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HomeMy WebLinkAbout2002-193 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-193 RESOLUTION AUTHORIZING THE EMINENT DOMAIN PROCESS — 62nd STREET RECONSTRUCTION OF STREET AND STORM SEWER PROJECT. WHEREAS, pursuant to resolutions of the Council adopted May 14, 2001, a study has been prepared by the City Engineer, with reference to the improvement of 62nd Street Reconstruction by constructing Street, storm sewer, sanitary sewer and watermain extensions, and WHEREAS, pursuant to resolutions of the Council adopted October 28, 2002, authorizing the preparation of plans and specifications for the Reconstruction of Elm Street, and WHEREAS, the improvement consisting of construction of storm sewer and street improvements is herein determined necessary to provide for 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 right-of-way prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statues 117.011 and 117.042; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 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 Statues no. 117, and 2. The City Attomey 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. Adopted by the Lino Lakes City Council this 16th day of December, 2002. John J., rgesot , Malor Ann BI?I' , City Clerk AGENDA ITEM 7E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: December 16, 2002 TOPIC: Resolution No. 02-193, Authorizing Eminent Domain Process, 62nd Street Reconstruction VOTE REQUIRED: Simple Majority BACKGROUND: Due to the continued development and growth of the area increasing the traffic on this road and the deteriorating condition of 62nd Street between Ware Road and Red Maple Lane, the City Council authorized the preparation of plans and specifications for the 62nd Street Reconstruction project. As part of this project, acquisition of additional right-of-way is necessary for the completion of the street and storm sewer construction. In order to meet the spring construction schedule, the Eminent Domain must start in the next couple of weeks. The City will continue to pursue the acquisition of land through negotiations with the property owners. However, if those negotiations breakdown, the Eminent Domain process must be in process to meet the construction schedule. OPTIONS: 1. Adopt Resolution 02-193, Authorizing the Eminent Domain Process, 62nd Street Reconstruction. 2. Not Adopt Resolution No. 02-193. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 02-193 be adopted.