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Member Kuether <br />introduced the following resolution and moved its adoption: <br />LINO LAKES CITY COUNCIL <br />RESOLUTION NO. 96-75 <br />EMINENT DOMAIN RESOLUTION <br />WHEREAS, the City of Lino Lakes proposes to construct and improve streets and utilities to <br />serve the Clearwater Creek Development Center, and <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 lands <br />are 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 <br />award by the court appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042, <br />and, <br />WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of the <br />required easements at this time; <br />NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the <br />acquisition of said 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. No. <br />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: June 24, 1996 <br />ATTEST: <br />Marilyn'.••••• /27) <br />G. Anderson, Clerk -Treasurer <br />John L. Landers, Mayor <br />