HomeMy WebLinkAbout4H - Ring Road
CITY COUNCIL AGENDA REPORT
DATE: June 17, 2002
AGENDA#: 4H
PREPARED BY: Bud Osmundson, Public Works Director
SUBJECT:
DISCUSSION:
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE
INITIATION OF EMINENT DOMAIN PROCEEDINGS WITH REVISED
LEGAL DESCRIPTIONS FOR THE PROPERTY REQUIRED FOR RIGHT
OF WAY FOR THE RING ROAD, CITY PROJECT NO. 01- 01, LOCATED
AT 16760 TORONTO AVENUE, PID NO. 25 - 902 - 021- O.
HISTORY: On December 17, 2001, the City Council approved a resolution to
authorize the initiation of eminent domain, or quick take proceedings, to acquire the
right of way needed for the Ring Road from the property located at 16760 Toronto
Avenue, which is the Priordale Mall property. Since that time we have revised the
street alignment to accommodate the purchase of the required right of way on the
Borka property. The street alignment shift caused a change in the legal description of
the required right of way at 16760 Toronto. We had also hoped to work with a
receiver firm to negotiate acquisition of the needed right of way, but we were
subsequently advised that they had no authority. to enter into such negotiations.
Negotiations are further complicated by the fact that this property is in foreclosure
and will be subject to a sheriffs sale on July 15. The purpose of this item is to re-
authorize the initiation of eminent domain proceedings with the revised legal
description.
CURRENT CIRCUMSTANCES: Our previous street alignment did not affect the
Hollywood property, which is under the same ownership as the Priordale Mall.
However, the realignment does affect the southeast comer of the Hollywood site. We
have had the revised right of way re-appraised and the valuation is $164,700 for the
28,933 square feet (sf) of right of way and temporary easement, plus $102,500 for
damages/severance, for a total of $267,200, exclusive of the newly created
developable parcel, but including the Priordale Mall and Hollywood properties. This
is up from our previous appraisal of $229,000, but still a significant difference from
the previously received counteroffer of $818,000 from the owners of the property,
TEP Systems
CONCLUSION: We can continue to negotiate with TEP Systems for the property
through the eminent domain process, but there may continue to be significant
differences in opinion of the value of the property needed for the project. Therefore,
we are recommending that we move forward with the revised eminent domain
proceedings to acquire the property in question.
Agenda for~GtiM~cA1il.alVBe$tegStsE., Prior Lake, Minnesota 55372 / Ph. (952) 440-9675 / Fax (952) 440-9678
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
Minnesota Statutes provide cities with the authority to acquire property for public
purposes such as roadway construction. One form of property acquisition is quick-
take, eminent domain. This form of acquisition requires the City Council to adopt a
resolution which is filed in Court, and to deposit a cash amount with the Court equal
to the appraised value of the property. Ninety days after the resolution is filed and the
deposit made, the title to the property becomes the City's. A Court proceeding is
subsequently conducted to determine the value of the property acquired by the City.
The acquisition of the subject property does not negatively impact the Priordale Mall.
The subject property has remained vacant and unused as parking space. The parking
area is in need of significant repair and reflects years of neglect. This acquisition will
actually create a new developable parcel for the property owner abutting the ring road
and Toronto Avenue.
Acquiring the property is a necessary predicate to constructing the Ring Road. The
Ring Road is necessary to relieve local traffic pressure from TH 13 and provide
immediate access to parcels within this commercial district. The Ring Road will
facilitate development and redevelopment of this commercial/retail area.
ALTERNATIVES:The alternatives are as follows:
1. Approve a Resolution authorizing the initiation of eminent domain proceedings with
revised legal descriptions for the property required for right of way for the Ring
Road, City Project No. 01 - 01, located at 16760 Toronto Avenue SE, Pill No. 25 _
902 - 021- O.
2. Table the resolution for a specific reason.
3. Deny the Resolution.
RECOMMENDED
MOTION: Staff recommends Alternative 1 described above. The Council has already made the
decision to acquire the property through eminent domain. This action simply changes
the legal descriptio of the subject property.
