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CITY OF LINO LAKES <br />RESOLUTION NO. 02-192 <br />RESOLUTION AUTHORIZING THE EMINENT DOMAIN PROCESS - ELM STREET <br />RECONSTRUCTION OF STREET AND STORM SEWER PROJECT. <br />WHEREAS, pursuant to resolutions of the Council adopted May 14, 2001, a study has <br />been prepared by the City Engineer, with reference to the improvement of Elm Street <br />Reconstruction by constructing Street, storm sewer, sanitary sewer and watermain <br />extensions, and <br />WHEREAS, pursuant to resolutions of the Council adopted October 28, 2002, <br />authorizing the preparation of plans and specifications for the Reconstruction of Elm <br />Street, and <br />WHEREAS, the improvement consisting of construction of storm sewer and street <br />improvements is herein determined necessary to provide for safety of the public, and <br />WHEREAS, permanent easements and fee simple interests over certain lands are <br />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 right-of-way prior to the filing of an <br />award by the court appointed commissioners, pursuant to Minnesota Statues 117.011 <br />and 117.042; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />LINO LAKES, MINNESOTA: <br />1 Authorizes the acquisition of land by Eminent Domain and to take title and <br />possession of that land prior to the filing of an award by the court appointed <br />commissioner, pursuant to Minnesota Statues no. 117, and <br />2. The City Attomey is requested to file the necessary Petitioner therefor, and to <br />prosecute such action to a successful conclusion or until it is abandoned, dismissed, <br />or terminated by the City or the Court. <br />Adopted by the Lino Lakes City Council this 16th day of December, 2002. <br />John J. rge n, Mayor <br />