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Department Approval: REQUEST FOR COUNCIL ACTION DATE: 02/26/04 ITEM NO.: 10. Manager Reviewed: _ � Agenda Section: Item Description: Resolution Approving the Condemnation of Easements for the Arona Pond Pathway Background: On March 31, 2003, the City Council approved a motion authorizing the City Attorneyto take all actions necessary to acquire street rights-of-way and easements required for the above describedproject and portrayed in the staffreport dated March 31,2003, consistentwith the council-approvedArona (Applewood Pointe) concept site plan and per the attached minutes. We have been working on completing the Arona Pond Improvement project which includes the reconstruction of Arona Pond, installation of a lift station, construction of a walking path and installation of landscaping around the pond located on the southeast comer of the Applewood Pointe site. We have attached a copy of the preliminarypathway and landscapingplan. It is our intent to complete this project by early summer. We have been negotiatingeasements for the walkpaths since late last summer, and have not come to an agreement with the owners of the JLT office building or the Terrace Park Apartment Building. The estimated cost for the trail construction and landscaping improvements for the ponding area is $107,000. Per the PUD agreement (Attachment A) and the Subdivision Public Improvement Agreement with the Developer (Attachment B), the cost split is estimated to be $56,500 to the City and $50,500 to the Developer. The City costs will be recovered from future tax increment proceeds on this project. In light of the project schedule, the City Attorney is suggesting that a resolution be approved specificallyfor the acquisition of easements for the walk path. This path was includedas anecessary improvement for the Arona site for the purpose of providingrecreationand leisure opportunities for the surroundingneighborhood as well as the ApplewoodPointe projectwhichwill includeup to 130 new housing units. Said acquisitions are to be either through continued negotiation and/or condemnationpursuant to the City's eminent domain authority. RECOMMENDED COUNCIL ACTION: By resolution, authorize the use of eminent domain for the public right of way needed to construct the walking paths around Arona Pond and along Terrace Drive as part of the Arona site redevelopment. Prepared by: Debra Bloom