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Home My WebLink About10C - Park Property Acquisition AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 17, 1998 ~ laC \ FRANK BOYLES, CITY MANAGE~ 1c CONSIDER APPROVAL OF RESOLUTION 98-XX AND RESOLUTION 98-XX AUTHORIZING CONDEMNATION OF PROPERTY FOR PARK PURPOSES. Historv On January 21, 1997, voters in the City of Prior Lake approved a $7.8 million Park and Library Bond Referendum. Two of the projects within the referendum were Lakefront Park and development of a Community Park Athletic Complex. The Lakefront Park project included the acquisition of property adjacent to the park presently owned by John and Meda Kop. The Athletic Field Complex project required the acquisition of a 70-100 acre property for development. Current Circumstances Since the referendum, the staffhas contacted the owners of20 candidate properties throughout Prior Lake to acquire for development of the Community Park Athletic Complex. Our efforts to acquire suitable property have been unsuccessful. We have identified a 94+/- acre tract owned by the Menden family which is well suited locationally and geographically to our needs. Despite numerous contacts with the property owners we have been unable to reach an agreement for land acquisition. A considerable amount of discussion has taken place between the Kops, family representatives and the City. The acquisition of this property is a key step in relocating the access to the Lakefront Park road as set forth in the Lakefront Park Master Plan previously adopted by the Council. Issues The staff recognizes that the City Council would prefer to acquire property without resorting to condemnation. The staff believes we have exhausted every other option to acquire these parcels and the only 162(}o.<BaQ1N~'ek<1NRP$ffiC~~'Ocmn372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4:e45 AN EQUAL OPPORTUNITY EMPLOYER remaining option is condemnation. We will continue to work toward purchase of the properties as the condemnation process proceeds. Conclusion The City is obligated by passage of the referendum to complete these voter approved projects. The only way to acquire the properties needed to complete the projects appears to be condemnation. ALTERNATIVES: The Council has the following alternatives: 1. Adopt Resolution 98-XX and Resolution 98-XX authorizing condemnation of the two properties recognizing that the staff will continue to try to negotiate the purchase of each. 2. Defer action on the resolutions. RECOMMENDED MOTION: Alternative 1. Adopt both resolutions. Once the resolutions are adopted and filed, the staffwill request a special meeting with the City Council to further discuss the issues associated with these park project acquisitions. I:\COUNCIL\AGNRPTS\CONDEM.DOCKirsten aden 2 08/12/98 WED 14: 55 FAX 612 452 5550 CAMPBELL ~002 L11 i OF PRIOR LAKE SCOTT COUNTY , MINNESOTA RESeLUTlON 98-XX RESOLUTION AlanORlZING CONDEMNATION OF PROPERTY FOR PARK PURPOSES WHEREAS. on April 11, 1996 the City Council of Prior Lake approved the Lakefront Park Master Plan which included the land legally described in Exhibit A referred to herein as the Kop property; and WHEREAS, on January 21, 1997 voters in the City of Prior Lake passed a $7.8 Dollar bond referendum for library and park purposes which included funds for the acquisition of the Kop Farm; and WHEREAS, the City Council of the City of Prior Lake does hereby detennine that it is necessary and for a public purpose to acquire the property described on the attached Exhibit A for public park land; and WHEREAS. the City has been unable to acquire the property through negotiation with the landowner; and NOW, THEREFORE, be it resolved by the City Council of the City of Prior Lake, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Stature Chapter 117 to acquire the property described on the attached Exhibit "A II , 2. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. PASSED and ADOPTED this _ day of ,1998. NO YES Mader Kedrowski Schenck Wuellner Mader Kedrowski Schenck Wuellner Petersen Petersen (Seal) Frank Boyles, City Manager 65070 08/12/98 WED 14:56 FAX 612 452 5550 CAMPBELL ~00.3 EJu:tlbIT A That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 115, Range 22, Scott County, Minnesota described as: Beginning at the Southeast comer of said Section 35; thence Westerly along the Southerly line of said Section 35, a distance of 1449.00 feet; thence Northerly and parallel with the Easterly line of said Section 35 a distance of 462.00 feet; thence Easterly and parallel with the southerly line of said Section 35 a distance of 1449.00 feet to the Easterly line of said Section 35; thence Southerly along said Easterly line a distance of 462.00 feet to the point of