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REQUEST FOR COUNCIL ACTION <br />'^niiKtr'ii fiFETING <br />ftB 9 2004 <br />city OF ORONO <br />DATE: February 6,2004 <br />ITEM NO: 13 <br />Department Approval: <br />Name Ron Moorse <br />Title City Administrator <br />Administrator Reviewed:Agenda Section: <br />City Administrator's Report <br />Item Description: Settlement with Mn/uOT regarding the Acquisition of the Lurton Property <br />In December of 2000, Mr. William Lurton donated 39 acres of property at 3580 Wayzata Boulevard <br />West to the City, to be preserved as open space parkland. As part of the Highway 12 project, <br />Mn/DOT needed to acquire approximately 14 acres of this property. The City had been in <br />negotiations with Mn/DOT regarding the value of this property, until Mn/DOT initiated a <br />condemnation process for the acquisition of the property. <br />On Wednesday, February 4, City representatives met with Mn/DOT representatives in an effort to <br />reach a settlement on the value of the property, to avoid the time and expense of a condemnation <br />hearing. At the meeting, a tentative settlement was reached, which is now being brought to the <br />Council for approval. The agreed upon value of the property is $ 1,077,000. It is recommended this <br />settlement amount be accepted. <br />It is also recommended that the settlement agreement confirm that all structures on the site will <br />remain until March 1,2005, and that the City has the right to retain the bam that is currently on the <br />site, and relocate it to a new location on the City's property. In addition, the agreement needs to <br />include the provision r^a safe, full-turning movement access to t*'e remaining property to serve the <br />planned park use. The continuation of the conservation easement over the newly constructed <br />wetland area also needs to be confirmed. <br />COUNCIL ACTION REQUESTED: <br />Motion to approve the settlement regarding Mn/DOT''s acquisition of a portion of the property at <br />3850 Wayzata Boulevard West for the agreed upon price of $1,077,000, subject to tlie following: <br />•• Agreement that all structures on the site will remain until March 1 ,2005, and that the City has the <br />right to retain the bam that is currently on the site, and relocate it to a new location on the City's <br />property. <br />- Agreement regarding the provision of a safe, full-turning movement access to the remaining <br />property from the planned new Highway 12 frontage road, to serve the platmed park use. <br />- Confirmation that the conservation easement over the newly constructed wetland area on the <br />property will remain in perpetuity. <br />1