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l�'�, Jy REQUEST FOR COUNCIL ACTION Department Approval � Date: 02/09/2009 Item No.: 12.e City Manager Approval � / Item Description: Consideration of Stipulation Agreement Regarding Condemnation of Property by the Metropolitan Council for the Roseville Park and Ride Transit Facility BACKGROUND On December 15, 2008, the Roseville City Council approved the final plat and final PUD for the Roseville Park and Ride Transit facility in the Twin Lakes redevelopment area. On December 28, 2008 the Metropolitan Council filed a petition in District Court to acquire property for their planned Park and Ride Transit Facility on the Old Dominion property along Cleveland Ave. in the Twin Lakes redevelopment area. The petition lists Old Dominion Freight Line, Inc.; Cent Ventures 2 LLC, and the City of Roseville as the respondents. Old Dominion is the fee owner of the subject property and Cent Ventures 2 has a purchase agreement with Old Dominion. The stipulation agreement will allow Metropolitan Council to acquire the land necessary for its project sooner than the 90-day quick take process allows. As funding for the project needs to be expended by December 31, 2009, it is imperative for Metropolitan Council to begin work on the project as soon as possible. The stipulation agreement will allow Metropolitan Council to meet their schedule and deadlines. Metropolitan Council will be acquiring the parcel as described in Exhibit A of the stipulation agreement in fee title to operate as a Park and Ride Transit facility. In addition, Metropolitan Council will be acquiring a temporary easement for construction, grading, and slope purposes, a temporary easement for access purposes, and permanent easements for drainage and utility purposes. The City Council will recall that it approved an agreement with Old Dominion that provided for conveyance of the City's interest in the 10-foot strip of land to Old Dominion, subject to Old Dominion ultimately dedicating it back as part of platting. It is important to note that even though the Metropolitan Council will be acquiring rights of use for property that includes existing rights-of-way, the City will be able to continue to utilize the property in question. This is due to the fact that the City will be regranted its right-of-way as described in the Vacation and Regranting Agreement and the final plat for Twin Lakes Addition approved by the City Council on December 15, 2008. Page 1 of 2