Loading...
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 PARCEL 1OB 8 F- LJ z z In z z 6 w z 1- 1n W 60 --- -146 450 8 ut z z 6 8 w z z w x 1- V) w z 433 104 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 N 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. Ic�,� tlI 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