15-023CITY OF SHOREWOOD
RESOLUTION NO. 15 -023
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF SHOREWOOD
AUTHORIZING ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. § 117.042
SMITHTOWN ROAD (EAST) TRAIL /SIDEWALK PROJECT
RECITALS
WHEREAS, the City of Shorewood (the "City ") is a statutory city organized and existing
under the laws of the State of Minnesota with all powers, rights and authority of a statutory city and is
a public body corporate and politic; and
WHEREAS, the City has the authority to acquire real property by condemnation in
accordance with Minn. Stat. § 412.211, and Ch. 117; and
WHEREAS, pursuant to Resolution No. 10 -031, the City adopted the Shorewood
Comprehensive Plan Update ( "Comprehensive Plan ") on June 4, 2010; and
WHEREAS, pursuant to Resolution No. 11 -054, the Shorewood City Council adopted
the Trail Plan Implementation Deport (the "Trail Plan ") on October 10, 2011; and
WHEREAS, the Comprehensive Plan identifies the areas within the corporate limits of
the City of Shorewood which are planned to be designated for future trails and sidewalks; and
WHEREAS, the City has determined it is in the best interests of the public safety of its
residents to construct trails and sidewalks in designated rights -of -way to separate pedestrians,
cyclists and motor vehicles; and
WHEREAS, the Trail Plan identified Smithtown Road east of the South Lake
Minnetonka Regional Trail as a first priority trail /sidewalk project; and
WHEREAS, City staff has been engaged in ongoing efforts to acquire the necessary
rights -of -way and easements for the construction of the Smithtown Road mast Trail /Sidewalk
improvements; and
WHEREAS, the City deems it necessary to public safety and convenience to acquire
the necessary rights -of -way and easements in order to complete the construction of the
Smithtown Road East Trail /Sidewalk Project and to further the objectives of the
Comprehensive Plan and the Trail Plan by developing and establishing public trails and
sidewalks.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood:
1. In order to carry out the purposes and objectives of the Comprehensive Plan
and the Trail Plan, and to complete the construction of the Smithtown Road East
Trail /Sidewalk Project, it is necessary to acquire temporary construction and permanent
right -of -way easements to certain real property identified in Exhibit A attached hereto ( "Real
Property ").
2. The acquisition of the Real Property by the exercise of the power of eminent
domain in the manner provided for by Minnesota Statutes Chapter 117 serves a public
purpose and is deemed to be necessary to further the objectives of the Comprehensive Plan
and the Trail Plan.
3. The City of Shorewood deems it necessary for the purposes of completing
the construction of the Smithtown Road. East Trail /Sidewalk Project, and generally
providing for the health, safety, and welfare of its citizens to acquire said Real Property.
4. Because the construction of the Smithtown Road East /Sidewalk Project is to
begin in September 2015, prior to the time by which court - appointed commissioners could
reasonably be expected to render their award for the taking of the Real Property, the City of
Shorewood deems it necessary to proceed without delay under the "quick- take" statute set
forth in Minn. Stat. § 117.042 to pay to the owners or into court a sum of money to secure
compensation to the owners of the real property, which amount shall be equal to the city's
approved appraisal value as determined by City staff.
5. The City of Shorewood staff is hereby authorized and directed to execute all
documents and contracts necessary to acquire the Real Property from the owners identified
in Exhibit A, which actions include the specific authorization to: (a) obtain appraisals of the
damage assessments of the real property interests to be acquired; (b) make written offers to
affected property owners and negotiate such offers to a successful conclusion; (c) acquire
the real property interests needed at the appraised value plus additional damages, if any, as
approved by the City Administrator; and (d) in circumstances where negotiation proves to
be unsuccessful or has already proven to be unsuccessful, exercise eminent domain to
acquire the real property interests needed under the procedures provided for in applicable
Minnesota Statutes, and in compliance with all requirements of said statutes, including
using the quick take procedure set forth in Minn. Stat. § 117.042.
b. At all times during and after construction reasonable ingress and egress shall
be maintained and permitted to the Real Property.
7. To the extent that temporary easements are being acquired as set forth
herein, the duration of the temporary easements shall expire no later than November 30,
2016.
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8. City staff is further authorized and directed to tape all actions necessary to
implement this authorization including obtaining appraisals or minimum damage
assessments of all property interests to be acquired and retaining legal counsel to assist in
commencing condemnation. Any actions previously taken by staff in this regard are hereby
ADOPTED 13Y THE CITY COUNCIL OF THE CITY OF SHORE WOOD this
23rd day of March 2015.
Sc erby, a r
ATTEST:
Jea Panchyshyn, Ci y CIe k
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