HomeMy WebLinkAbout1997-185 Council ResolutionMember Kuether introduced the following resolution and moved its adoption:
LINO LAKES CITY COUNCIL
RESOLUTION 97-185
EMINENT DOMAIN RESOLUTION
WHEREAS, the City of Lino Lakes proposes to construct and improve 79`h Street by
constructing streets and utilities to serve the Highland Meadows project, and
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 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 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 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: December 29, 1997
ATTEST:
-124
Marilyn G. Anderson, Clerk -Treasurer
John L. Landers, Mayor
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, Neal, Landers.
and the following voted against same: Council Member Lyden
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 December 29, 1997.
Marilyn G. Anderson, Clerk -Treasurer