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Member Kuether introduced the following resolution and moved its adoption: <br /> LINO LAKES CITY COUNCIL <br /> RESOLUTION 97-164 <br /> EMINENT DOMAIN RESOLUTION <br /> WHEREAS,the City of Lino Lakes proposes to construct and improve streets and <br /> utilities to serve the Lake Drive Trunk Utilities Project and Apollo Drive, Phase 3, <br /> project. <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 Minn. Stat.,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 Minn. Stat, 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 Minn. Stat. <br /> 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: November 10, 1997 /�' <br /> John L. Landers, Mayor <br /> ATTEST: <br /> /'It i <br /> Marilyn G. Anderson, Clerk-Treasurer <br />