HomeMy WebLinkAbout4.C.2 Authorize the Acquistion of Certain Property for the Valley Park Business Center Improvement Project No. 2013-6, Res. No. 7378 Consent Business 4. C. 2.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 11/19/2013
SUBJECT: Authorize the Acquisition of Certain Property for the Valley Park Business Center
Improvement Project No. 2013-6, Res. No. 7378 (D,E)
Action Sought
Adopt Resolution No. 7378, a resolution authorizing eminent domain proceedings for the Valley
Park Business Center Improvements Project No. 2013-6.
Background
Previously, Council ordered the Valley Park Business Center improvements on June 18, 2013.
Also Council approved plans for advertisement for bids on July 16, 2013 with bids received on
August 16, 2013 and Council awarding a contract on August 20, 2013.
One easement is needed for the completion of Innovation Boulevard North which is Outlot E,
Valley Park 1 st Addition and owned by Conklin Co. Inc. Staff has been unsuccessful in obtaining
an easement from Conklin and needs to initiate condemnation proceedings in order to have the
property for next spring's construction and completion date of the project.
Attached to this memo is a drawing showing Outlot E, Valley Park 1st Addition, drawing
showing the design of the public road and previous agreement between Conklin and Shiely on the
use of the private roadway.
Recommendation
Offer Resolution No. 7378, a resolution authorizing eminent domain proceedings for the Valley
Park Business Center Improvements, and move its adoption.
Budget Impact
Cost of right of way acquisition is a project cost and per developer's agreement can be assessed to
Opus and Emerson.
Relationship to Vision
This supports goals D, "Maintain, improve and create strong partnerships with other public and
private sector entities" and E, "Deliver effective and efficient public services by a staff of
well-trained, caring and professional employees".
Requested Action
Adopt Resolution No. 7378, a resolution authorizing eminent domain proceedings for the Valley
Park Business Center Improvements Project No. 2013-6.
Attachments: conklin/shiely agreement
RESOLUTION NO. 7378
Easement Drawing
Easement Location
f EASEMENT AGREEMENT
EASEMENT AGREEMENT, made and entered into as of
this 6 day of February, 1987, by and between CONKLIN COMPANY,
INC. , a Minnesota corporation ("Conklin") , and J. L. SHIELY
COMPANY, a Minnesota corporation ("Shiely") .
WHEREAS, Conklin is the fee owner of certain real
property legally described as follows (the "Conklin Property") :
See Exhibit "1" attached hereto.
WHEREAS, Shiely is the fee owner of certain real
property legally described as follows (the "Shiely Property") :
See Exhibit '2" attached hereto.
WHEREAS, there exists an improved driveway which is
used oy both Shiely and Conklin, which is located on portions of
the Shiely Property and on portions of the Conklin Property;
WHEREAS, Shiely and Conklin wish to execute this
Easement Agreement to memorialize the easements granted over
their respective properties for the driveway purposes described
above;
NOW, THEREFORE, in consideration of One Dollar and
other good and valuable consideration ($1.00) , the receipt and
sufficiency of which is hereby acknowledged, Conklin and Shiely
hereby agree as follows:
1. Grant of Driveway Easement . Conklin hereby grants
Shiely and its successors and assigns, as an easement
appurtenant to the Shiely Property, a perpetual easement for
ingress and egress, over, under and across that portion of the
Conklin Property legally described on the attached Exhibit "A" .
Shiely hereby grants Conklin, its successors and assigns, as an
easement appurtenant to the Conklin Property, a perpetual
easement foi ingress and egress over, under and across that
portion of the Shiely Property legally described on the attached
Exhibit "B" .
2. Use of the Driveway Easement. Use of the driveway
easement is not confined to present uses of the Conklin Property
or the Shiely Property, the present buildings thereon, or
present means of transportation. Exclusive use of the driveway
easement property is not hereby granted. The right to use the
driveway easement property, likewise for ingress or egress, is
expressly reserved by Conklin and Shiely. Both parties agree
that vehicles shall not be parked on the driveway easement
property except so long as may be reasonably necessary to load
and unload. All costs of maintenance and repair of the driveway
easement property shall be borne eq,sally by the parties. Both
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parties agree to submit the drive,..�y easement property for
dedication to the City of Shakopee for its use as a public
street, provided, that no party, by its execution of this
Easement Agreement, agrees to pay any additional fees or the
costs of any additional improvements required as a condition to
such dedication.
3 . General Conditions . All provisions of this
Easement Agreement, including the benefits and burdens, run with
the land and are binding upon and inure to the successors and
assigns of the parties hereto. Whenever a transfer of ownership
of either parcel takes place, liability of the transferor for
breach of covenants occurring thereafter automatically
terminates. The rule of strict construction does not apply to t'
this grant . This grant shall be given a reasonable construction
so that the intention of the parties to confer a commercially
usable right of enjoyment is carried out.
