HomeMy WebLinkAbout9C - Commerce/Boudin Easement
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 7, 2003
AGENDA #: 9C
PREPARED BY: Bud Osmundson, Director of Public Works
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING
ACQUISITION OF PARCELS FROM THE ASSEMBLY OF GOD
CHURCH AND B.C. BURDICK FOR THE BOUDIN/COMMERCEITH 13
PROJECT, CITY PROJECT NO. 02-05 AND AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS FOR THE PURCHASE.
DISCUSSION: History: The City's Capital Improvement Program has long called for the
construction of a new intersection on TH 13 between Boudin Street and
Commerce Avenue to provide safer TH 13 access to this area. The new
intersection requires the acquisition of portions of the Assembly of God
Church and B. C. Burdick properties between Commerce and Boudin.
Plans and specifications and a Memorandum of Understanding with the
City of Savage were approved at the May 19 City Council meeting. The
staff has been in the process of acquiring the right-of-way needed to
complete the roadway. The Council authorized condemnation of the two
parcels on April 21, 2003. The staff has nonetheless continued to
negotiate the acquisition of the required properties.
Current Circumstances: The Assembly of God Church of Prior Lake owns
the property on the north side of Boudin Street, adjacent to TH 13. B. C.
Burdick owns the property on the south side of Commerce Avenue,
adjacent to TH 13, and abutting the Church property. The project requires
both a permanent right of way and temporary construction easement from
both properties.
Terms agreed upon with the Church for the acquisition of the required
property include:
· $6.00 per square foot for 71,349 square feet of permanent right of
way.
· $0.50 per square foot for 20,636 square feet of temporary
easement.
· $8,000 as a lump sum payment for the removal! moving of the
lighted sign on the property.
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APPROVE CH BURDICK PURCHASE2.DOCAN EQUAL OPPORTUNITY EMPLOYER
· $85,000 as a lump sum payment for any and all severance
damages to the Church property.
The total cost to the City for the Church parcel is $531,412.
Terms agreed upon with representatives from the B. C. Burdick property
for the acquisition of the required property include:
· $6.00 per square foot for 18,233 square feet of permanent right of
way.
· $0.50 per square foot for 8,192 square feet of temporary easement.
· $12,000 as a lump sum payment for the removal/ moving of the
lighted sign on the property.
The total cost to the City for the Burdick parcel is $125,494.
ISSUES:
The value of the permanent right of way is in accordance with our
appraisal. These purchases are also important as it will not require
additional court costs and time through the condemnation process.
ALTERNATIVES: (1) Approve a Resolution Authorizing the Acquisition of parcels from the
Assembly of God Church and B. C. Burdick for the
Boudin/Commerce/TH 13 Project, City Project No. 02-05, and
authorizing the Mayor and City Manager to execute the necessary
documents.
(2) Take no action.
RECOMMENDED
MOTION: Alternative (1).
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APPROVE CH BURDICK PURCHASE1.DOC
RESOLUTION 03-xx
RESOLUTION AUTHORIZING THE ACQUISTION OF PARCELS FROM
ASSEMBLY OF GOD CHURCH AND BC BURDICK FOR
THE BOUDIN/COMMERCEITH 13 PROJECT, CITY PROJECT NO. 02-05
AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
pursuant to Resolution 03-87, the City Council approved the Plans
and Specifications and a Memorandum of Understanding with the
City of Savage for the Boudin/Commerce/TH 13 Improvement
Project (City Project No. 02-05); and
the City Council has previously determined that permanent right of
way and temporary easements across the Assembly of God Church
and B. C. Burdick properties (the legal descriptions of which are
attached), are necessary for public purpose for the construction of
the roadway improvements; and
on April 21,2003, the City Council initiated a condemnation action
for the necessary property interests by Resolution 03-63; and
prior to completing the condemnation action, staff and property
owners have successfully negotiated terms for the purchase of said
right of way and temporary easement interests.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. The acquisition of the permanent right of way and temporary easements is
hereby approved, and funds for this purchase shall be drawn from the Collector
Street Fund in an amount not to exceed $656,906.00.
3. The Mayor and City Manager are hereby authorized to execute all necessary
documents to effectuate the closing of the transaction.
4. Upon execution of the easement documents, the City Attorney is hereby
authorized to remove said parcels from the condemnation action.
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AN EQUAL OPPORTUNITY EMPLOYER
Passed this rh day of July 2003.
YES
NO
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal}
Frank Boyles, City Manager
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