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Member Kuether introduced the following resolution and moved its adoption: <br /> LINO LAKES CITY COUNCIL <br /> RESOLUTION 97-185 <br /> EMINENT DOMAIN RESOLUTION <br /> WHEREAS, the City of Lino Lakes proposes to construct and improve 791h Street by <br /> constructing streets and utilities to serve the Highland Meadows project, and <br /> WHEREAS, the improvement consisting of construction said street and utilities is herein <br /> determined necessary to provide for the safety of the public, and <br /> WHEREAS, permanent and temporary easements and fee simple interests over certain <br /> lands are required to provide for said construction, and <br /> WHEREAS, Lino Lakes has authority to acquire right-of-way for said improvements <br /> Eminent Domain pursuant to Minnesota Statutes, and <br /> WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an <br /> award by the court appointed commissioners, pursuant to Minnesota Statutes 117.011 and <br /> 117.042, and, <br /> WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of <br /> required easements at this time; <br /> NOW THEREFORE BE IT RESOLVED, That the City Council hereby authorizes the <br /> acquisition of land by Eminent Domain and to take title and possession of that land prior <br /> to the filing of an award by the court appointed commissioner, pursuant to Minnesota <br /> Statutes No. 117, and <br /> BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary <br /> Petitioner therefor, and to prosecute such action to a successful conclusion or until it is <br /> abandoned, dismissed, or terminated by the City or the Court. <br /> Dated: December 29, 1997 <br /> John L. Landers, Mayor <br /> ATTEST: <br /> .i,��vL�-L.�J�1/✓ J��.• �C.I,L-�.� �ct-i'L L. <br /> Marilyn G. Anderson, Clerk-Treasurer <br />