Agenda - Council - 04/12/2005 - Laserfiche WebLink

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CASE UPDATE ON ACQUISITION OF EASEMENTS NECESSARY FOR MISSISSIPPI DRAINAGE SUBDISTRICT NO1 By: Stevea J Jankowski, City Engineer Background: In 2000 a taxing district, known as MississiPpi Subdrainage District NoI, was established to provide storm sewer service to an area bounded by Highway 10 on the south; the railroad tracks on the north; the eastern City limits on the east; and Sunfish Lake Boulevard on the west. The initial portion of' the storm sewer was 'installed for the portion of the district east of The Outpost in. 2001. The second phase of the installation which will service the west half of the district is to be installed this summer. [n order to facilitate this project a twenty foot permanent drainage and utility easement, along with temporary construction easements, need to be obtained from properties along the southern boundary o f the railroad .fight of way. The City has obtained the Ernest Miller property, howeve: it still needs easements from three properties which include: Premier Realty, Winsl°w Holasek, and Hunter Investments. Appraisals were prepared for these parcels in. 2001. However, because of the length of time since these appraisals were performed it will be necessary to have them updated, to reflect current values. If the project is to be constructed in 2005, it will be necessary to move expeditiously in obtaining these easements. The City has been in negotiations with the affected property owners since the time the first phase of the project was constructed in 2001. Should eminent domain be necessary to obtain access for this project, there is a ninety day Period between the filing of documents with - the court. The availability of the access fights to the City for the project would place this date near the beginning of' August of September. Discussions with the. City Attorney and Jodi Ruehle of The Tinklenberg Group suggest that it may be possible to acquire these easements or least a right, of entry agreements fi-om two of the property owners without resorting to eminent domain procedures. Staff'ha~ also been advised that agreement for the acquisition of the Holesek parcel also appears to be close to being finalized. Staff will provide an update on the status of these parcels at the meeting. Recommendation: Regardless of the method of the acquisitions it will be necessary to establish the value of these easements. Therefore staff recommends that the Committee recommend to City Council that The Tinklenberg Group be authorized to prepare appraisals for the Premier and Hunter investment properties. 25