HomeMy WebLinkAbout5L TH13-150th Land Acquisitions ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 17, 2018
AGENDA #: 5L
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF
AGENDA ITEM: CONSIDER ADOPTION OF A RESOLUTION APPROVING A SETTLEMENT
AGREEMENT RELATING TO THE LAND ACQUISITIONS REQUIRED FOR THE
TH13/150TH STREET PROJECT
GOAL AREA AND
OBJECTIVE:
Transportation and Mobility
5.Focus on key corridors that take advantage of collaboration with state and
county projects.
DISCUSSION: Introduction
The TH13/150th Street Project (“Project”) has been completed. The City has
acquired a number of properties and easements for the Project. The City has now
reached agreement with the Rothmeyers for the final easements needed for the
Project.
Current Circumstances
The City acquired a slope easement and a temporary construction easement
through a condemnation petition. The City has negotiated a payment for those
easements. The City has also negotiated for the acquisition of and payment for a
storm sewer pipe easement and an emergency stormwater overflow easement.
The City staff and attorney recommend that the Council approve this settlement
with the Rothmeyers.
FINANCIAL
IMPACT:
The City has already paid $152,200 to the Rothmeyers as part of the
condemnation. This settlement includes an additional $232,800 to settle the
condemnation and acquire the additional easements. The additional funds will be
drawn from the construction fund.
ALTERNATIVES: 1.Motion and second as part of the consent agenda to adopt a resolution
approving a settlement agreement relating to takings for the TH13/150th Street
Project.
2.Motion and a second remove this item from the consent agenda for additional
discussion.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS 1.Resolution
2.Settlement agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION APPROVING A SETTLMENT AGREEMENT RELATING TO THE
LAND ACQUISITIONS REQUIRED FOR THE TH13/150TH STREET PROJECT
Motion By: Second By:
WHEREAS, the City has acquired a number of properties and easements for the now
completed TH13/150th Street Project (“Project”);
WHEREAS, the City has now reached agreement with the Rothmeyers for the final easements
needed for the Project;
WHEREAS, through a condemnation petition the City obtained a temporary construction
easement and a slope easement over the Rothmeyers’ property. In addition, through negotiation the
City has reached agreement to acquire a utility pipe easement and an overflow drainage easement;
WHEREAS, in exchange for all of the easements and a release of all other claims related to
the Project, the City has agreed to pay the Rothmeyers a total of $385,000 . The attached Settlement
Agreement details the terms of the settlement;
WHEREAS, The City has already paid $152,200 to the Rothmeyers as part of the
condemnation. This settlement includes an additional $232,800 to settle the condemnation and
acquire the additional easements.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Council approves the settlement with the Rothmeyers and authorizes the City Manger and
Mayor to execute the Settlement Agreement.
3. The additional funds in the amount of $232,800 will be drawn from the construction fund.
Passed and adopted by the Prior Lake City Council this 17th day of September, 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
___________________________
Frank Boyles, City Manager