HomeMy WebLinkAbout5M - Breezy Point Rd. Utilities
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
ALTERNATIVES:
RECOMMENDED
MOTION:
October 18, 2004
5M
Bud Osmundson, Public Works Director
CONSIDER APPROVAL OF A RESOLUTION APPROVING ACQUISITION OF AN
EASEMENT FROM SCHWEICH/SPIELMAN FOR THE BREEZY POINT ROAD
UTILITIES AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE ALL PURCHASE DOCUMENTS
Historv: The City's 2004 Reconstruction Project, City Project No. 04-11, included the
reconstruction of street and utilities on Breezy Point Road. The City's sanitary
sewer, storm drain and watermain end on Lot 16 owned by Cy Schweich and
Kathleen Spielman (in Spielman's name on Scott County records). The Breezy
Point plat was recorded in 1923 and does not contain the details required on today's
plats.
Current Circumstances: The details missing from the plat leave it unclear where the
City's easement ends on Lot 16. The sanitary sewer and watermain when first
installed in the 1970's were on Lot 16 with no resolution to the clarity of easement
rights. We are clarifying this situation now by acquiring the needed easement for
the sanitary sewer, storm drainage and watermain.
City Attorney Pace and I have negotiated the purchase of the easement as
described in the attached easement agreement (to be provided by the City
Attorney). The purchase price for the easement is $5 per square foot plus other
considerations bringing the total amount $5,500.00.
This purchase is important in that it clarifies a situation that has been under a cloud
for over 30 years.
(1) Approve a Resolution Authorizing the Acquisition of a permanent easement
from Cy Schweich and Kathleen Spielman at a cost not to exceed $5,500.00
and authorizing the Mayor and City Manager to execute the necessary
documents.
(2) Take no action.
Alternative (1).
MOTION BY:
SECOND BY:
WHEREAS,
the City Council ordered the City 2004 Reconstruction Improvement Project (City
Project #04-11), which included the reconstruction of street and utilities on Breezy
Point Road; and
WHEREAS,
the City's sewer and watermain utilities have been located on Lot 16 of the Breezy
Point Addition in an area that there is a question whether or not it is in a City
easement; and
WHEREAS,
staff and property owners have successfully negotiated terms for the purchase of
the appropriate 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 and temporary easements is hereby approved, and funds for this
purchase shall be drawn from the Construction Account Fund in an amount not to exceed
$5,500.00.
3. The Mayor and City Manager are hereby authorized to execute all necessary documents to
effectuate the closing of the transaction.
Passed this 18th day of October 2004.
YES
NO
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal }
Frank Boyles, City Manager
C:\Documents and Settings\KellyM\Local Settings\Tem~~cPrh<€IFn~CS\8f~TFAWenda approve Schweich purchase. DOC
Phone 952.447.4230 / Fax 952.447.4245