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The results of proceeding with this road would be to take a house <br />which presently conforms to setbacks and create a non -conformity. <br />Also, if the approximately 1.5 acres needed for the curve would be <br />taken by condemnation, the monetary award for damages would most <br />probably include the value of the house. In other words, the City <br />probably could not acquire the right-of-way for the curve without also <br />compensating the owners for the value of the house. <br />In 1987, Penfield, Inc. prepared a "ballpark" estimate of right-of-way <br />and house value for the ZlebelI parcel at $82,000. This estimate will <br />need to be updated to 1988 prices. For the purpose of this estimate <br />we will use $90,000 plus $10,000 for relocation costs. The actual <br />costs will depend on whether the Council will consider the remaining <br />3 acre parcel as buildable. <br />2. Riaht-of-Wav <br />Like 47th Street, very little dedicated road easements exist on this <br />road. The public has a right to continue to use this road, to the <br />width presently maintained by the City, according to Minnesota <br />Statues, Chapter 160.05. <br />Since there are established fences along both sides of this roadway, <br />and the City has traditionally maintained up to these fences, we <br />believe the public use and right extends to that area between the <br />fences. The width between the fences varies from 40 to 60 feet. The <br />minimum right-of-way width required for State Aid Standards is 66 <br />feet. Therefore, some additional right-of-way is necessary. it is <br />proposed to purchase the additional right-of-way necessary unless it <br />can be donated to the City simply to clear up the matter. Our intent <br />would be to keep the road as close to its present location as <br />possible. <br />p7 affil � <br />This project was initiated by the City Council as part of the City's 10- <br />Year MSA Construction Program. Because some assessments are anticipated, a <br />4/5 vote of the Council is required to order the project. <br />A permit Is required from the Valley Branch Watershed District. Plan <br />approval Is required from the State Aid Division of MnDOT. <br />The preliminary assessment roll shows the property owners abutting on or <br />benefltting from the street, by parcel number. The list also shows the <br />approximate area of each parcel and the number of future lots each parcel <br />could be divided Into under present zoning. <br />_3_ 9150-008 <br />