Agenda - Council - 01/14/2003 - Laserfiche WebLink

Home

-212- WHEREAS, the utility lines serving the water treatment building are buried beneath the Sunwood Drive ROW; and WHEREAS, the City utilized the "quick take" provisions of Minn. Stat. § 117.042 in its condemnation of the Premises; and WHEREAS, the City desired to gain early access to, and use of, the Premises prior to the quick take date - March 21, 2002 - the date deemed to be 90 days following the date of the City's notice of its intent to take possession of the Premises, so that the City could commence construction of the public street extensions to take advantage of fortuitous soil and weather conditions; and WHEREAS, the City and the State entered into a Right of Entry Agreement dated March 7, 2002, whereby the State consented to the City's early entry upon, and use of, the Premises prior to the expiration of the 90 day period; and WHEREAS, in paragraph 6 of the Right of Entry Agreement, the City recognized that the State's sanitary sewer line was in place prior to the City's fee ownership of the Sunwood Drive and was "an integral and essential part of [the State's] environmental response action at the... Landfill...;" and WHEREAS, the City recognized in paragraph 6 of the Right of Entry Agreement that the State was in progress of installing a new water discharge line proceeding northwest from the State's water treatment building that would need to cross beneath the Sunwood Drive street extension. The City and the State "mutually agree[d] to conduct their respective construction projects in such a way that each party's project can proceed with minimum interference from the other party and be coordinated to obtain maximum construction efficiency"; and 3