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Member Kuether introduced the following resolution and moved its adoption: <br />LINO LAKES CITY COUNCIL <br />RESOLUTION NO. 96-10 <br />EMINENT DOMAIN RESOLUTION <br />WHEREAS, the City of Lino Lakes proposes to construct and improve a street to serve the new <br />school site, and <br />WHEREAS, the improvement consisting of constructing said street is herein determined <br />necessary to provide for the safety of the traveling public, and <br />WHEREAS, permanent and temporary 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 Highway by eminent <br />domain pursuant to Minn. Stat. No. 117, and <br />WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an award by <br />the court appointed commissioners, pursuant to Minn. Stat. No. 117.011 and 117.042, and <br />WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of the required <br />easements at this time; <br />NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the acquisition <br />of said land by eminent domain and to take title and possession of that land prior to the filing of <br />an award by the court appointed commissioner, pursuant to Minn. Stat. 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: February 12, 1996 <br />ATTEST: <br />riAMayn G nderson <br />Clerk -Treasurer <br />fil'774/41v <br />John L. Landers, Mayor <br />