On May 7, 2019, City Council awarded the construction contract for the 2019 12th Avenue Reconstruction Project CIF-19-004 that was included in the Capital Improvement Plan (CIP). As part of this project, city staff has been working with adjacent property owners to obtain needed road easements, drainage and utility easements, and permanent trail easements. The easement acquisition and appraisal work is continuing, and easements are still needed on two of the parcels along this corridor for the roadway, utility, and trail improvements (see attached map and easement exhibits).

With that said, authorization is now needed to make offers of compensation to the respective landowners for the easements, consistent with the independent appraisals and estimates, while continuing to attempt to negotiate the voluntary acquisition of the easements. Authorization is also needed to direct the city's attorney to take all steps necessary on behalf of the city to acquire through eminent domain the easements that are not acquired by voluntary negotiation, including filing an action in eminent domain and using the quick-take procedure under Minn. Stat. § 117.042.

The budget for easement acquisition for the remaining two parcels is estimated at $100,000. These expenditures are budgeted as part of this project in the 2019 Capital Improvement Plan as part of the Canterbury Commons Development Tax Increment Funding.