IN WITNESS WHEREOF, the parties hereto have executed
this Easement Agreement as of the date first written above.
J. L. SHIELY COMPANY ;
By ,--_
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CONKLIN COMPANY, INC.
By
Its ✓ .ze� f GF/:9
STATE OF MINNESOTA )
�ff ) SS.
COUNTY OF 7�L�!'�c� )
The foregoing instrument was acknow dg d before me
this day of . 1987, by
the . o .�e�J. L. Shiel. Company a Minnesota
corporation, on behalf of the corporate n.
TAaY c,,y;,6_;4NNEX)ThY
Notary Publi l HENroeax: ecuh.Y
My Ccmmie.on Exp:.cs lulY v, 1969.
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. STATE OF MINNESOTA ) -
SS.
COUNTY OFr
The foreg ing instrument was a afore me
this day, of , 1987, by znxi.r-a.V
the v. C D o Conklin Company, Inc. , a Minnesota
corporation, on behalf ofutle corporation.
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---a�--PENNI: SMITH 4�
Notary Pub is ' „
A�1, NOTARY
Pbe;.tC r::,caa':SOIh .
WNN riN !Ci:nTY
TAY
THIS INSTRUMENT DRAFTED BY:
BEST & FLANAGAN (GDS)
3500 IDS Center
Minneapolis, Minnesota 55402
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EXHIBIT "I"
LEGAL DESCRIPTION
` Lots 1, 2 and 3, Block 5, Valley Park First Addition, according to the plat thereof
on file and of record in the office of the Registrar of Titles, Scott County,
Minnesota.
Outlot E, Valley Park First Addition, according to the plat thereof on file and of
record in the office of the Registrar of Titles,Scott County, Minnesota.
That part of the West 200.00 feet, as measured at right angles to the West line
thereof of the Southeast Quarter of Section 3, Township 115, Range 22, lying
Southerly of the Southeasterly extension of the Northeasterly line of Lot 1, Block
5, Valley Park First Addition, and lying northerly of the Easterly extension of the
Southerly line of Lot 3, Block 5, Valley Park First Addition, Scott County,
Minnesota.
EXHIBIT "2"
That part of the Southeast 1/4 of Sect ion; 3, Township 115, Range
22 lying Southerly of the
Chicago, ! St. Paul, Minneapolis and
Omaha right of way, gxcepti'ng that-; part of the West 200.00 feet ,
as measured at right' anglesto the West iine thereof , of the
Southeast Quarter of^ Section 3; Township 115, Range 22,; lying
Southerl of .the Southeasterly extension `
y of the Northeasterly '
line of Lot 1, Block 5 , Valley Park First Addition, and lying
Northerly of the Easterly extension.'-of. the Southerly line of Lot
3 , Block 5, Valley Park First Addiltion, Scott County, Minnesota.
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C. E. COULTER a AsswffE
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It PROFESSIONAL REGISTERED SURVEYORS
REeisrwa w ommaWA &WISCOMM LXVOW a cay OF NPONA"M
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3300 UNDALE AVE. SO. MINNEAPOLIS, MINN. 65408
'TELEPHONE 612-824-0370
PROPOSED ROADWAY EASEMENT
FROM CONKLIN COMPANY, INC. TO J. L. SHIELY CO.
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An easement for roadway purposes over and across Ouclot E,
VALLEY PARK FIRST ADDITION, according to the plat thereof on
file and of record in the office of the Registrar of Titles,
Scott County, Minnesota.
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Exhibit A
I HEREBY CERTIFY THAT THIS $URKy6.PLA*,OR RtMMT W" ►REFAMD W
YE OR EoMWW:A- ft THAT I AN A DW RMSTCRID
SURVFU k KF"F ECT
vbnl it T4 LA*1i BT. of MN
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C. E. COULTER 81 ASSOCIATES, INC. 2
XM A. PETERM PRMR R Lm 4R. r
PROFESSIONAL REGISTERED SURVEYORS s
REa1STEREO IN maINESOTA i MSCOWN UCONEO w CRY a MOR.t,
3300 LYNOALE AVE. $0. MN NEAPOLISR MILAN. 66409
'TELEPHONER 6i2-.U4-0370
PROPOSED ROADWAY EASEMENT
FROM J. L. SNIELY CO. TO CONKLIN COMPANY, INC.
That part of the West 200.00 feet, as measured at a right
angle to the West line thereof, of the Southeast Quarter of
Section 3, Township 115, Range 22 lying Southerly of the
Southeasterly extension of the Northeasterly line of Outlot
E, VALLEY PARK FIRST ADDITION, according to the plat thereof
on file and of record in the office of the Registrar of
Titles and lying Northerly of the Southeasterly extension of h
the Southwesterly line of said Outlot E: Scott County,
Minnesota.
