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CITY OF LINO LAKES RESOLUTION NO. 13 -09 RESOLUTION AUTHORIZING THE CITY'S ACQUISITION OF RIGHT -OF -WAY FOR THE OTTER LAKE ROAD EXTENSION PROJECT WHEREAS, the City of Lino Lakes (the "City ") proposes to construct an extension of Otter Lake Road from CSAH 14 north approximately 400 feet which include improvements by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements; and WHEREAS, the City's acquisition of interests in real property legally described on the attached exhibit identified as Parcel 2 (the "subject property interests ") is required to complete the road extension project; and WHEREAS, timely acquisition of title to and possession of the subject property interests by the City is one of many factors necessary to accomplish the purposes of the road extension project; and WHEREAS, the Lino Lakes City Council desires that the City begin construction of the road extension project promptly in the spring of 2013; and WHEREAS, the Lino Lakes City Council has attempted to acquire the subject property interests through negotiation of direct purchase agreements with the owners thereof for required easements; and WHEREAS, the efforts by the City of Lino Lakes to acquire the subject property through negotiation of direct purchase agreement have failed and it has become necessary to acquire the subject property interests through the condemnation authority granted by the City in the Minnesota Statues; and WHEREAS, to begin construction of the Project in the spring of 2013, the City will require title and possession of the subject property interests prior to the filing of an award by the court appointed commissioners pursuant to the provisions of Minnesota Statutes, Section 117.042: NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota: 1. The City Attorney is authorized to initiate eminent domain proceedings on the City's behalf, including but not limited to, proceedings pursuant to Minnesota Statutes, Section 117.042, necessary to timely acquire the subject property interests, and to take such other actions and initiate such other proceedings as may be advisable in furtherance of the City's authority under law. 2. It is hereby found and determined that the taking of the subject property interests through eminent domain proceedings is reasonably necessary or convenient, in furtherance of a proper public use and public purpose in accordance with Minnesota Statutes, Section 117.012, Subdivision 2, that public use and public purpose being the construction of the Otter Lake Road Extension Project.