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Member Kuether introduced the following resolution and moved its adoption: <br />LINO LAKES CITY COUNCIL <br />RESOLUTION 97-185 <br />EMINENT DOMAIN RESOLUTION <br />WHEREAS, the City of Lino Lakes proposes to construct and improve 79`h Street by <br />constructing streets and utilities to serve the Highland Meadows project, 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 <br />lands are 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 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 the acquisition of <br />required easements 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: December 29, 1997 <br />ATTEST: <br />-124 <br />Marilyn G. Anderson, Clerk -Treasurer <br />John L. Landers, Mayor <br />