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.54 CITY OF ST. ANTHONY D p � C • D G3 RESOLUTION 01- BE IT RESOLVED by the City Council of the City of St.Anthoi.,, (the "City"), WHEREAS, the City owns and operates a municipal storm sewer utility (the "Utility") pursuant to Minnesota Statutes, Section 444.015; WHEREAS, in connection with the construction of improvements to the Utility it is necessary for the City to acquire utility easements and ponding easements over a portion of certain property in the City which is described on Exhibit A hereto; WHEREAS, the City has been negotiating with the owners of the property described in Exhibit A to acquire the required easements and to date the City has not entered into agreements to acquire the required easements, and in'order to the construct the improvements to the Utility it will,be necessary to procure the required easements by the right of eminent domain. NOW, THEREFORE, BE IT RESOLVED, that in order to construct the improvements to the Utility, the City proceed to acquire the required utility and ponding easements over a portion of the property described in Exhibit A hereto under its power of • eminent domain; and that the attorneys for the City be instructed and directed to file the necessary petition or petitions therefore and to prosecute such action or actions to a successful conclusion, or until it is abandoned, dismissed or terminated by the City or the Court; and that the attorneys for the City, and the officers of the City do all things necessary to be done in the commencement, prosecution and successful termination of such eminent domain proceedings. BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of the utility and ponding easements over a portion of the property described in Exhibit A hereto by the City under its power of eminent domain is necessary to construct the improvements to the Utility. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager •