3h. Lyman Blvd Reconstruction/Lake Riley Area Trunk Utilities Project: Property Acquisition Condemnation.Adiun by City Aftnistretw
MEMORANDUM ✓ D�a
TO: Don Ashworth, City Manager
CITY OF -3-k
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
00 9AWrjMW ID CaM*WW
FROM: Charles Folch, Director of Public Works/City Engineer ' ; -,(,�
` - ?7Y
Deb SubmTtiad lo Cormol!
DATE: January 3, 1995 1- y - f!5"
SUBJ.- Authorize Property Acquisition Condemnation and Quick -Take of Property for
' Lyman Boulevard Reconstruction/Lake Riley Area Trunk Utilities
Project No. 93 -32B
' Attached please find a letter and resolution fro a city attorney's office for the acquisition of
permanent and temporary easements for the Ly oulevard Reconstruction/Lake Riley Area
Trunk Utility Improvement Project No. 93- he time duration needed for obtaining
temporary and permanent easements associate ith all mprovement project such as this can take
anywhere from a few weeks to as much as ° ' days d` _ nding on the completion of appraisals,
initiating offers to property owners and mpleting , e necessary documents. This public
' improvement project is schedule to beg' ; e 'nstruction ' to May /early June of this year. Since
it can take up to 90 days or more obtain easeme rights, it is important to begin the
acquisition process now so as to delay the cons tion of this improvement project.
Attached you will find a list of th operty owners and a ment description areas needed for
this improvement project.
It is therefore rec
the permanent an
Area Trunk U ' i .
attorney be author
take proceedings.
that the City Council authorize
negotiations and if necessary
city attorney's office to acquire
, ard Reconstruction/Lake Riley
w 012 10116n it A and that the city
atute and quick-
jms
Attachments: 1. Location map.
2. Letter from City Attorney dated January 4, 1995.
3. Sample resolution.
c: Dave Hempel, Assistant City Engineer
Gary Fuchs, Campbell, Knutson, Scott & Fuchs
Dave Mitchell, OSM
SN- g)charleaWV-pacq
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Jan 4,95 14:34 No.008 P.02
CAMPBELL, KNUTSON, SCOTT & FUC HS, P.A.
Attorney's gat I_a
Thomas J. Caitphrll
Roger N. r nut on
Thoma, A1. Saat
Ceara• Ci. Fuchs
b1ncs R. Walston
Elliott R. knetsch
Eli:ahcth A. Lun_er
An.lrra MCDOWcll r'uehler
Mr. Charles Foich
City of Chanhassen
690 Coulter. Drive
Box 147
Chanhassen, MN 55317
January 4, 1995
(6 12) 452.5' O
Fax (612) 452.5550
Re: Lyman Boulevard /Lake Riley Improvement Projects 93 -32A and 93 -32B
Dear Charles:
Enclosed herewith please find a proposed Resolution authorizing condemnation
for the Lyman Boulevard /Lake Riley Improvement Projects. It is my understanding
that you will place this matter on the City Council Agenda for the next council
meeting.
Please let me know if the Council passes the Resolution and send me a certified
copy of the Resolution as approved by the Council.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
is
GGP: cjh
Enclosure
cc: Mr. Don Ashworth
Suitc 317 6 Eogondale Office C:cnter 0 1380 C:Orlirn;ate CEittc•r {.:tine 0 Lagan, MN 55121
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Jan 4,95 14:34 No.008 P.03
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA '
RESOLUTION
Date _„_ Resolution No. '
Motion By Seconded By '
RESOLUTION AUTHORIZING ACQUISI'T'ION OF PROPERTY '
INTERESTS FOR THE LYMAN BOULEVARD/LAKE RILEY
UTILITY PROJECTS 93 -32A AND 93 -32B
WHEREAS the City Council of the City of Chanhassen does hereby determine that it '
is necessary and for a public use and purpose to acquire the property interests as identified and '
described by the City's consulting engineering firm, Orr, Schelen, Mayeron & Associates, Inc.
S proposed '
(OSM) in the plans and drawings prepared by O M for the p p osed L Y man Boulevard/Lake
Riley Utility Projects 93 -32A and 93 -32B, as amended and modified from time to time; and '
WHEREAS, the City Council finds that the construction schedule and seasonal '
construction conditions make it necessary to acquire title to, and possession of, the subject
property as soon as possible in order for the project to proceed in an efficient, cost effective and '
expeditious manner; I
NOW, THEREFORE, be it resolved by the City Council of the City of Chanhassen,
Minnesota: '
1. That the City Attorney is authorized to commence eminent domain proceedings '
pursuant to Minnesota Statute Chapter 117 to acquire the property interests necessary to proceed
with City Pro3ect 93-32A and 93 -32B. '
2. That the City Attorney is authorized to acquire the necessary property interests '
pursuant to the "quick take" provisions of Minnesota Statute §117.042. ,
20035 '
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jan 4,95 14:35 No.008 P.04
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3. That the Mayor and the City .Clerk/Manager are authorized to execute all
documents necessary, in the opinion of the City Attorney, to effect the acquisition of the
necessary property interests.
ADOPTED this day of , 1995, by the City Council of the City
of Chanhassen.
ATTEST:
Don Ashworth, Clerk/Manager
20035
.z_
Donald J. Chmiel, Mayor