HomeMy WebLinkAboutResolution - 2017-19 - Easement Acquisitions for Shady Oak Road IC 11-5800 - 01/17/2017 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-19
RESOLUTION AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR
PARCEL 30 OF THE SHADY OAK ROAD SOUTH IMPROVEMENTS
I.C. 11-5800
WHEREAS, the City of Eden Prairie ("City") commenced a condemnation action related to
project number I.C. 11-5800, commonly known as the Shady Oak Road South Improvements
project (the "Project"); and
WHEREAS, the Project included taking permanent and temporary construction easements from
a parcel located in Eden Prairie and commonly known as 6640 Shady Oak Road, Eden Prairie,
Minnesota("Parcel 30" or the "Property"); and
WHEREAS,the District Court awarded the City possession of the easements on April 28, 2014;
and
WHEREAS, the sole remaining issue is resolution of the acquisition cost for the easements; and
WHEREAS, the City previously authorized acquisition of the easements for the sum total of
$51,050.00 based upon an appraisal valuation; and
WHEREAS,the Property owner rejected the City's appraisal valuation; and
WHEREAS, after negotiations between the parties the City Engineer and City Attorney
recommend that the City Council agree to settle for $115,000.00, which includes all claims and
costs associated with the easement acquisition, including attorneys' fees.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that:
1. The Recitals set forth above are incorporated herein;
2. The City Council approves the settlement for easement acquisition in the amount
of$115,000.00 which includes all claims and costs associated with the easement
acquisition, including attorneys' fees and which is conditioned upon the execution
of a settlement agreement to be drafted by the City Attorney.
ADOPTED by the Eden Prairie City Council on January 17, 2017.
ncy Lu s, ay
SEAL
ATTEST:
Kat en Porta, City Clerk