOF ''°"'"' , •, • ,, • --~ -<.., ..;•...c ,_• r, L, •,,,,.::.!..,;.;!Jo;_;.;...,-~,~~,,:.<., ..... ...,.•<,,, Co ,,, 0 ,, ,-,.·..<.,-~..:..~-~r;' ...... r;<.,.r,,_,,,,. ,,. ,,,..,,.'"7 ,~. ,,,,,~,,,,,,,,, '(,,,,,,,, ,...,,,,.L,....,..,....!.t.,,_,,;_, ,,. ,,L.,_,_,~---'-~-~--~--_,. ,, -~,. ,,,,. ,,,,,,,,,,,,,, R'SURENE MORGAN FARM ADDITION John H. Mills R'Surene Morgan Farm Addition to the County of Brookings in Government Lot 4 of the NW1/4 at Section 6 -Township 109 North -Range 49 West of the 5th P.M. Parcel 1 D.73iic:°R.o.w. Taking (31654 sq fl) more or less Sec. 6 -T109N -R49W Parcel 1 501+00.00 (22nd Ave) R to 21 +07.20 (20th St) R Temporary Easement containing 1.0 ac. (43167 sq fl) more or less Temporary Ea s ement Right-of-Way Acquisition LEGEND ----Exi sting Control of Access -0--Proposed Control of Access TT, City Limits '°"'" CW<O TA EM 0295(45)130 Proposed Chaparral Drive SKEET --=-='""\ \ 1 Government Lot 4 TO T,ll .!!:_EET_S -✓ '