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cASE <br /> <br />SETTLEMENT OF SUNWOOD DRIVE <br />RIGHT-OF-WAY CONDEMNATION ACTION <br /> <br />By: William K. Goodrich, City Attorney <br /> <br />Background: <br /> <br />In 2001 the City commenced a condemnation action to acquire additional right-of-way and related <br />drainage facilities fi:om the State of Minnesota through the Pollution Control Agency (the "State") <br />for construction of Sunwood Drive between Sunfish Lake Boulevard and County Road 116. This <br />action also included acquisition of right-of-way for a short segment of Azurite Street. The Court <br />appointed land commissioners ..have viewed the subject parcels. The City's appraiser appraised the <br />State's damages at $52,300.00 and the City agreed to an additional $750.00 payment as rent 'to <br />compensate for the City's early entry onto the subject parcels. The State has now determined, as a <br />result of its own appraisal, that the City's appraisal is reasonably accurate and desires to settle the <br />damage issue without further court hearings. The City will need to make an additional payment of <br />$500.00 to the State which is a statutory requirement intended to assist the landowner in payment of <br />its appraisal fees. In addition to the monetary payment for the land interests acquired, the State <br />requires an easement from the City for its water utihty lines which cross Sunwood Drive and serve <br />the State's water treatment facility. The water treatment facility is a. part of the State's water <br />monitoring program relating to the Anoka Regional Landfill. <br /> <br />Enclosure: <br /> <br />Draft of the Settlement Agreement <br /> <br />Recommendation: <br /> <br />Staff recommends authorization to enter into the Settlement Agreement. <br /> <br />Council Action: <br /> <br />Motion to authorize the Mayor and City Administrator, on behalf of the City, to execute the <br />Settlement Agreement and Easement Agreement with the State of Minnesota by its Commissioner <br />of Pollution Control Agency relating to Sunwood Drive and Azurite Street right-of-way acquisition <br />including the grant of a utility easement in favor of the State of Minnesota for service of the State's <br />utility lines serving its water treatment building. Further the City Attorney is granted the authority <br />to make minor modifications to the form of the Settlement Agreement. and/or Easement Agreement. <br /> <br />Review Checklist: <br /> <br />City Administrator <br />City Engineer <br /> <br />-209- <br /> <br /> <br />