HomeMy WebLinkAbout8B - Carriage Hill Parkway & Pike Lake Trail 93-109
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
8B
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER AUTHORIZATION OF EMINENT DOMAIN
PROCEEDINGS RESOLUTION 93-109 FOR THE CARRIAGE
HILLS PARKWAY & PIKE LAKE TRAIL
DECEMBER 14, 1993
DATE:
INTRODUCTION:
The purpose of this Agenda item is to authorize eminent domain
proceedings in accordance with Minnesota Statutes Chapter 117
for the Carriage Hills ParkwaylPike Lake Trail improvement
project. Approval of Resolution 93-109 is in order for
authorization of the eminent domain proceedings.
BACKGROUND:
On March 15, 1993, the City Council adopted Resolution 93-16
ordering the preparation of plans for several City projects. One
project approved was for the construction of Carriage Hills
Parkway from CSAH 21 to Pike Lake Trail.
MSA Consulting Engineers, the City's engineering consultant, was
authorized to prepare plans for the project Part of the project
involves the acquisition of right-of-way and easements to construct
the street and utility improvements. The acquisitions needed are
on two (2) parcels commonly known as the "Leo Vierling" and
"Grassini-Grothe" parcels in the north half of Section 26.
This item was tabled by the Council from the June 21, 1993
Council Meeting as Staff believed that the easement could be
negotiated without pursuing condemnation. Despite our efforts,
negotiations for an agreement for land acquisition has not been
reached with the Vierling's and Staff believes that the land
acquisition cannot be obtained without condemnation.
Since the June 21, 1993 Council Meeting, Staff has been meeting
with developers on the Grassini-Grothe parcel whom desire to
develop the parcel as "Knob Hill." Development of the parcel will
require the extension of Carriage Hills Parkway and the
reconstruction of Pike Lake Trail to a major collector. Both of
these roadway improvements will require additional right-of-way
and/or slope easements from Leo and Helen Vierling and the
Grassini-Grothe parcel. The developers of the Grassini-Grothe
parcel will provide the necessary right-of-way in order to develop
the property. No plat approval will be given without the
4629 Dakota 51. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
DISCUSSION:
right-of-way being dedicated to the City.
Staff is requesting that eminent domain proceedings be authorized
by the Council. Resolution 93-109 is enclosed for Council action
on this procedure. Attached to Resolution 93-109 are the
preliminary drawings of the land acquisitions needed for both
Carriage Hills Parkway and Pike Lake Trail.
Eminent domain proceedings are authorized under Minnesota
Statute 117 and is for public entities in obtaining land for public
purposes. Carriage Hills Parkway is a major collector for the City
that has been identified for several years and would eventually
connect CSAH 21 to CSAH 18. Pike Lake Trail has also been
identified as a major collector connecting Carriage Hill Parkway to
CSAH 42. From Staff's discussions with Strgar-Roscoe-Fausch
Traffic Engineers, in conjunction with the Transportation Plan, it
was concluded that Pike Lake Trail was needed as a major
collector in this area. Additional right-of-way and slope easements
are needed to widen and construct the roadway.
When proceeding with eminent domain proceedings, the court will
determine if the City has a public purpose for the land and if a need
is demonstrated the court will appoint commissioners to determine
the amount of the award for land acquisition.
Staff is proposing eminent domain proceedings for Carriage Hills
Parkway along the plat of Carriage Hills, the proposed plat of
Knob Hill, and for Pike Lake Trail in order to have one
condemnation proceeding and avoid duplication of administrative
and legal costs by having separate condemnation proceedings.
RECOMMENDATION: The recommendation is for the Council to approve Resolution
93-109 to authorize eminent domain proceedings on the Carriage
Hills Parkway project.
ALTERNATIVES: The alternatives are as follows:
FINANCIAL IMPACT:
ACTION REQUffiED:
AGENSE.WRT
1. Approve Resolution 93-109.
2. Deny Resolution 93-109 for a specific reason and provide
Staff with direction on land acquisition.
3. Table this item for a specific reason.
The Carriage Hills Parkway from CSAH 21 to Pike Lake Trail will
be paid for by a combination of Municipal State Aid Funds and
Construction Funds which were included in the 1993 General
Obligation Improvement Bonds and by the developers of Knob
Hill and Wensmann Townhomes for those portions I1Q1
programmed in the 1994 Capital Improvement Program.
The Council should approve Resolution 93-109.
RESOLUTION 93-109
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS
IN ACCORDANCE WITH MINNESOTA STATUTES CHAPTER 117
MOTION BY:
SECONDED BY:
WHEREAS.
plans for Project #93-02. Carriage Hills Parkway. future Carriage Hills Parkway
in the Grassini/Grothe parcel and Pike Lake Trail from Carriage Hill Parkway to
CSAH 42 require the acquisition of certain property interests for the construction
and installation of grading, sanitary sewer. watermain. storm sewer, aggregate
base, concrete curb and gutter, bituminous surfacing. sidewalk, landscaping, and
appurtenant work improvements associated therewith for public purposes, and
WHEREAS,
private negotiations may not be successful in acquiring the necessary required
interests in said property for the needed public purposes, and
WHEREAS
it may be necessary to commence eminent domain proceedings under Minnesota
Statutes Chapter 117 for the acquisition of certain land interests for the purposes
of completing the above project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR
LAKE, MINNESOTA, that authorization is hereby granted to such City officials and agents as necessary
to acquire temporary and perpetual easements for street, utility, and drainage purposes with the right to
install, repair, maintain, alter, add or remove, replace, said utilities and to install and maintain said roads,
on, over or across a portion of the lands described in and attached hereto as Exhibit "A".
Passed and adopted this th day of ,1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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EXHIBIT" A"
EASEMENT PARCEL NO. 1 BEING PART OF:
The Southwest Quarter of the Northwest Quarter and the Southeast Quarter of the
Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota.
EASEMENT PARCEL NO.2 BEING PART OF:
The West Half of the Southeast Quarter of Section 26, Township 115, Range 22, Scott
County, Minnesota
EXHIBA.WRT