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HomeMy WebLinkAboutRes. 21-060Resolution 21-060 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 Outlot One (1) in the Northwest Quarter (NW¼), Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, as shown on Attachment "8". Said Lot H1 containing 6.12 acres (266669 sq. ft.), more or less. Description of the control of access: No access permitted to or from Construction Station 320+12.29-75.00' L 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 Outlot One (1) in the Northwest Quarter (NW¼), Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, as shown on Attachment "A". Said T.E. containing 0.6 acres (23041 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} Attachment B PARCEL4 PLAT OF LOT H1 in Outlot 1 in the NW1/4, Section 6, T109N , R49Wof the 5th P.M., City of Brookings , LEGEND BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes for construction Project EM 0295(45)130 Seate: 1 Inch = 300 feet EZJ~ existing right of way • found R.O.W. comer 0 set R.0.W. comer .... found P.L.S.S. comer C, set P.L.S.S. comer © calculated comer ■ found property comer D set property comer ,,, not used for boundary location SW114 NWCor. 6-109-49 N 87"51'08" E ,,44.37' ~ m!~diit4 217.51'r--- N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 N 87'52'40" E N 87"56'06" E 149.96'-,s::: ---'''' ',,,:! N 87'56'06" E N 87°57'12" E --,'-----.H---·--------;_;_:Section Line _Jrf•_-_::_:.-_::_:-c_:::==ct-:---=--1069.32.'..:::Present 20th Street South--- -=1181.36'------.:.;.:-··----------• "' "' R'surene Morgan Farm Addition Government Lot 4 Bearing Length Chord Radius L1 S 03"18'19" E 1006.97' L2 S 88'1 3'28" W 17.90' C1 N 28 '08'19" W 591 .50' 587.26' 1425.00'L L3 N 40 '01'48" W 257.43' C2 N 24'55'25" W 303.20' 299.70' 575.00'R L4 N 87"55'52" E 529.01' Government Lot 5 Government Lot 3 Block 1 Mills Third Addition 30' Access Easement ,-----------·L4------------ Outlet 1 LotH1 containing 6.12 ac. 266669 sq. ft. more or less SE114 NW1/4 ": :5 : ~: a,' "': ci: z: >-, ro' i: 0, ' x: 2: !: t .2!:w =~~ ~~g ! rn ~ Cl. "'o : (/) ,, Center I\ Note 1: The coordnates, bearing,, dstances and areas shown on this plat are based on the South Dakota ~:rtr, ~~~: ~~~~irr:~:1ifb~~ - Geoid 18 SF 0.9999557940 Note 2: All monumentation 'MIi be set upon project compl etion. SURVEYOR'S CERTIFICATE 6-109-49 : : N 178137.32 --._,,,.____ I: ,!!.4_kl~~?~--~ D,awnBy: ___ J~L~U~----Date: 01119/2021 Checked By: NWN Date: 01/19/2021 NATHAN W NIEi SON , Registered Land SuNeyor, in and for the State or South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel of land as sho'Ml on this plal has been surveyed at my direction and under my control, and such parcel of land shall be hereafter kno'Ml by the lot number designated herein. The location and dimensions of the parcel are shown on this plat. In wilness 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 Registe,ed Land Surveyor Regist1ation No.~ Filed for record the __ day of _______ , A.O., 20 __ at _____ M., and recorded in Book of Plats ___ on Page _____ therein. 020V Register of Deeds by Deputy 030p ... -----··· easement GOV ERN ME NT LOT3 Attachment A V )\ \ 7\. ____ _> BLOCK 1 Sta . 331+56 .00 -75 .00' L End New Control of Access OUTLOT 1 RCS Deve lopment In c. Parce l 4 Outlot 1 i n NWl/4 of Section 6 -Townsh i p 109 Nort h - Range 49 West of the 5th P.M . 320+12.29 to 331+56.00 -75' L Install 1,498' x 4' high ch ain link fence Parce l 4 ' 320+12 .29 to 331+58 L Temporary Easement containing 0.5 ac . (23041 sq ft), more or less \U PROJ ECT STATE OF SOUTH DAKOTA EM 0295(45)130 FILE : ... \RCS Attachment A.dgn PLOmNG DATE : 07-1 2-2021 II I I I ,, I 11 1 11 \ L-- ,, I I * I : I I 1H \\ I I I I I I I I: -0 I ~ l I ~ I I "' 11r 1: "' <l/ u u .~ ii ~ I I 0 g ~ ~ I I I [ : C 0 , I , J ~I 1 \'1 ~~/ OD C ~ ·x ,UJ : I ' I \ I I I , I I SHEET REV DATE : INITIAL: TOTAL SH EETS \' I ! lg 1 t v ..®-""" • ' b ' ) 0 100 200 I -------··· -------~ pp _________________ fl16Line ... -\ •. Q .._ >'< '\ SEl/4 NWl/4 Sec . 6-T1 09 N-R49W Sta . 25+32.10 -100.00' R Begin New Control of Acce ss ► 1-)~ SW1/4 Government Lot 4 ... <D 0 <D + <') N 33' Existing Utility Easement OUTLOT 1 RCS Development Inc. Outlot 1 in NW1/4 of Block 1 MILLS THIRD ADDITION Section 6 -Township 109 North - Range 49 West of the 5th P.M. Parcel 4 ~ R.O.W. Taking (266669 sq ft) more or less 1/16 Line Government Lot 5 -Temporary Easement BAIJ68 #2J192°-00, STATE OF "'""' OAKOT A Pbttiog0.11: LEGEND PROJECT EM 0295(45)130 07-08,.202 1 -+-Existing Control of Access -0--Proposed Control of Access 'T7'"", Citylimits Government Lot2 t "' C: :J s TO TAi. §~s -------~-------------~- S1/2 NE1/4 ' Sec. 6-T109N -R49W • \ \·.\A/4XV /V A .Y /.J " Sec. 6-T109N-R49W Parcel 4 SE1/4 NW1/4 320+12.29 L to 331+58.27 L Temporary Easement containing 0.6 ac (23041 sq ft) more or Jess