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Viirri <br />U <br />MEMO TO: MAYOR AND CITY COUNCIL <br />FROM: CLERK -ADMINISTRATOR <br />DATE: MAY 7, 1987 <br />SUBJECT: COUNTY ROAD I RIGHT-OF-WAY ACQUISITION <br />As you know, it will be necessary that right-of-way be <br />acquired along certain portions -of the southern side of <br />County Road I to allow for the construction of the road and <br />sidewalks. Staff has contacted the property owners where <br />right-of-way acquisition easements and driveway curb cuts <br />are involved by certified letter and will be hopefully <br />negotiating right. -of. -way acquisition on all of these parcels <br />between now and the end of this month. A problem could <br />arise, however, should the City not be successful in <br />obtaining right-of-way for all of the parcels involved as <br />any delays in right-of-way acquisition obviously have <br />commensurate delays in the project starting date. <br />Should Staff be unsuccessful in obtaining right -of. -way, the <br />only alternatives available to the City are to cancel the <br />project, modify the project or condemn the property needed <br />for right-of-way acquisition. Based on those options, Staff <br />would request Council authorization to have the City <br />Attorney file for condemnation of any right-of-way not being <br />acquired by June 1 of 1987. This would allow the City <br />Attorney to file the appropriate documents in an expeditious <br />manner and allow the 90 day waiting period for condemnation <br />to expire prior to September 1 which is the anticipated <br />starting date for the underground construction involved in <br />this project. I would point out that the attorney will be <br />the final decider as to whether or not actual condemnation <br />papers would be filed for any individual parcel and I would <br />only be recommending condemnation when I feel that no other <br />alternative is available through negotiation. Your approval <br />of this request would be greatly appreciated in order to <br />avoid any unnecessary delays in this project. <br />RECOMMENDATION: Staff recommends Council authorize the City <br />Attorney to file for condemnation of needed right-of-way for <br />the reconstruction of County Road I should the City be <br />unsuccessful in negotiating acquisition of said <br />right-of-way prior to June 1 of 1987. <br />DFP/mjs <br />