HomeMy WebLinkAbout12-184 Welcome Industrial Land Acquisition
4646 Dakota Street SE
Pr ior Lake, MN 55372
RESOLUTION 1 2 - 184
A RESOLUTION AUTHORIZING AND DIRECTING CITY REPRESENTATIVES TO MAKE OFFERS OR
USE THE POWER OF EMINENT DOMAIN TO ACQUIRE CERTAIN LANDS, EASEMENTS, AND OTHER
RIGHTS AND INTERESTS FOR THE PURPOSE OF THE CONSTRUCTION FOR THE WELCOME
INDUSTR IAL PARK IMPROVEMENT PROJECT
Motion By: Hedberg Second By: Erickson
WHEREAS, the City Council of the City of Prior Lake, MN (“City”) is the official governing body of the
City of Prior Lake, Scott County, Minnesota; and
WHEREAS, the City of Prior La ke, a Minnesota municipal corporation, acting by and through the City
Council, is authorized by law to acquire real estate which is needed for public use or
purpose; and
WHEREAS, the City of Prior Lake intends to construct infrastructure improvements al ong Welcome
Avenue from Credit River Road to the dead end and along Credit River Road from
Industrial Circle to 170 Street , together with associated improvements ; and
th
WHEREAS, t he construction of the Project will require the acquisition of various lan ds, easements,
and other rights and interests in the City; and
WHEREAS, City representatives have been in contact with or have met personally with
representatives of the Owners of each of the Parcels and have attempted to explain the
need for each of th e partial takings; and
WHEREAS, the City has retained independent fee appraisers to determine the just compensation due
to each of the Owners; the City will make offers to purchase the needed rights and
interest from each of the Owners; the offers to pu rchase are based on the certified,
appraised value of just compensation; and each Owner shall receive a copy of the
appraisal report used as the basis for the City’s offer; and
WHEREAS, the City desires to acquire the necessary properties and easements through negotiation
with the owners; and
WHEREAS, the Project construction schedule contemplates that work would begin in the spring of
201 3 ; and
WHEREAS, it is necessary that the City have title and possession to the necessary right of way
interest for the Project before the construction contracts may be let; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the
interest of the public health, safety, and general welfare of the citizens of the Ci ty that title
and possession of the lands, easements, and other rights and interested described on the
attached Exhibit A be acquired for the purposes of the Project ; and
WHEREAS, the City Council finds that the construction schedule for the Project mak es it necessary to
acquire title and possession of the lands, easements, and other rights and interests
described on the attached Exhibit A prior to the filing of the final report of the
condemnation commissioners to be appointed by the district court.; an d
NOW THEREFORE , BE IT HEREBY RESOLVE D BY THE CITY COUNCI L OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. It is the considered judgment of the City Council that title and possession of the lands, easements, an d
other rights and interests described on the attached Exhibit A be acquired for the stated public purpose
for constructing the Project and that these rights and interests be acquired through a negotiated
purchase and, if necessary, through the exercise of the power of eminent domain and the use of the
quick - take procedure
3. The City Manager and the City Attorney are authorized and directed to take all steps necessary to
acquire the lands, easements, and other rights and interests described on the attached Ex hibit A by
filing an action in eminent domain and by the use of the quick - take procedure pursuant to Minnesota
Statutes, Section 117.042
PASSED AND ADOPTED THIS 13 DAY OF NOVEMBER 2012 .
TH
YES NO
Myser Myser x
Erickson x Erickson
Hedberg x Hedberg
Keeney Keeney x
Soukup x Soukup
______________________________
Frank Boyles, City Manager
2