HomeMy WebLinkAbout1997-164 Council ResolutionMember Kuether introduced the following resolution and moved its adoption:
LINO LAKES CITY COUNCIL
RESOLUTION 97-164
EMINENT DOMAIN RESOLUTION
WHEREAS, the City of Lino Lakes proposes to construct and improve streets and
utilities to serve the Lake Drive Trunk Utilities Project and Apollo Drive, Phase 3,
proj ect.
WHEREAS, the improvement consisting of construction said street and utilities is herein
determined necessary to provide for the safety of the public, and
WHEREAS, permanent and temporary 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 Minn. Stat., 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 Minn. Stat, 117.011 and
117.042, and,
WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of
required easements 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 Minn. Stat.
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: November 10, 1997
ATTEST:
Marilyn G. Anderson, Clerk -Treasurer
John L. Landers, Mayor
RESOLUTION NO. 97 - 164
Page -2-
The motion for the adoption of the foregoing resolution was duly seconded by member
Bergeson and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Kuether, Lyden, Neal, Landers.
and the following voted against same: None.
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 November 10, 1997.
67A -
Marilyn G./ Anderson, Clerk -Treasurer