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CITY OF LINO LAKES RESOLUTION NO. 19-65 RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR THE NE LINO LAKES DRAINAGE AREA IMPROVEMENTS PROJECT BY EMINENT DOMAIN WHEREAS, on October 22, 2018 the City Council authorized the preparation of plans and specifications for the NE Lino Lakes Drainage Area Improvements project (the "Project"); and WHEREAS, the construction of the Project will require the acquisition of certain land and easements involving properties located within the City, said land and easements being more specifically described in the attached Exhibit A; and WHEREAS, the City of Lino Lakes, a Minnesota municipal corporation, acting by and through the City Council, is authorized by law to acquire real estate which is needed for public use or purpose; WHEREAS, it is necessary that the City have title and possession of land interests for the Project before the construction contracts may be let, which is planned to occur in the fall of 2019; WHEREAS, on February 25, 2019, the City Council authorized the City representatives, City Community Development Director and City Attorney to make offers to property owners consistent with the appraisals obtained for the needed acquisition; WHEREAS, agents or employees of the City have had discussions with or attempted to have discussions with the owners of the properties in an effort to reach an agreement upon terms and conditions under which the City may voluntarily acquire the necessary real property interests required from each property; WHEREAS, to date, representatives of the City have been unable to reach an agreement with all parties with an interest in the properties described in Exhibit A upon the terms and conditions under which the City may acquire the necessary real property interests required for the Project; WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the public health, public safety, convenience, and general welfare of the citizens of the City that title to and possession of the necessary real property interests described in Exhibit A be acquired, if necessary, through use of the power of eminent domain; and WHEREAS, the City Council finds, given the need to submit the project to bid in the fall of 2019, that the use of the quick -take procedures in Minnesota Statutes section 117.042 is necessary so the title may be in place prior to bidding. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes: