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CITY COUNCIL AGENDA REPORT
June 24, 2002
2B
Teresa Gumerman, Legal Assistant
Suesan Lea Pace, City Attorney
CONSIDER APPROVAL OF HOUSEKEEPING MEASURE RELATING TO
NORTHWOOD ROAD IMPROVEMENT PROJECT (CITY PROJECT 94-02).
Historv: On January 17, 1995, the City of Prior Lake authorized eminent domain
proceedings in accordance with Minnesota Statutes Chapter 117 for Project #94-02,
Northwood Road improvements from CSAH 12 to Island View Road by Resolution 95-4.
The City Attorney thereafter instituted condemnation proceedings which resulted in the
acquisition of all necessary parcels for the Northwood Road project. Project #94-02 is
now complete. As part of the condemnation proceeding, Notices of Lis Pendens were
filed against certain properties to provide notice that that particular property may be taken
by eminent domain. After the condemnation was completed, these Notices should have
been discharged from the properties that were not taken by eminent domain. They were
not. This is a routine housekeeping measure and the purpose for this agenda item.
Current Circumstances: On March 6, 2002, the City was informed by a City resident that
a Notice of Lis Pendens from the Northwood Road condemnation had not been
discharged. Upon review of the file, it was discovered that the simple housekeeping
measure of discharging all of the outstanding Notices of Lis Pendens had not been
completed. Without a discharge, these parcels have a cloud on their title, which affect the
owners' ability to sell their property.
The City Council should consider whether to authorize the City Attorney to discharge all
outstanding Notices of Lis Pendens filed in connection with the Northwood Road project.
The alternatives are as follows:
1. Motion to approve the authorization to the City Attorney to discharge all outstanding
Notices of Lis Pendens.
2. Deny authorization to the City Attorney and provide direction to the City Attorney.
Motion and Second to authorize the City Attorney to discharge all outstanding Notices of
Lis Pendens in connection with City Project 94-02.
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
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