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HomeMy WebLinkAboutRes. 21-059Resolution 21-059 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 020V), (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 in Block One (1), Mills Third Addition in Government Lots Three (3) and 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 "B". Said Lot H1 containing 0.54 acres (23629 sq. ft.), more or less. Lot H2 in Block One (1), Mills Third Addition in Government Lots Three (3) and 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 "B". Said Lot H2 containing 9.42 acres (410481 sq. ft.), more or less. (See Attachment) Description of the control of access: No access permitted to or from Construction Station 25+07.36-75.00' R to Station 331+56.00-75.00' L, following the proposed Right of Way boundary and as shown on Attachment "A". Description of land to be acquired for temporary easements ("T.E."): A parcel in Block One (1 ), Mills Third Addition in Government Lots Three (3) and 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 0.3 acres (11756 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 // i,SD {04286199.1} Attachment B PARCEL3X PLAT OF LOT H1 in Block One (1), Mills Third Addition in Government Lots 3 and 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., LEGEND 1'2:J• existing right of way • 0 ... 6 © • D I\ I I I found R.O. W. comer set R.O.W. comer found P.L.S.S. comer set P.L .S.S. comer calculated comer found property comer set property comer not used for boundary locati on UNSET A! Scale: 1 inch • 50 feet .,,.,,.--~-...... / ' /· ' / l:i N 87'56'06" E \ Section Line -·-44·37' --. ,,------L1--\ I I I R'surene Morgan Farm Addition Government Lot 4 Note 1: The coordnates, bearing,, dstanee, and areas shown on this plat are based on the South Dakota ~~8~h ~;: ~d~~~bfr!~J~~1~:~. BROOKINGS COUNTY , SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes !or construction Project EM 0295(45)130 Scale: 1 Inch= 300 feet ____ Bearing ______ Length L 1 N 87'56'06" E L2 S 03'20'08" E L3 S 87'56'06" W L4 N 02'51'37" W LS N 02'51'37" W SW1/4 1181.36' 20.00' 1181.52' 20.00' 12.91' Blo ck 1 Existing R.O.W. containing 0.02 ac. 903 sq ft, more or less N1/4 Car, 6-109-49 N 180707,21 E 2817286.30 150' Mills Third Addition Government Lot 3 30' Access Easement Outlet 1 \ \ I \ ' t l 150' Geold 18 SF 0.99995579.40 Drawn By : --~J=L=U~----Date : 01/19/2021 Note 2: All monumentation v..ill be set upon project completion . Chacked By : NWN Dato: 01(1912021 SURVEYOR'S CERTIFICATE NATHAN W NIELSON , Registered Land Surveyor, In and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel ol land as shown on this plat has been surveyed at my dlredlon and under my control, and such parcel of land shall be hereafter known by the lot number designated herein. The location and dimensions ol the parcel are shO'Nl'l on th is plat In 'Mlness whereof, I have hereunto set my hand and seal this ____ day of __________ , 20 __ . OFFICE OF REGISTER OF DEEDS Stale ol South Dakota county or _____ ss Registered Land Surveyor Regi &tration No.~ Flied lor record the __ day of _______ , AO., 20 __ at _____ M., and recorded In Book of Plats ___ on Page _____ thereln. 020V Register of Deeds by Deputy 023p Attachment B PARCEL3 LEGEND PLAT OF LOT H2 in Block One (1 ), Mills Third Addition in Government Lois 3 and 4 of the Northwest Quarter (NWt/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 acquired lor highway purposes tor construction Project EM 0295(45)130 Scale : 1 Inch= 300 feet 12:J= existing right of way • 0 "' t:,. © • D (n) = I \ \ I \ found R.O.W. comer set R.O.W. comer found P.L.S.S . comer set P.L.S .S. comer calculated comer found property comer set property comer not used for boundary location ____ Bearing ______ Length ____ Chord ___ _ Radius !INSET A! Lt N87'56'06"E 1181 .36' L2 S 03 '20'08" E 20 .00' Scale : 1 inch = 50 feel L3 S 87 '56'06"W 1181 .52' L4 N 02'51 '37" W 20 .00' LS S 03'20'08" E 532 .96' L6 S 87'55'52" W 529 .00' Ct N 05 '56'29" W 77.79' 77.73' 575 .00'R L7 N 02 '03'56" W 76.36' LB N 23'35'58" W 98 .55' L9 N 70'05'26" W 208.80' L10 N 86'47'23" W 267 .90' C2 N 42 "08'55" W 39 .48' 39 .41' 187.00 'L ---·L3 --; w ~:r~m::r 2~ri:!