beginning. Which lies northwesterly of State Trunk Highway No. 13, as monumented. And That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota which lies westerly of State Trunk Highway No. 13, as monumented, and which lies westerly of the centerline of Old Trunk Highway 13 and lying northerly of the following described parcel: All that part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota as described as follows: Beginning at the Northeast corner of Block 9, in the original plat of Prior Lalce; thence South 74 degrees 41 minutes 00 seconds East, along the North line of said original plat of Prior Lake a distance of 69.7 feet to the center line of Old Trunk Highway No. 13; thence Northeasterly along said center line to a point said being North 48 degrees 48 minutes 00 second East and distance 515.7 feet [lun.l the previous described point: thence North 59 degrees 57 minutes 48 seconds West a distance of 355.83 feet; thence West to the West line of said Northeast Quarter of the Northeast Quarter; thence South along said West line to the North line of said Block 9; thence South 74 degrees 41 minutes 00 seconds East along said North line to the point of beginning. 65070 - ., .'i' 08/12/98 WED 15:16 FAX 612 452 5550 CAMPBELL ~002 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA RESOLUTION 98-XX RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY FOR PARK PURPOSES MOTION BY: SECONDED BY: W~REAS, on January 21, 1997 voters in the City of Prior Lake passed a $7.8 Dollar bond referendum fOf library and park purposes which included funds for a community athletic complex; and W.tl~REASt the City Council of the City of Prior Lake does hereby det';'.I.llJne that it is necessary and for a public use and purpose to acquire the property described on the attached Exhibit "A" for public park land; and \\'.l1,1:1;REAS, the City has been unable to acquire the property through negotiation with the landowner; and NOW, l.nr..REFORE, be it resolved by the City Council of the City of Prior Lake, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire fee title to the property described on the attached Exhibit A. 2. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. PASSED and ADOPTED this day of ,1998. YES NO .. Mader Kedrowski Schenck: Wuellner ~etersen Mader Kedrowski Schenck Wuellner Petersen ---.-,~'.- I (Seal) Frank Boyles, City Manager 65067 08/12/98 WED 15:16 FAX 612 452 5550 CAMPBELL ~oo:; EXHlBIT A Parcel ID 119040080 Legal 17.61 ACRES IN SECT-04 TWP-1l4 RNG-022 PIa NW 1/4 NW 1/4 COM 132' W OF NE COR, S 66', W 476.74', S 320', SW 913.98' TO S LINE OF NW 1/4 NW 1/4, W 515' TO E UNE OF W 121.16', N 1232.90', W 124.24' TO W LINE OF NW 1/4 NW 1/4 Parcel ID 119040081 Legal 9.12 ACRES IN SECT-04 TWP-114 RNG-022 PIO NW lf4 NW 1/4 COM NE COR, S TO SE COR, W 398.94' t N 721.64 NE 554.13', NE 554.13', N 129.99' TO N LINE, E 66' TO POB Parcel rD 119040082 Legal 3.47 ACRES IN SECT-04 TWP-1l4 RNG-022 PIa NW 1/4 NW 1/4 COM SW COR E 121.16', N 1232.90', W 124.24' TO W tiNE, S TO POB Parcel ill Legal 11904008~ 9.01 ACRES IN SECT-04 TWP-1l4 RNG-022 P/O NW 1/4 NW 1/4 COM 398.94' W OF SE COR, W 283.66', NE 913.98', N 320', E 476.74', N 66', E 66', S 129.99', SW 554.13', S 721.64' TO POB Parcel ID Legal 119050010 9.58 ACRES IN SECT-OS TWP-114 RNG-022 GOVT LOT 1 LYING E OF A LINE COM 323.60' S OF NE COR OF LOT 4, SW 380.43" SW 2347.11' TO S UNE OF LOT 1 AT PT 554.40' W OF SE COR & Th~KE TERM. & LYING W OF A UNE COM 184.42' Parcel ID Legal 19050011. 5.28 ACRES IN SECT-OS TWP-114 RNG-022 P/O GOVT LOT 1 COM SE COR, W 184.42', NE 1233.15" E 49.34' N 66', E 66', S 66', E 66'. TO E LINE, S TO POB Parcel ID 119050012 Legal .10 ACRES IN SECT-OS TWP-1l4 RNG-022 N 66' OF E 66' OF GOVT LOT 1 65067 '" Yo. ., 08/12/98 WED 15:16 FAX 612 452 5550 CAMPBELL ~004 parcel ill 259320171 Legal 1.37 ACRES IN SECT-32 TWP-115 RNG-022 32 115 22 1.37 66' STRIP IN GOVT LOT 4, THE W LINE DESCRIBED AS COM 132' W OF SE COR, N 751.74' NE APPROX 185' TO ELINE Parcel ID 259320172. Legal 1.50 ACRES IN SECT-32 lWP-115 RNG-022 32 115 22 1.50 66' STRlP IN GOVT LOT 4, THE E LINE DESCRIBED AS COM 132' W OF SE COR, N 751.74', NE APPROX 185' TO E UNE Parcel In 259330011 Legal .88 ACRES IN SECT-33 TWP-115 RNG-022 33 11522 .88 E 66' OF SW 1/4 SW 1/4 LYING S OF CL OF HWY 81 Parcel ID 259330012 Legal .87 ACRES IN SECT-33 TWP-1l5 RNG-022 33 115 22 .87 66' STRIP IN SW 1/4 SW 1/4 Parcel ID 259330013 Legal .99 ACRES IN SECT-33 TWP 115 RNG-022 33 115 22 .99 W 66' OF E 132'. OF SW 1/4 SW 1/4 LYING S OF CL OF RD 81 Parcel ID 259330014 Legal .74 ACRES IN SECT-33 TWP-1l5 RNG-02233 115 22 .7466' STRIP IN SW 1/4 SW 1/4 Parcel In 2.59330015 Legal 16.88 ACRES IN SECT-33 TWP-115 RNG-022 SW 1/4 SW 1/4 EX 2.74A, 5.94A, .74A, .87A, .88A, .99A, llA. 65067