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STAFF ORIGINATOR: <br />CITY COUNCIL <br />MEETING DATE: <br />TOPIC: <br />ACTION REQUIRED: <br />BACKGROUND <br />AGENDA ITEM 61 <br />Michael Grochala <br />November 13, 2006 <br />Resolution No. 06 -189, Authorizing City Attorney to <br />Commence Eminent Domain Proceedings, 35W /Lake <br />Dr. Interchange Reconstruction Project <br />Simple Majority <br />Wilson Development Services, has begun the right -of -way acquisition process on behalf <br />of the City. A total of sixteen (16) parcels are affected by the project. The total <br />appraised value of the right -of -way to be acquired is approximately $1,300,000. Offer <br />letters, accompanied with a copy of the property appraisal, were distributed to property <br />owners as of September 27, 2006. <br />We are nearing agreement on several parcels and Wilson Development Services and <br />staff will continue to work with property owners to reach an agreement for direct <br />purchase. However, to insure that ongoing property negotiations do not jeopardize the <br />project construction or state and county funding staff is requesting council authorization <br />for the City Attorney to commence with eminent domain proceedings. Through this <br />process the City Attorney will be seeking District Court approval to acquire parcels by <br />eminent domain and authorizing quick take provisions that establish a possession date. <br />Under the current time line we would anticipate possession in March. There are several <br />steps to this process that will be more fully explained by the City Attorney. <br />Again, we are hopeful that all acquisition can be obtained by direct purchase and we <br />will continue to negotiate with property owners throughout the process. <br />RECOMMENDATION <br />Staff is recommending the adoption of Resolution No. 06 -189, Authorizing City Attorney <br />to Commence Eminent Domain Proceedings. <br />ATTACHMENTS <br />1. Resolution No. 06 -189 <br />