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HomeMy WebLinkAbout2001-166 Council ResolutionMember K e " n e : 7L- introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION 01-166 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposes to construct and improve the Weber Addition by constructing the 2001 Surface Water Management project, and WHEREAS, the improvement consisting of construction of storm sewer and grading is herein determined necessary to provide for the safety of the public, and WHEREAS, permanent easements and fee simple interests over certain lands are required to provide for said construction, and WHEREAS, Lino Lakes has authority to acquire right-of-way for said improvements Eminent Domain pursuant to Minnesota Statutes, and WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes 117.011 and 117.042, and, WHEREAS, Lino Lakes has been unable to successfully negotiate access to the required area on Lot 4, Block 1, Weber Addition at this time; NOW THEREFORE BE IT RESOLVED, That the City Council hereby authorizes the acquisition of land by Eminent Domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioner, pursuant to Minnesota Statutes No. 117, and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary Petitioner therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Dated: October 8, 2001 ATTEST: ,�..�.. Ann B14 City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member a 61 ! and upon vote being taken thereon, the following voted in favor thereof: Fei' t, 1 Cv) C 5 6%.-.-1 and the following voted against same: Nie. ca, I .Strtes. a., d C� o V1 V•12 ( Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on October 8, 2001. Aim Blair, City Clerk