Item Coversheet

*4.B.11.


Shakopee City Council
AprilĀ 16, 2024


FROM:Alex Jordan, City Engineer
TO:Mayor and Council Members
Subject:
Settlement Stipulation for Easement Acquisition for the Eagle Creek Boulevard and Vierling Drive Intersection Improvements
Policy/Action Requested:
Authorize the approval of a Stipulation of Settlement with Brett and Luke Krawiecki for the acquisition of certain easements for the Eagle Creek Boulevard and Vierling Drive Intersection Improvement Project. 
Recommendation:
Authorize approval of the Stipulation of Settlement, subject to any minor modifications approved by the City Attorney. 
Discussion:

At its November 7, 2023 meeting, the City Council adopted Resolution R2023-129, approving the acquisition of right-of-way and authorizing the initiation of condemnation for the Eagle Creek Boulevard and Vierling Drive intersection improvements, CIF-20-014. The City took title and possession of the necessary easements on Parcel 3 (3088 Eagle Creek Boulevard), owned by Brett and Luke Krawiecki, on February 12, 2024.

 

After the City Attorney filed the condemnation motion to acquire the easements through eminent domain, the City's right-of-way agent continued to negotiate with the property owners in good faith. On January 9, 2024, the City and property owners agreed to a negotiated settlement in the amount of $69,000.00. The negotiated amount was based on both the City's and property owner's independent appraisal of the easement areas and property damages. 

 

A Stipulation of Settlement is required to be executed by the City, property owners and mortgage company (Bell Bank) to document that an agreement has been reached for a full and final settlement of the dispute over the Condemnation Action. The City will then file a certificate of this action with the court signifying that the property no longer has a claim against it. 

Budget Impact:
None. The agreed upon settlement for the easement acquisition is $69,000. This amount was included in the amended total project budget, approved by the City Council at their February 6, 2024 meeting.
ATTACHMENTS:
Description
Stipulation of Settlement