The City’s adopted 2024-2028 Capital Improvement Plan includes the Eagle Creek Boulevard and Vierling Drive Intersection Improvement Project, CIF-20-014 in 2024. The project is designed to make safety improvements and provide for increasing traffic levels. Proposed improvements include construction of a multi-lane roundabout, pedestrian improvements, stormwater management, public utility reconstruction and relocation of overhead utilities.

Construction of the improvements require acquisition of easements on private properties outside of the existing right-of-way along the project corridor. A total of 3 parcels will require easement acquisition. Appraisals were completed in July for all properties and offers were presented in August. 

At its November 7th, 2023 meeting, the City Council authorized the City Attorney to initiate condemnation proceedings for the acquisition of easements on Parcel 3. Negotiations continue with the owners of Parcel 3.

Parcels 1 and 2 together function as a single residential parcel with a single mortgage.  City staff has negotiated a purchase of the easements with the property owners, but the mortgage holder’s consent is required. The mortgage holder has indicated that it will secure its own appraisal before taking a position on the purchase.  We do not know when the mortgage holder will respond or if it will consent to the proposed purchase.  Therefore, staff recommends initiating a condemnation action to ensure title to the easements is secured in time for the 2024 construction season.

City staff and the consultant will continue to work in good faith to purchase the easements on Parcels 1 and 2 by direct negotiation after the start of the condemnation process.  If they succeed in securing the mortgage holder’s consent and conclude the purchase, the City will dismiss the condemnation action.