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HomeMy WebLinkAboutResolution - 2019-68 - Approve Settlement Agreement for Parcel 36, Eden Prairie Road Project 13-5844 - 06/18/2019 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019-68 RESOLUTION AUTHORIZING SETTLEMENT OF FEE AND TEMPORARY CONSTRUCTION EASEMENT ACQUISITIONS FOR PARCEL 36 OF THE EDEN PRAIRIE ROAD CONNECTION TO CSAH 61,CITY PROJECT NO. 13-5844 WHEREAS,the City of Eden Prairie("City")commenced a condemnation action related to project number I.C. 13-5844, commonly known as the Eden Prairie Road Connection to CSAH 61 Improvements project(the"Project"); and WHEREAS, the Project included taking fee and temporary construction easements from a parcel located in Eden Prairie and commonly known as 10197 Eden Prairie Road South Eden Prairie, Minnesota("Parcel 36"or the"Property"); and WHEREAS, the District Court awarded the City possession of the fee and temporary construction easements on August 31, 2018; and WHEREAS,the sole remaining issue is resolution of the acquisition cost for the fee and temporary construction easements; and WHEREAS, the City previously authorized acquisition of the easements for the sum total of $8,975.00 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 settlement pursuant to the terms of the confidential settlement agreement attached hereto as Exhibit A, which includes all claims and costs associated with the easement acquisition. NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The Recitals set forth above are incorporated herein; 2. The City Council authorizes and approves the execution of the confidential settlement agreement attached hereto as Exhibit A for fee and temporary easement acquisition, which includes all claims and costs associated with the easement acquisition. ADOPTED by the Eden Prairie City Council on June 18, 2019. Ronald A. Case, Mayor ATTEST: Kathl en Porta, City Clerk EXHIBIT A (Settlement Agreement) 2