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6.5 East Magnolia Property Acquisition CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/12 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: 6 NO: BY: CITY ATTORNEY FINAL APPROVAL: ITEM NO:5 BY: Greg Bengtson BY: Page 1 ITEM: Resolution No. 12-6873 A Resolution Approving a Negotiated Settlement of the Cost of Acquisition of Certain Interests in Real Estate for the East Magnolia Improvement Project and Authorizing the Dismissal of the City’s Eminent Domain Petition Upon Closing. BACKGROUND: As authorized and directed by Ordinance No. 11-10625, the City’s legal counsel filed a verified petition in eminent domain for the acquisition of certain in terests in real estate, including right-of-way, permanent drainage easement, and temporary cons truction easement necessary for the East Magnolia Road improvement project. The affected real estate is owned by Mrs. Vonna Olson and her sons, Gary Olson and David Olson. Prior to the District Court hearing on the verified petition and the Court’s appointment of a panel of appraisers, the City was able to reach a tentative settlement with the property owners calling for compensation to be paid for the interests in real estate in the amount of $24,000, subject to formal, public approvalof the negotia ted settlement by the governing body. Following the closing on the negotia ted acquisition, the City’s petiti on in eminent domain can be dismissed. FISCAL NOTE: The proposed compensation for the interests in real estate to be acquired will be paid from the East Magnolia Road improvement project budget. Settlement of the matter eliminates further expense to the City associated with completion of the eminent domain process. COMMISSION ACTION: Approve Resolution 12-6873.