HomeMy WebLinkAbout1990.06.06 RESO 1990-0016RESOLUTION NO. 1990-16
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDING AND TO AUTHORIZE
TARING OF TITLE AND POSSESSION OF THE LAND PRIOR TO FILING OF AWARD
BY COURT APPOINTED COMMISSIONERS
WHEREAS, the City of Hugo, Washington County, Minnesota,
hereinafter the "City" proposes to acquire approximately 70 Acres of
real property; hereinafter the "Property", with structures for
accommodating one or more immediate public purposes including but
not limited to --
1) public park and open space area;
2) public access to Rice Lake Wildlife Management Area;
3) community center building and related parking area;
4) wetlands preservation area;
and for accommodating one or more future public purposes including
but not limited to --
5) fire station site,
6) civil defense siren site,
7) sand and gravel storage location for road work,
8) equipment storage and parking location,
9) recycling center, and/or
10) other public purposes, and
any or all such future public purposes as may be from time -to -time
established by the City; and
WHEREAS, the City desires that the Property be served by access
to a surfaced collector roadway or arterial roadway; and
WHEREAS, the City is desirous of acquiring the Property in close
proximity to the City's Municipal Urban Service Area; and
WHEREAS, the City has authority to acquire the Property for one
of said purposes pursuant to Minnesota Statutes Sections 465.01,
117.011, Chapter 429, and such other Statutes as may be applicable;
and
WHEREAS, the City has the right to acquire title and possession
of the Property prior to filing of the award by the Court appointed
Commissioners, pursuant to Minnesota Statutes Sections 117.011 and
117.042; and
06/05/90
1
IV , 1*0
WHEREAS, the Property is owned by the White Bear Road and Gun
Club, a Minnesota non-profit corporation; and
WHEREAS, the Property is generally described as follows, to -
wit: the N 1/2 of the NE 1/4, Section 28, Township 31 North, Range
21 West, less property previously conveyed of record, it being
understood that the exact legal shall govern, continuing 70 acres,
more or less, and
WHEREAS, other parties, if any, having any interest in the
Property shall be identified, notified and made a part of the
eminent domain proceeding as required by law.
WHEREAS, the public use or public uses contemplated are not
inconsistent with the City's Comprehensive Municipal Plan and Zoning
Ordinance; and
WHEREAS, the City authorized negotiation for the purchase of the
Property by Resolution 1990-10, adopted by the City the 2nd day of
April, 1990, but the City has been unable to successfully
negotiate the purchase of the Property;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City
of Hugo authorizes acquisition of the Property by eminent domain and
to take title and possession of that land prior to the filing of an
award by the court appointed Commissioners, pursuant to Minnesota
Statutes Sections 465.01, 117.011, and 117.042, Chapter 429, and
such other statutes as may be applicable; and
BE IT FURTHER RESOLVED, that the Hugo City Attorney is requested
to file the necessary Petition therefore, and to prosecute such
action to a successful conclusion or until abandoned, dismissed or
terminated by the City or the Court.
Upon roll call, members voting AYE: Jesinski, Olson, Vail, Atkinson
ABSENT: McAllister
Voting NAY: NONE
hereupon s Resolution was declare passed d ado ted this
day of , 1990.
F1
Attest:
Mary AAA Creager, City erk
06/05/90
2