HomeMy WebLinkAbout2013-009 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 13 -09
RESOLUTION AUTHORIZING THE CITY'S ACQUISITION OF RIGHT -OF -WAY
FOR THE OTTER LAKE ROAD EXTENSION PROJECT
WHEREAS, the City of Lino Lakes (the "City ") proposes to construct an extension of Otter
Lake Road from CSAH 14 north approximately 400 feet which include improvements by the
extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian
improvements; and
WHEREAS, the City's acquisition of interests in real property legally described on the
attached exhibit identified as Parcel 2 (the "subject property interests ") is required to complete
the road extension project; and
WHEREAS, timely acquisition of title to and possession of the subject property interests by
the City is one of many factors necessary to accomplish the purposes of the road extension
project; and
WHEREAS, the Lino Lakes City Council desires that the City begin construction of the road
extension project promptly in the spring of 2013; and
WHEREAS, the Lino Lakes City Council has attempted to acquire the subject property
interests through negotiation of direct purchase agreements with the owners thereof for required
easements; and
WHEREAS, the efforts by the City of Lino Lakes to acquire the subject property through
negotiation of direct purchase agreement have failed and it has become necessary to acquire the
subject property interests through the condemnation authority granted by the City in the
Minnesota Statues; and
WHEREAS, to begin construction of the Project in the spring of 2013, the City will require
title and possession of the subject property interests prior to the filing of an award by the court
appointed commissioners pursuant to the provisions of Minnesota Statutes, Section 117.042:
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of
Lino Lakes, Minnesota:
1. The City Attorney is authorized to initiate eminent domain proceedings on the City's
behalf, including but not limited to, proceedings pursuant to Minnesota Statutes, Section
117.042, necessary to timely acquire the subject property interests, and to take such other
actions and initiate such other proceedings as may be advisable in furtherance of the City's
authority under law.
2. It is hereby found and determined that the taking of the subject property interests through
eminent domain proceedings is reasonably necessary or convenient, in furtherance of a
proper public use and public purpose in accordance with Minnesota Statutes, Section
117.012, Subdivision 2, that public use and public purpose being the construction of the
Otter Lake Road Extension Project.
3. It is hereby found and determined that the acquisition of the subject property interests must
be completed by the City before commissioners to be appointed in a condemnation action
pursuant to Minnesota Statutes, Chapter 117 can reasonably be expected to make a
determination as to the award of just compensation for the acquisition of the subject
property interests and that timely acquisition of the subject property interests is important
for the City to meet anticipated construction schedules for the Otter Lake Road Extension
Project.
4. City staff, its agents and legal counsel shall continue to have the authority to negotiate for
the purchase of all property rights and interests in the Property necessary to be acquired for
the Otter Lake Road Extension Project at any time prior to the final resolution of any
eminent domain proceeding initiated on the City's behalf under the authority of this
Resolution, subject to final approval of this City Council of any agreement for the purchase
of such property rights or interests.
Adopted by the Council of the City of Lino Lakes this 28 day ofJan , 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
n' nnpnel ;lid was duly seconded by Council Member Roes- and upon vote
being taken thereon, the following voted in favor thereof:
O'Donnell, Roeser, Rafferty, SToesz, Reinert
The following voted against same:
none
ATTEST:
•
lianne Bartell, City le
0
50
100
PROPOSED PERMANENT RIGHT OF WAY
AREA = 19,279 sq ft
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
AREA = 8967 sq ft
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104
N RTH LINE OF
T E SOUTH 165.0
COUNTY STATE AID HIGHWAY NO. 14
ANOKA CO. HWY. RW PLAT NO 75
SOUTH LINE OF THE NORTHWEST QUARTER OF
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THE NORTHEST QUARTER
181.00
PARCEl
PERMANENT 0
Preparedby;
WSB
MINN 41
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
www.wsbeng.com
& Associates, Inc.
763-5414800- Fa/63541 -1,00
INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION
Otter Lake Road Extension
Easement Parcel Sketch
PARCEL 2
City of Lino Lakes, Minnesota
WSB Project No 2029 -19
Date 10/4/2012
.ra.
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IINOL KES
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