HomeMy WebLinkAbout15.A.2. Initiating Condemnation Proceedings for Shutrop Property-Res. No. 6194
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CITY OF SHAKOPEE
MEMORANDUM
CONSENT
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig, Parks, Recreation, and Facilities Director
Meeting Date: January 18, 2005
Subject: Initiating Condemnation Proceedings for Shutrop Property-
Resolution No. 6194
INTRODUCTION
City Council is asked to adopt Resolution No. 6194, a Resolution of the City of
Shakopee, Minnesota, Determining the Necessity For and Authorizing the Acquisition of
Certain Property by Proceedings in Eminent Domain. This resolution rescinds Resolution
No. 6172, which had the incorrect property information.
DISCUSSION
The first step of the condemnation process, the city is required to provide the property
owner notice by resolution of the intent to acquire property by eminent domain.
Resolution No, 6194 provides this notice.
If the city chooses not to proceed with this acquisition at some point in the future, the city
can abandon the eminent domain process. This resolution rescinds Resolution No.
6172, which had the incorrect property information.
REQUESTED ACTION
City Council is asked to offer Resolution No. 6194, a Resolution of the City of Shakopee,
Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain
Property by Proceedings in Eminent Domain and Rescinding Resolution No. 6172, and
move its adoption.
RESOLUTION NO. 6194
A Resolution Of The City of Shakopee, Minnesota, Determining
The Necessity For And Authorizing The Acquisition Of Certain
Property By Proceedings In Eminent Domain and Rescinding Resolution No. 6172
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 acquire certain
property in order to plan for future parks and a future fire station; and
WHEREAS, by Resolution No. 6172 the City Council determined the necessity for and
authorized the acquisition of certain property by eminent domain for such purposes; and
WHEREAS, Exhibit A to Resolution No. 6172 contained an incorrect description of the
property that was to be acquired by eminent domain and therefore Resolution No. 6172 needs
to be rescinded; and
WHEREAS, the City has identified the correct description of the property that it needs to
acquire and that parcel of land is described on the attached Exhibit A ("Property") for such
purposes; and
WHEREAS, the City has been unable to successfully negotiate the acquisition of the
Property.
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 described on Exhibit A is necessary,
convenient and reasonable for the purpose of meeting the City's needs for future
parks and a fire station.
2. The City Attorney is authorized and directed on behalf of the City to acquire the
Property by the exercise of the power of eminent domain pursuant to Minn. Stat.
Chapter 117.
3. The City Attorney further is authorized to take all actions necessary and desirable to
carry out the purposes of this resolution.
4. . Resolution No. 6172 is rescinded.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2005.
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Mayor of the City of Shakopee
ATTEST:
City Clerk
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EXHIBIT A
(Description of Property)
6865 EAGLE CREEK BLVD
SHAKOPEE MN 55379
PJD:279140171
SECT-14 TWP-115 RNG-022 GOVT LOT 2, SE1/4 NW1/4, & P/OSW1/4 LYING N OF CO RD
16
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