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-26 CITY OF ST. ANTHONY RESOLUTION NO. 01- 037 BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (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 (the "Harding Street Ponding Project") it is necessary for the City to acquire perpetual utility and ponding easements over a portion of certain property in the City which is described in Exhibit A attached 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 construct the Harding Street Ponding Project it will be necessary to procure the required easements by the right of eminent domain, pursuant to Minnesota Statutes, Chapter 117; • WHEREAS the construction of the Harding Street Ponding Project makes it necessary for the City to acquire the required easements as soon as possible, and no later than May 25, 2001, and in order to construct such improvements on a timely basis it will be necessary to procure the required easements through a "quick-take" condemnation action, pursuant to Minnesota Statutes, Section 117.042. NOW, THEREFORE, BE IT RESOLVED, that in order to construct the Harding Street Ponding Project, the City proceed to acquire the required perpetual utility and ponding easements over a portion of the property described in Exhibit A attached hereto under its power of eminent domain and pursuant to Minnesota Statutes, Section 117.042; 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.