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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 .. ..J W (J a: ~ "0 ... N 1 :> 0 I Z u -i ~ Z J' I W ~ .. w 'To" ----------------- -------- ---------------------------- ...: H ! : 1 "0) ~ is I' ~ ~ c. <( :e z o - ~ o 9_ !~ r I- - m - :r: >< w i ii i. i lit .... ~ D: C Go ! &1 II r o Z ..J W (.) a: ~ ... Z w :IE ~ < W i " -1 ! r:: c z ::I ~ u , I ,. JI . II .. .~ 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