HomeMy WebLinkAbout86-073 CITY OF LAKEVILLE
• RESOLUTION
Date July 21, 1986 Resolution No. 86-73
Motion by Nelson Seconded by Harvey
RESOLUTION SETTING CITY POLICY ON THE ACQUISITION
OF RIGHT-OF-WAY FOR PUBLIC IMPROVEMENTS AND THE ASSESSMENT
OF THE COSTS TO ACQUIRE THE RIGHT-OF-WAY
WHEREAS, the City of Lakeville City Council finds it to be in the
public interest for public health, saf ety and welf are to acquire private
property in order to construct public improvements on; and,
WHEREAS, the City Council deems it to be more fair that on
projects involving construction or re-construction through a project
area that involves more than one property owner or where the project is
not entirely within an area of property being platted and newly devel-
oped, that each parcel of right-of -way be purchased by the City; and,
WHEREAS, the cost for surveys, appraisals, legal fees and
permanent and/o~ temporary easements for land add cost to the construe-
. Lion project above and beyond the actual construction costs, which are
necessary and signif icant; and,
WHEREAS, the estimated assessment rates for construction are
separate from those associated with right-of -way acquisition; and,
WHEREAS, the City Council deems it to be necessary to include the
cost of right-of -way acquisition into the total project cost and receive
adequate funding for the total project cost,
NOW, THEREFORE, BE IT RESOLVED that the following policy is
hereby set for right-of -way acquisition on projects that have multiple
property owners and involve either re-construction of existing public
utilities and/or streets or new construction and when the project area
is not entirely within an area being platted and public improvements are
being made under terms of a development agreement,
1. The City will either accept the dedication of 100 percent of the
necessary right-of -way easements or the City will purchase
through negotiation and/or condemnation all of the right-of way.
2. When the City finds it necessary to purchase the right-of -way the
costs associated with the purchase, such as surveys, appraisals,
legal, engineering, planning, administrative and the cost for
the land, will be assessed against the benef ited property in the
• project as determined by the City Council on an equal unit basis,
such as per front foot, square foot or parcel unit.
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3. The estimates and assessments for right-of -way shall be in
addition to estimates and assessments for construction costs
associated with a project.
4. The City Clerk, City Attorney, Finance Director and Engineer are
directed to incorporate this policy in the engineering f easibil-
ity reports and assessment roll preparation, effective immedi-
ately.
Passed this 21st day of July, 1986.
CITY OF VILLE
By:
Dua a Zaun, Mayo
ATTES
trick E. McGarvey, ity Clerk
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