2001-052 Council Resolution - Laserfiche WebLink

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AGENDA ITEM NO. 6A • STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: April 9, 2001 • TOPIC: Consideration of Resolution 01 -52, Approving Purchase Agreements and Authorizing Condemnation for Black Duck Drive Trail VOTE REQUIRED: Simple Majority BACKGROUND: At the January 3, 2001 City Council work session, the City Council reviewed the terms of the proposed purchase agreements with the affected property owners to obtain a 15 foot wide trail corridor at the end of Black Duck Drive for a public trail. The City Attorney has prepared the legal documents to execute the agreements with the property owners at 6993 Black Duck Drive and 6998 Black Duck Drive. Copies of the purchase agreements are attached. Though the Reshanau Park Estates Homeowners Association (RPEHA) has agreed to terms with the City to sell approximately 4,952 square feet, restrictions in the RPEHA bylaws make it difficult and expensive to complete this transaction. Therefore, the RPEHA has requested the City of Lino Lakes begin condemnation proceedings to acquire the land agreed upon in the purchase agreement. This requires that the City Council direct the City Attorney to begin condemnation proceedings for the described property located in Outlot A and Outlot B. All provisions pertaining to the voluntary agreement for the RPEHA to sell approximately 4,952 square feet to the City of Lino Lakes will remain in effect throughout the conclusion of the condemnation process as follows: The RPEHA will be paid $20,000. The City will assure perpetual access for the RPEHA to its Outlots, including vehicular access to the boat ramp. Signage will be placed at the trailheads indicating that only authorized vehicles are permitted. The City will relieve the Association of its obligations with respect to the Easement and Option Agreement with the property owners at 6993 Black Duck Drive, and the Easement Agreement with the property owners at 6998 Black Duck Drive. The RPEHA will be responsible for any desired fencing along the proposed path. Board -on -board fencing is prohibited within 20 feet of the property to be acquired.