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CITY OF LINO LAKES RESOLUTION NO. 13 -90 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT 21 st AVENUE IMPROVMENT PROJECT ALINO, LLC WHEREAS, pursuant to Resolution No. 13 -76 adopted by the City Council on June 24, 2013 the City approved the preliminary plat of ALino Addition; and WHEREAS , plat requires the improvement of 21 st Avenue by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements (“Improvement Project”); and WHEREAS , ALino , LLC is the owner of certain real property in the City abutting said Improvement Project; and WHEREAS , the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the special assessments levied to finance the Improvemen t Project, and to levy up to $689,129.54 of the cost of the Improvement Project against the Subject Property; and WHEREAS , the Improvement Project requires that the City obtain certain portions of the Owner’ property for street right -of -way, temporary c onstruction easements and drainage and utility easements; and WHEREAS , the Owner wishes to donate to the City the necessary right -of -way and easements to provide for the construction of said Improvement Project; and WHEREAS , the City is willing to const ruct the Improvement Project without certain notices or hearings, provided the assurances and covenants , attached hereto as Exhibit A, are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the S ubject Property to finance all of the costs of the Improvement Project, that all necessary right - of -way and easements are provided to the City at no cost and that a Joint Powers Agreement between the City and City of Centerville is approved ; NOW, THEREFO RE, BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: 1. The City accepts the Petition and Waiver Agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 26 th day of August , 20 13 . The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the followin g voted in favor thereof: The following voted against same: