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Home My WebLink About4.C.1. Authorizing the Acquistion of Certain Property for Vierling Dr/CSAH 17 & TH 169 North Ramps Intersection Improvement Project No. 2012-6-Res. No. 7276 11 Consent Business 4. C. 1. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director DATE: 02/05/2013 SUBJECT: Authorizing the Acquisition of Certain Property for Vierling Drive / CSAH 17 & TH 169 North Ramps Intersection Improvement, Project No. 2012 -6 - Res. No. 7276 (D,E) Action Sought Adopt Resolution No. 7276, a resolution authorizing eminent domain proceedings for Vierling Drive /CSAH 17 & TH 169 North Ramp Intersection Improvement Background Previously, Council approved the Vierling Drive /CSAH 17 intersection improvement layout on October 16, 2012. Also Council approved an extension agreement with WSB & Associates, Inc. for right -of -way acquisition services on October, 16, 2012. Additional temporary easements must be acquired to construct the intersection improvements at Vierling Drive /CSAH 17 and the TH 169 North Ramp. Staff is requesting authorization for eminent domain proceedings in order to obtain the right -of -way to meet the proposed project schedule, if negotiations fail. Right of way must be obtained before MnDOT approval can be given and before advertisement for bids. Recommendation Offer Resolution No. 7276, A resolution authorizing eminent domain proceedings for the Vierling Drive /CSAH 17 & TH169 North Ramp Intersection Improvement, and move its adoption. Budget Impact Cost of right of way acquisition is a project cost and per county cooperative agreement will be split 50/50 with the county and city cost will come from the Capital Improvement Fund. 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 Offer Resolution No. 7276, A Resolution Authorizing Eminent Domain Proceedings for the Vierling Drive /CSAH 17 & TH 169 North Ramp Inersection Improvement, Project No. 2012 -6. Attachments: Parcel 1 Parcel 2 Resolution No. 7276 S.P. 166- 020 -014 C. P. 17 -30 1425 . 1 NB CSAH 17 , I I i ) s: _,_, 1 , J . 1 mss. Y U L 1 O Q m 1 u rt i 1 N I L . a 0 / w w i > L. , 0 o 17 it J "i sue/ �, z. x / KWIK TRIP /JIFFY LURE 1522 VIERLING DR. E. 3- a 0 1 r 6 1 N co N v � 1 1 1 t. PRIVATE - ) 1 Ex, GAS mg EASEMENT D ° b E CT n _ SCALE IN FEET 60 PROJ PARCEL OWNER EXISTING R/W -- o CONSTRUCTION 1 Render Development, Inc. LIMITS n GROSS EXIST. PARCEL PROPOSED REMAINING PROP.TEMP, PROP.TEMP. TEMP, EASE. PARCEL R/W AREA NEW R/W (S.F.I PARCEL EASE. OVER EASE.(S.F.) AREA (S.F.) BEFORE AREA EX. OW (S.F.) EXISTING 06U /TRAIL IS,F.> (S.F.) (S.F.) EASE. 100,222 0 100,222 0 100,222 2,877 2,356 EXISTING 06U EASE. r CSAH 17 PROPERTY EXHIBIT E3O L_TO(J5 -N- -1 V4C 1(V C . a 0 SHAKOPEE, MINNESOTA CONSE ENGI ERS a SURVEYORS O U ANLATO, UN FARUONT, UN SLEEPY (YE, UN BURNSVILLE. UN r CITY OF SHAKOPEE, MINNESOTA M BA%TER,UN ROCHESTER.Wl IA SPENCER, So Po 166- 020 -014 Co Po 17 -30 1425 NB CSAH 17 7x Dx 0 it o A U L o , ,- o o_ I ,- T L 7 o O t Q N • N "'4 ARBY' S `" -. . °+K, 1534 VIERLING DR. E. al. a u V A • o Z vi N N >F s • E r D *. "mot U ,i Rs 0 S CALE IN FEET 60 PROJ PARCEL OWNER EXISTING R/W — P.) CONSTRUCTION 2 Render Development, Inc. LIMITS GROSS EXIST, PARCEL PROPOSED REMAINING PROP.TEMP. PROP.TEMP. TEMP, EASE. Cs. PARCEL R/W AREA NE11 R/M IS.F.I PARCEL EASE. OVER EASE. IS.F.I AREA IS.F.1 BEFORE AREA Ex. DAD (S.F.I EXISTING D6U /TRAIL 1 S.F.1 (S. F,I (S.F. 1 EASE. Illi 51,822 0 51.822 0 51,822 1,407 0 EXISTING OLU EASE. CSAH 17 PROPERTY EXHIBIT SHAKOPEE MINNESOTA 7\ E� ME -NK, I a) , CON SUI TMIG ENGWEERS •SURVEYORS O Me.t A 10, MN C AS I, MN SLEEPY EYE, MN SURNSVRNE, MN FOR: CITY OF SHAKOPEE 14l T E.TNNSEY,NN MAN. MN . MINNESOTA LMTER. N R. ON R HAS MN ROCHESTER, iNR, M a N AMES. SPENCER. ENCER,M RESOLUTION NO. 7276 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 CSAH 17Nierling Drive & TH169 North Ramp Intersections, ( "Project ") in order to improve safety and accommodate future traffic growth; and WHEREAS, the City has identified the need to acquire temporary easements over certain real property described on attached CSAH 17 property exhibits & Parcel 1 and Parcel 2 for purposes of construction of the Project; and WHEREAS, the City has applied for and has been selected for a Federal Highway Safety Improvement Project (HISP) Grant to the City in the amount of One Million, One Hundred and One Thousand, Six Hundred Dollars ($1,101,600.00) (the "grant ") to fund the intersection improvements project, conditioned on, among other requirements, the City's commencement of construction of the project before March 31, 2014; and WHEREAS, the City authorized an extension agreement with WSB & Associates, Inc. to acquire right of way associated with this project on October 16, 2012; and WHEREAS, the City approved the Intersection Layout on October 16, 2012 as presented by Bolton & Menk, Inc., and WHEREAS, WSB & Associates, Inc. will be obtaining appraisals from Patchin, Messner, Dodd & Brumm and appraisal review from Kelly Lindstrom who is a certified general appraiser; and WHEREAS, official offers shall be made to the property owners based on the certified appraised values, and property owners will receive a copy of the appraisal, prior to any condemnation action and 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 begin 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 CSAH 17 Property Exhibits — Parcel 1 & 2 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 and offers will be based on certified appraised values. 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 permanent and temporary easements for street, highway, 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 Engineer and 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