HomeMy WebLinkAbout2022-010CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2022-010
A RESOLUTION APPROVING APPRAISED VALUES, OFFERS OF COMPENSATION
AND EASEMENT ACQUISITION BY EMINENT DOMAIN FOR THE OLD VILLAGE
PHASE 5 AND 6 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to City Council resolution adopted on March 16, 2021, the Council
Ordered the Improvements for the Old Village Phase 5 and 6 Street, Drainage, and Utility
Improvements to extend public sanitary sewer to replace failing private on -site individual wastewater
treatment systems, to replace aging watermain, and reconstruct the public streets; and
WHEREAS, the plans require the acquisition of permanent roadway, drainage and utility
easements and temporary construction easements to construct and maintain the Project, as depicted
in Exhibit A attached hereto ("Easements"); and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient,
and in the interest of the general welfare that the City acquire title to and possession of the Easements
in furtherance of the Project; and
WHEREAS, the City Council finds that the construction schedule for the Project makes it
necessary to acquire title to and possession of the Easements prior to the filing of the final report of
the condemnation commissioners to be appointed by the district court; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the acquisition of the Easements are necessary and for a public purpose in
furtherance of the Project;
2. That the City Administrator and City Engineer are authorized and directed to engage
independent real estate appraisers to provide the City with the appraisers' opinions of
damages caused by the City' s acquisition of the Easements needed for the Project;
3. That the City Administrator and City Engineer are authorized and directed to acquire
the Easements needed for the Project by voluntary negotiation and, if necessary,
through the exercise of the power of eminent domain;
4. That the City Administrator and City Engineer are authorized and directed to make
offers of compensation to the respective landowner for the Easements needed for the
Project consistent with the independent appraisals, and to attempt to negotiate the
voluntary acquisition of the Easements;
5. That the law firm of Kennedy & Graven, Chartered, is authorized and directed to take
all steps necessary on behalf of the City to acquire through eminent domain the
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Easements that are not acquired by voluntary negotiation, including filing an action in
eminent domain and using the quick take procedure under Minn. Stat. § 117.042;
6. That the City Administrator is authorized to approve the appraised values for the
Easements if the City Administrator determines that the independent appraisals
adequately reflect the fair market values thereof for the purposes of Minn. Stat. §
117.042.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF
JANUARY, 2022.
CITY OF LAKE ELMO
(Seal)
ATTE
Julie o on
City k
By:
arles Cadenhead
Mayor
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