HomeMy WebLinkAboutResolution 2006-100CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NUMBER 2006-100
RECITALS
WHEREAS, the City has authorized the construction of 2006 water system
interconnect projects (collectively "2006 Improvement Project "); and
WHEREAS, Richard Bergman and Eileen Bergman ( "the Bergmans ") are the record
fee owners of the following- described real property ( "Bergman Property ") situated in Lake
Elmo, Washington County, Minnesota, to -wit:
Tax Parcel No. 01 -02 -92 -121 -0005;
and
WHEREAS, in order to construct the 2006 Improvement Project, the City needs to
acquire a permanent easement for the construction, maintenance, operation, inspection,
and repair of a water main and public utilities, together with a permanent easement for
ingress and egress at any and all times with all machinery, tools, equipment, vehicles and
materials necessary over, under and across the following portion of the Bergman Property:
Commencing at the northwest corner of Section 1, Township 29
North, Range 21 West; thence south a distance of 295.98 feet to the
southerly right -of -way line of Minnesota Trunk Highway 36; thence
easterly along said southerly right -of -way line a distance of 2155.70
feet to the point of beginning of the centerline of a 20 foot wide
easement; thence south 00 degrees 49 minutes 38 seconds east, a
distance of 550.00 feet and there terminating ( "Bergman Easement ");
and
WHEREAS, the City has obtained a market value appraisal of the Bergman
Easement; has provided Bergmans with a copy of the market value appraisal; has met with
the Bergmans to discuss the acquisition of the Bergman Easement; and has provided a
written offer to purchase the Bergman Easement for a value in excess of the market value
appraisal; and
WHEREAS, the Bergmans have not yet responded to the City's written offer to
purchase; and
WHEREAS, it is critical that the City acquire the Bergman Easement in an expedient
manner.
NOW, THEREFORE, be it resolved that the City Attorney is hereby authorized to
commence an eminent domain proceeding to acquire the Bergman Easement pursuant to
#S § 117.042, thec "quick take" process.
Cited: September 2006
FA1Ws\cAR0LE\jpflres re bergman prop.wpd
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CITY OF LAKE KO
[jean Johnston
Its Mayor
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