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Member K e " n e : 7L- introduced the following resolution and moved its adoption: <br />LINO LAKES CITY COUNCIL <br />RESOLUTION 01-166 <br />EMINENT DOMAIN RESOLUTION <br />WHEREAS, the City of Lino Lakes proposes to construct and improve the Weber <br />Addition by constructing the 2001 Surface Water Management project, and <br />WHEREAS, the improvement consisting of construction of storm sewer and grading is <br />herein determined necessary to provide for the safety of the public, and <br />WHEREAS, permanent easements and fee simple interests over certain lands are required <br />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 access to the required <br />area on Lot 4, Block 1, Weber Addition 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: October 8, 2001 <br />ATTEST: <br />,�..�.. <br />Ann B14 City Clerk <br />