Agenda - Council - 04/22/1997 - Laserfiche WebLink

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,I I '1 I ! I I I I I INITIATE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE LLAMA STREET By: Steve Jankowski, City Engineer Background: On October 8, 1996, the City Council approved the final plat of Alpaca 4th Addition. This plat included upgrading the position of Llama Street from TH. #10 south to Riverdal¢ Drive. Currently, Llama Street exists as a dirt road which is located on a 39 foot parcel of property which is almost 1,100 feet long. The Alpaca Estates 4th plat proposed dedicating the westernmost 27 feet to extend the Llama Street right-of-way to a 66 foot width. A paved roadway would then be installed down the center of the right-of-way. This dirt roadway has a City street sign, and has been graded by the City for at least the past twenty years, and has been plowed by the City until the last several years. Minnesota Statute 160.05(1) states: When any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not. Nothing contained in this .subdivision shall impair the right, title, or interest of the water department of any city of the first class secured under Special laws 1885, chapter 110. This subdivision shall apply to roads and streets except platted streets within cities. In spite of the above, the issue of whether this dirt road is a city street has been called into question, by an individual who indicates that he has a purchase agreement for Joseph Kipp property of which this strip is a part. The City is, therefore, faced with the options of exercising legal claim to this street or proceeding to resolve the issue by utilizing its eminent domain power to obtain title to the property. In conferring with City Attorney Goodrich, it was his opinion the City pursue the latter. I I I I Recommendation: It is staff's recommendation that the City Council adopt a resolution authorizing the initiation of eminent domain proceedings. Since the benefit of this action will be to the Alpaca Estates 4th Addition subdivision, cost associated with the eminent domain proceedings should be charged against that subdivision escrow. Council Action: 7~ Motion to adopt .Resolution' #9 - - zing eminent domain proceedings for the property required to improve Llama Street between T.H./410 and Riverdale Drive. I Reviewed by: I I I City Engineer City Administrator Finance Officer City Attorney CC: 04/22/97 shared/Council & Commissions/Llama.doc