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• • • CITY OF LINO LAKES RESOLUTION NO. 13-11 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT OTTER LAKE ROAD IMPROVEMENT PROJECT CM PROPERTIES 14, LLC WHEREAS, pursuant to Resolution No. 12 -58 adopted by the City Council on June 25, 2012, the City Engineer has prepared plans and specifications, with reference to Otter Lake Road; and WHEREAS, plans for Project No. S.A.P. 210 - 114- 001which include improvements by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements have been prepared and presented to the City (hereinafter referred to as the "Improvement Project "); and WHEREAS, CM Properties 14, 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 Improvement Project, and to levy up to $374,500 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 construction 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 construct 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 Subject Property to finance all of the costs of the Improvement Project and that all necessary right -of -way and easements are provided to the City at no cost; NOW, THEREFORE, 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 28 day of Jan , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member o' Donnell and was duly seconded by Council Member R - r and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, SToesz, Reinert