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RESOLUTION NO 2011-015 RESOLUTION OCONSENT WAIVER OF TRESPASS AGREEMENT FOR THE STATION LISBON AVENUE LIFT WHEREAS, the City Engineer has completed the design for the Lake Elmo Avenue Infrastructure Improvements, I -94 to 301h Street, and the project has been advertised to receive contractor bids. WHEREAS, the Improvements include the construction of a Sanitary Lift Station that will provide future municipal sewer service to the Village with the Lift Station to be located at 3080 Lisbon Avenue North, just north of 30`h Street and east of Reid Park. WHEREAS, the placement of the Lift Station at this site requires the acquisition of a temporary and permanent utility easement from the Elmo View Townhome Association to accommodate the construction and ongoing maintenance of the connecting forcemain, gravity sewer and watermain utility pipelines. WHEREAS, the City offered Elmo View Townhome Association compensation in the amount of $15,000 for the temporary and permanent easements necessary to construct the project, with the fair market value of $15,000 based upon the appraisal completed by MCKinzie Metro Appraisal dated November 2010, WHEREAS, Elmo View Townhome Association has requested that the provision of an easement be postponed until after the project is constructed, and has agreed to provide the City with a Consent to Enter and Waiver of Trespass Agreement to allow the project to be constructed across the Elmo View Townhome Association property. WHEREAS, the City Attorney has prepared a Consent to Enter and Waiver of Trespass Agreement for the City Council's review and consideration. NOW, THEREFORE, BE IT RESOLVED, 1. Said Consent to Enter and Waiver of Trespass Agreement is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the agreement. Date: April 5, 2011 CITY OF LAKE EL MO By: Dean A. Johnston Mayor Resolution No. 2011 -015