Agenda for pd mall condemn revised legals
RESOLUTION
A RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY
FOR ROADWAY PURPOSES
Motion By:
Second By:
WHEREAS, on December 17, 2001, the City Council adopted Resolution 01-143 authorizing the
condemnation of property located at 16760 Toronto Avenue (PID 25-902-021-0) for
roadway purposes and authorizing the City Attorney to commence condemnation
proceeding; and
WHEREAS, subsequent to passage of Resolution 01-143, the City realigned the configuration of the
roadway; and
WHEREAS, said reconfiguration required a new legal description being defined for the property subject
to the eminent domain proceeding; and
WHEREAS, the City Council of the City of prior Lake does hereby determine that it is necessary and for
public purpose to acquire the property described on the attached Exhibit "A" for roadway
purposes; and
WHEREAS, the City has been unable to acquire the property through negotiation with the landowner.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA
that:
1. The recitals set forth above are incorporated herein.
2. The City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota
Statutes Chapter 117 to acquire the property described on the attached Exhibit "A".
3. The Mayor and the City Manager are authorized to execute all documents necessary, in the opinion
of the City Attorney, to effect the acquisition of the necessary property interests.
PASSED AND ADOPTED THIS 1rh DAY OF JUNE, 2002.
Haugen Haugen
Gundlach Gundlach
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
City Manager, City of Prior Lake
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1 I
PROPOSED LEGAL DESCRIPTIONS FOR THE PARCELS TO BE ACQUIRED
BY THE CITY OF PRIOR LAKE FOR THE RING ROAD PROJECT
(PARCEL 5)
That part of the West half of the Southeast Quarter of Section 2, Township 114, Range
22, Scott County, Minnesota, described as follows:
Commencing at the Southeast comer of Lot 1, Block 1, Brooksville Center 2nd Addition,
according to the recorded plat thereof in said County, thence North 11 degrees 28
minutes 19 seconds West, assumed bearing along the Easterly line of said Lot 1, a
distance of 10.51 feet to the point of beginning; thence continuing North 11 degrees 28
minutes 19 seconds West, along said East line, a distance of 73.09 feet; thence Easterly
and Northeasterly a distance of 128.67 feet along a non-tangential curve concave to the
North having a radius of 279.00 feet and a central angle of 26 degrees 25 minutes 27
seconds, the chord of said curve bears North 76 degrees 34 minutes 37 seconds East to a
point of compound curvature; thence Northeasterly a distance of 74.79 feet along a
tangential curve concave to the Northwest having a radius of 431.67 feet and a central
angle of 09 degrees 55 minutes 38 seconds; thence North 53 degrees 26 minutes 16
seconds East, tangent to the last described curve, a distance of 129.08 feet; thence North
49 degrees 37 minutes 24 seconds East a distance of214.83 feet to its intersection with a
line drawn parallel with and distant 875.00 feet West of the East line of said West-half of
the Southeast Quarter; thence South 00 degrees 47 minutes 09 seconds East, along said
parallel line; a distance of 79.70 feet; thence South 49 degrees 37 minutes 24 seconds
West a distance of 306.57 feet; thence Southwesterly a distance of 224.54 feet along a
tangential curve concave to the Northwest having a radius of 330.00 feet and a central
angle of 38 degrees 59 minutes 06 seconds to the point of beginning.
And also that part of said West Half of the Southeast Quarter of Section 2, Township 114,
Range 22, Scott County, Minnesota, described as follows:
Commencing at a point on the East line of said West Half of the Southeast Quarter distant
977.13 feet North of the Southeast comer thereof; thence West at right angles from said
East line a distance of 700.00 feet; thence North at right angles and parallel with the said
East line of the West Half of the Southeast Quarter a distance of200.00 feet to the actual
point of beginning; thence West, deflecting to the left 90 degrees 00 minutes 00 seconds,
a distance of 87.58 feet; thence Northeasterly, a distance of 91.07 feet to its intersection
with a line drawn parallel with and distant 700.00 feet West of said East line of the West
Half of the Southeast Quarter, and distant 25.00 feet North of the point of beginning as
measured along said parallel line; thence South along said parallel line a distance of
25.00 feet to the point of beginning.
