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CITY COUNCIL AGENDA ITEM 6Aiii STAFF ORIGINATOR: Jason C. Wedel, City Engineer MEETING DATE: January 28, 2013 TOPIC: Consider Resolution 13 -09, Authorizing City Acquisition of Right -of Way, Otter Lake Road Extension Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to authorize acquisition of land for the Otter Lake Road Extension Project. BACKGROUND On May 23, 2011 the City Council authorized preparation of a feasibility study for the proposed improvements. The study was received by the Council on January 9, 2012. A public hearing on the proposed improvements was held on February 13, 2012. The Council took action at the February 27, 2012 meeting to authorize the preparation of a special benefit study and land acquisition appraisals. On March 12, 2012 the Council approved Resolution No. 12- • 27 authorizing preparation of plans and specifications. The City Council took action on June 25, 2012 to order the improvement. On November 26, 2012 the City Council authorized the City Community Development Director and the City Attorney to make offers and negotiate the acquisition of land and easements necessary for the making of the improvement. The right -of -way required from CM Properties is being dedicated to the City, at no cost, as part of the petition and waiver agreement. To date, no agreement has been reached with the other land owner. State law provides authority for cities to acquire property for public purpose through the use of eminent domain. Since the City's efforts to acquire the property through direct purchase have been unsuccessful it is now necessary to pursue utilizing eminent domain. Based on the appraisal report, the total land value being considered for acquisition is $51,200, which can be broken down as $49,800 for permanent roadway easement and $1,400 for temporary easements. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -09. ATTACHMENTS 1. Resolution 13 -09 2. Easement Exhibit