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CITY OF LINO LAKES RESOLUTION NO. 14-82 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT NORTHPOINTE ROADWAY AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to Resolution No. 14-47 adopted by the City Council on June 9, 2014, the City approved the PUD Final Plan/Final Plat for NorthPointe; and WHEREAS, the plat requires improvements to Cedar Street, 21st Avenue South. and Palm Street including municipal utilities ("Improvement Project"); and WHEREAS, Tony Emmerich Construction, Inc. (collectively, the Owner) 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 fmance the Improvement Project, and to levy and estimated amount of $1,400,000 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, as detailed in the Petition and Waiver Agreement, 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, 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 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 11th day of August. 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member jus+-ermaA4 and was duly seconded by Council Member Roesrc. and upon vote being taken thereon, the following voted in favor thereof: 14t. seA, C�a -�.�cf , S fD¢S � , va-{.t The following voted against same: ADM—.