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11 l ti Sbal oird Avenue
peeM nnesots 55379
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Exhibit B ~ l = S AM
I HERESY CE"FV THAT THIS SURVEY,PLAN.OR REPORT W PREPARED BY CUOR CONIQ Iti COMPANY
we on WWR NIREOT SVPERWS m AND THAT 1 AO A OVLY KNOTEM
URVE1f THE lA O THE S OP DIN ApS N0. lO.H32 MCA,
RE0. RO. 1 .'79 t WL/PO.3Lo01/1HO+ : :_OHM 1.
DAT �'
RESOLUTION NO. 7378
A Resolution of the City of Shakopee,Minnesota,
Authorizing the Acquisition of Certain Property
By Proceedings in Eminent Domain
WHEREAS, the City of Shakopee is a municipal corporation organized and operating
under Minnesota law, and is authorized by Minnesota Statutes Sections 412.211 and 465.01 to
acquire private property for an authorized public purpose, using the procedure prescribed by
Minnesota Statutes, Chapter 117; and
WHEREAS, the City Council has determined that the City needs to improve the streets
within Valley Park Business Center, ("Project") in order to improve safety and accommodate
future traffic growth; and
WHEREAS,the City has identified the need to acquire certain real property described on
attached exhibits for purposes of construction of the Project; and
WHEREAS, the City authorized an extension agreement with WSB & Associates, Inc.
to design the improvements associated with this project on June 18, 2013; and
WHEREAS, the City approved the Intersection Layout on July 16, 2013 as presented by
WSB &Associates, Inc., and
WHEREAS, WSB &Associates, Inc. will be obtaining an appraisal; and
WHEREAS, should the City's efforts to acquire the subject property interests
(easements)through direct purchases thereof fail, it will become necessary to acquire the subject
property interests through the condemnation authority granted the City in the Minnesota Statutes;
and
WHEREAS, to complete construction of the Project in the spring of 2014, the City will
require title and possession of the subject property interests prior to the filing of an award by the
court appointed commissioners pursuant to the provisions of Minnesota Statutes, Section
117.042:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS:
1. Acquisition by the City of the Property identified on Property Exhibits — is
necessary, convenient and reasonable for the purpose of constructing the Project.
Official offers shall be made to the property owners prior to any condemnation
action.
2. The City Council deems it necessary in order to meet the anticipated construction
schedule for the Project to acquire title to and possession of the Property prior to the
filing of a final report of commissioners, in accordance with Minnesota Statutes,
Section 117.042.
3. The City Attorney is authorized and directed on behalf of the City to acquire
temporary and permanent easements for street, sidewalk, utility and drainage
purposes for the Project by the exercise of the power of eminent domain pursuant to
Minn. Stat. Chapter 117, and is specifically authorized to notify the owners of intent
to take possession pursuant to Minn. Stat. Sec. 117.042.
4. The City Engineer is authorized to approve the appraised value for the Property if
the City Engineer determines that the appraisal adequately reflects the fair market
value of the Property.
5. The City Attorney further is authorized to take all actions necessary and desirable to
carry out the purposes of this resolution.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of 2013.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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- 701 Xenia Avenue South,Suite 300 Valley Park Business Park WSB Prged No. 01811.32 Date:11/14113
Minneapolis,MN 55416
B B ..wsnengy Easement parcel Sketch Parcel No. 1
tr Aesxiae+,Ix.
]61d4+�N0'In) V70D City of Shakopee, Minnesota
INFRASTRUCTURE-ENGINEERING-PI MNG I CONSTRUCTION
A proposed permanent right of way easement over all of Outlot E,Valley Park First Addition, as is on
file in the office of the County Recorder,Scott County, Minnesota.
A proposed temporary construction easement over that part of Lot 1, Block 1,Conklin Addition,
according to the recorded plat thereof,which lies northerly of the following described line:Commencing
at the Northwest corner of said Lot 1;thence South 05 degrees 29 minutes 36 seconds West, assumed
bearing along the west line of said Lot 1, 10.16 feet,to the point of beginning of said line to be
hereinafter described;thence South 74 degrees 13 minutes 54 seconds East, parallel with the north line
of said Lot 1,267.86 feet;thence South 15 degrees 46 minutes 06 seconds West, 10.25 feet;thence
South 74 degrees 13 minutes 54 seconds East, parallel with the north line of said Lot 1, 80.00 feet;
thence North 15 degrees 46 minutes 06 seconds East, 10.25 feet;thence South 74 degrees 13 minutes
54 seconds East, parallel with the north line of said Lot 1, 113.34 feet to the east line of said Lot 1 and
said line there terminating.