~: Existing R.O.W. containing 0.02 ac. 903 sq ft, more or less tH2 / L13 N02'51 '37"W 12 .92' \ / Nt/4 Cor. / 6-109-49 SW1/4 N 180707.21 E 2817286 .30 NWCor. 6-109-49 •44 ·37' N 87'52'40" E N 180611 .14 N87'51'08"E J N87'56'06"E 14996'-"·---- E 2814625 '5~ B7'57'12" E 2_17_._51...,•.~-• -_-_---e-.','_._;.' -~~~-1-~~~-~~1.seclion Line--:,:!;1-------------~-::::::::::·~~ - ----.33•=1069.31'=Presenl 20th Street South--·-----------------------------L3----------------- R'surene Morgan Farm Addition Government Lot4 ---L1Q-----. Block ;-l 9·---, Government Lol3 Mills La--:_ Third L7 -< Addition Ct< LotH2 containing 9.42 ac. 410481 sq. fl. more or less Oullot 1 Note 1: The coordnates, bearings, dstan ce.s and areas shown on this plat are based on tha South Dakota ~~aAt, ~;: ~~~i1ofr!~~4tt~ - t i l \ I \ ' gi ci z I .2' :,:: ., jg I!! !! E Geoid 1 B SF 0.9999557940 Note 2: All monumentation ~!I be set upon project completion. D,awnBy: --~J..,L~U~----Date: 01/19/2021 CheckedBy: NWN Dato: 01119/2021 SURVEYOR'S CERTIFICATE NATHAN w NIFI SON , Registered Land Surveyor, in and for the Stale or Sou th Dakota , do hereby certify that as ordered by the South Dako ta Department of Transportation the parcel or land as shown on th is plat has been surveyed at my direction and under my control , and such parcel of land shall be hereafter knO'Nl"I by the lot numbe r des igna ted herein. The locati on and dimensions of the par cel are shO'Nl"I on this plal In witness whereof, I have hereunto set my hand and seal this ____ day of __________ , 20 __ . OFFICE OF REGISTER OF DEEDS State of South Dakota County of _____ ss R~stered Land Surveyor Regist ration No.~ Filed for record lhe __ day of _______ , A.D., 20 __ at _____ M ., and recorded In Book of Plats ___ on Page _____ therein. 020V Reg ister of Deeds ., Deputy 023p SCALE IN FEET al---5 0 100 200 Sta. 21+28.63 -75 .00' R Sta . 20+93.54 -31.42 ' L Begin New Control o Access Begin New Control of Access Attachment A Sec. 31-T110 N-R 4 9W 25+34, 98' R to 30+00, 160' R Install 478' x 4 ' h igh chain link fence access easement Parcel 3 25+32.10 R to 331+56.00 (Ramp C) L Temporary Easement containing 0 .3 ac. (11756 sq ft), more or less Sec. 6-Tl09N-R49W PROJECT STATE OF SOUTH DA KOTA EM 0295(45)130 FILE: ... Vacob Mills Attachment A.dgn PLOTTING DATE: 07-12 -2021 I I I I I I I I I I I Sta . 35+47.97 -162.99' L I c::::':~:"m_:_s __ {..,-... Chain link fence 3 PP I ock 1, Mills Third dition in Governme ts 3 & 4 in the N _ .. I SHEET REV DATE: INITIAL: I I 1 · TOTAL SHEETS I{ l,I ~ I ( r v l,, ( \ ( V l,, (, I ,-- I I -'~ -1 " ' I I -, I , __ Sec. 31 -T11 ON -R49W BROOKINGS 33' Existing Utility Easement 10' Existing Utility Easement SW1/4 ---------------------------- Proposed Chaparral Drive ------ Government Lot 4 · Sec. 6 -T109N R49W 30' Existing Access Easem i nt ;:g Parcel 3 · 25+32.10 (20th St) R lo ~ 331+56.00 (Ramp C) L ~ Temporary Easement containing 0.3 ac (11756 sq ft) more or less Proposed 20th lreet S BLOCK 1 10' Existing Utility Easement Block 1, Mills Third Addition in Government Lots 3 & 4 in the NW1/4 of Section 6 -Township 109 North -Range 49 West of the 5th P.M. Parcel 3 ~R.O.W.Taking (410481 sq ft) more or less Parcel 3X 0.54 ac. R.O.W. Taking (23629 sq ft) more or less 30+00 LEGEND BAJ JOB I 23192-00 STATE OF SOUTH [W(OTA ~ltlngOat•: F!O'M\ Date: ----Existing Control of Access --o--Proposed Control or Access "TT", C/tylimits