HomeMy WebLinkAbout2020-024 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 20-24
APPROVING AMENDED STIPULATION AGREEMENT FOR NORTHEAST LINO
LAKES DRAINAGE AREA IMPROVEMENTS
WHEREAS, the City Council authorized staff and City Attorney to make offers on the
acquisition of land for the NE Drainage Improvement project on February 25, 2019, and
WHEREAS, the City Council authorized acquisition of property by eminent domain on May 28,
2019; and
WHEREAS, the City of Council entered into a Stipulation Agreement with the Leibel Property
ownership group regarding the purchase of their property on November 20, 2019; and
WHEREAS, all parties to support amendment of the dates within said agreement.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes:
1. That the amended Stipulation Agreement with the Leibel Property ownership group is hereby
approved and the Mayor and City Clerk are authorized to execute the agreement on behalf of
the City.
Adopted by the Council of the City of Lino Lakes this 9th day of March, 2020.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Lyden and was duly seconded by Council Member Stoesz and upon vote being taken thereon,
the following voted in favor thereof: Lyden, Stoesz. Ruhland, Cavegn, Rafferty
The following voted against same: None
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Rob Rafferty, Mayor
STATE OF MINNESOTA
ANOKA COUNTY
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Case Type: 2, Condemnation
City of Lino Lakes,
Petitioner,
vs.
James W. Salo and Bernice M. Salo,
individually and as trustees of the Trust
Agreement of James W. Salo and Bernice M.
Salo dated December 17, 2013, Novation Credit
Union, Hal Leibel, Pamela Leibel, Lyn
Arvidson, Royce Arvidson, Jim Kohler,
LeeAnn Dye, Mark Dye, Colleen Dye, County
of Anoka, Rice Creek Watershed District,
Metropolitan Council, and all other persons
unknown claiming any right, title, estate,
interest, or lien in the real estate described
herein,
Respondents.
Court File No: 02-CV-19-5586
AMENDED AND RESTATED
STIPULATION
This Amended and Restated Stipulation is entered into this day of March, 2020 by
and between the City of Lino Lakes (the "City") and Hal Leibel, Pamela Leibel, Lyn
Arvidson, Royce Arvidson, Jim Kohler, LeeAnn Dye, Mark Dye, and Colleen Dye
(collectively, the "Owners").
RECITALS
1. The Owners in the aggregate are owners of, or have an interest in, the varied
properties identified as PID Nos. 14-31-22-12-0002, 14-31-22-14-0001, 14-31-22-
11-0002, and 14-31-22-11-0001 (collectively, the "Property").
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2. The City has filed a Petition in Condemnation in Anoka County District Court,
Court File No. 02-CV-19-5586, to acquire certain property interests over the
Property.
3. A certain developer (the "Developer") is also negotiating with Owners to directly
purchase the balance of the Property from the Owners, and the Developer and City
are coordinating their efforts and allocating matters relating to the acquisitions
between themselves.
4. The Owners and the Developer hope to enter into a purchase agreement for the
balance of the Property in the near future.
5. In light of and in anticipation of the Owners entering into the Purchase Agreement
with the Developer, the City and Owners now wish to enter into this Stipulation as
it relates to the City's pending Petition in Condemnation.
Based on the above, the parties agree as follows:
1. The Owners concur with the necessity and public purpose for the City's taking, as
outlined in the City's Petition in Condemnation.
2. The Owners stipulate to the just compensation amount consistent with the City's
appraised value of the Property, which is the amount outlined in the City's Petition
in Condemnation: $52,000.00 for PID No. 14-31-22-14-0001 and $386,000.00 for
PID No. 14-31-22-12-0002.
3. If either (a) Owners and Developer do not enter into a Purchase Agreement on or
before June 1, 2020, or (b) the transaction contemplated by that Agreement does
not close by July 1, 2021, Owners may elect to declare this Stipulation is null and
void, and Owners may pursue an award of just compensation at a Commissioners'
Hearing in accordance with Minnesota law. Owners must notify the City of such
election in writing by delivering to City, within two weeks of the triggering event,
a notice of cancellation of this Stipulation.
4. The parties agree the electronic signatures of this Stipulation shall constitute valid,
binding signatures.
5. This Amended and Restated Stipulation replaces and supersedes that certain
Stipulation dated November 21, 2019, entered into by the parties in this matter.
OWNERS
By
By
By
By
By
By
By
By
Hal Leibel
Pamela Leibel
Lyn Arvidson
Royce Arvidson
Jim Kohler
LeeAnn Dye
Mark Dye
Colleen Dye
GP:4826-0634-7701 v2
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CITY OF LINO LAKES
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