HomeMy WebLinkAbout4I - Right of Way Acquisition
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
4 (i)
LARRY ANDERSON, DIRECTOR OF PUBLIC WORKS
CONSIDER AUTHORIZATION TO DEPOSIT 75% OF APPRAISAL WITH
SCOTT COUNTY COURTS FOR RIGHT OF WAY ACQUISITION FOR
PIKE LAKE TRAIL AND CARRIAGE HILLS PARKWAY
JUNE 20, 1994
The Council authorized eminent domain proceedings in accordance with
Minnesota Statutes Chapter 117 for the Carriage Hills Parkway and Pike
Lake Trail improvement projects. Quick Take Method of eminent domain
proceedings is being used and accordingly authorization is needed to
deposit with the Scott County Court seventy-five percent (75%) of the
City's appraisal value for the parcels being taken.
The City Council on December 20, 1993 authorized eminent domain
proceedings for right of way acquisition for Carriage Hills Parkway and
Pike Lake Trail. The Quick Take Method of condemnation is being used.
The City Attorney Glenn Kessel had Scott County Abstract and Title Inc.
update the abstract of the properties to determine the legal ownership.
An appraisal was completed by Richard Marks of Universal Valuation
Services, Inc. of Shakopee for the parcels. The next step in the process
is to have the Court determine the Public Need for the projects. Once the
public need is established, the City must deposit seventy-five percent
(75%) of the City's appraisal with Scott County Court, and then the City
can take possession of the land within ninety (90) days of the deposit.
Upon determination of Public Need, the Court will appoint Commissioners
to determine the actual value of the taking. It is anticipated that
possession will be taken on or about October 1, 1994, at which time
grading will commence on Carriage Hills Parkway.
The appraisal amount for the parcels being taken is $46,930, and the
amount of deposit required is $35,197.50.
Larry Anderson and Ralph Teschner met with Leo and Helen Vierling
again, after eminent domain was authorized, to negotiate the required
easements but were unsuccessful. Since that time, we have been
contacted by the Vierling's attorney Patrick Kelly of Bannigan & Kelly, P.A.
for information. Staff will concurrently proceed with the eminent domain
proceedings, and will try to resolve this matter with Patrick Kelly.
At this point, the City has no viable options but to continue with the
eminent domain proceedings, and to continue negotiations with the
property owners.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPfl(jRTUNITY EMPLOYER
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The land acquisition cost will be initially paid from the Street Collector Fee
and ultimately reimbursed with Municipal State Aid Funds.
RECOMMENDATION: The recommendation is to authorize staff to deposit $35,197.50 with the Court
once the Public Need has been established, and to authorize staff to offer the
appraisal amount of $4.6,930.00 to the property owners Ed, Leo and Helen
Vierling.
ALTERNATIVES: The alternatives are as follows:
1. Approve depositing seventy-five percent (75%) of the appraisal
amount with the Court, and offering the appraisal value to the
property owners.
2. Deny depositing seventy-five percent (75%) of the appraisal
amount with the Court and provide staff with direction on land
acquisition.
3. Table this item for a specific reason.
FINANCIAL IMPACT:
The land acquisition costs will be reimbursed by Municipal State Aid
Funds with initial funding from the Street Collector Fund.
Make a motion as part of the Consent Agenda to approve depositing
$35,197.50 with Scott County Court for eminent domain proceedings for
land acquisition for Carriage Hills Parkway and Pike Lake Trail, and to
offer the appraisal amount of $46,930.00 to the property owners as
defined in t praisa!.
ACTION REQUIRED:
CC620.ENG
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