Also which lies within the following temporary easements for construction purposes:
Page 1 of2
A strip ofland 5.00 feet in width over that part of said West half ofthe Southeast Quarter,
the Southeasterly line of which is contiguous with the Northwesterly line of the first
above described parcel.
And also a strip of land 5.00 feet in width over that part of said West-half of the
Southeast Quarter, the Northwesterly line of which is contiguous with the Southeasterly
line of the first above described parcel.
And also a strip of land 5.00 feet in width over that part of said West half of the Southeast
Quarter, the Southeasterly line of which is contiguous with the Northwesterly line of the
second above described parcel.
Said temporary easements to expire
Note: This is not a legal document. It is intended only to present the information to
prepare the necessary documents for the acquisition of the easements described
above by proceedings in eminent domain or negotiation.
Page 2 of2
C:\WINDOWS\Ternporary Internet Files\OLKA282\Parce15A.doc
T
Section 2, Township 114,
Commencing at the Southeast corner of Lot 1, Block 1, Brooksville Center 2nd
Addition, according to the recorded plat thereof in said County, thence North 11
degrees 28 minutes 19 seconds West, assumed bearing along the Easterly line of
said Lot 1, a distance of 10.51 feet to the point of beginning; thence continuing
North 11 degrees 28 minutes 19 seconds West, along said East line, a distance of
73.09 feet; thence Easterly and Northeasterly a distance of 128.67 feet along a non-
tangential curve concave to the North having a radius of 279.00 feet and a central
angle of 26 degrees 25 minutes 27 seconds, the chord of said curve bears North 76
degrees 34 minutes 37 seconds East to a point of compound curvature; thence
Northeasterly a distance of 74.79 feet along a tangential curve concave to the
Northwest having a radius of 431.67 feet and a central angle of 09 degrees 55
minutes 38 seconds; thence North 53 degrees 26 minutes 16 seconds East, tangent
to the last described curve, a distance of 129.08 feet; thence North 49 degrees 37
minutes 24 seconds East a distance of 214.83 feet to its intersection with a line
drawn parallel with and distant 875.00 feet West of the East line of said West-half of
the Southeast Quarter; thence South 00 degrees 47 minutes 09 seconds East, along
said parallel line; a distance of 79.70 feet; thence South 49 degrees 37 minutes 24
seconds West a distance of 306.57 feet; thence Southwesterly a distance of 224.54
feet along a tangential curve concave to the Northwest having a radius of 330.00 feet
and a central angle of 38 degrees 59 minutes 06 seconds to the point of beginning.
And also that part of said West Half of the Southeast Quarter of Section 2, Township
114, Range 22, Scott County, Minnesota, described as follows:
Commencing at a point on the East line of said West Half of the Southeast Quarter
distant 977.13 feet North of the Southeast corner thereof; thence West at right
angles from said East line a distance of 700.00 feet; thence North at right angles and
parallel with the said East line of the West Half of the Southeast Quarter a distance of
200.00 feet to the actual point of beginning; thence West, deflecting to the left 90
degrees 00 minutes 00 seconds, a distance of 87.58 feet; thence Northeasterly, a
distance of 91.07 feet to its intersection with a line drawn parallel with and distant
700.00 feet West of said East line of the West Half of the Southeast Quarter, and
distant 25.00 feet North of the point of beginning as measured along said parallel
line; thence South along said parallel line a distance of 25.00 feet to the point of
beginning.
Also which lies within the following temporary easements for construction purposes:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
DN: 134463 AN EQUAL OPPORTUNITY EMPLOYER
And also a strip of land 5.00 feet in width over that part of said West half of the
Southeast Quarter, the Southeasterly line of which is contiguous with the
Northwesterly line of the second above described parcel.
Said temporary easements to expire
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
ON: 134463
AN EQUAL OPPORTUNITY EMPLOYER
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