Resolution - #05-06-169 (amended by Res #05-12-425) - 06/14/2005

Home

Administrator is directed to make a good faith attempt to negotiate personally with the owners ofthe Permanent Easements in order to acquire the property by direct negotiation in place of the use of eminent domain proceedings, which negotiations are pursuant to the requirements of Minn. Stat. ~117.036. 5. The City Administrator is authorized to expend necessary funds for appraisals of the Permanent Easements. Before commencing an eminent domain proceeding pursuant to this resolution, the City Administrator on behalf of the City shall obtain at least one appraisal for each of the properties described above. At lease 2:0 days before 'presenting an eminent domain petition to the District Court, the City Administrator shall provide the owner with a copy of the appraisal and inform the owners of their right to obtain an appraisal pursuant to Minn. Stat. ~ 117.036. 6. That if the Permanent Easements cannot be acquired by direct negotiation, they shall be acquired by eminent domain and that the City hereby authorizes acquisition of the Permanent Easements by eminent domain and to take title and possession of that land prior to filing of an award by the Court Appointed Commissioners pursuant to Minn. Stat. ~1l7.011 and ~117.042. 7. Upon direction of the City Administrator, the City Attorney is authorized to file the . necessary petition therefore, and to prosecute such action to a successful conclusion or . until it is abandoned, dismissed or terminated by the City or Court. The motion of the adoption of the foregoing resolution was duly seconded by Councilmember Cook, and upon vote being taken thereon,' the following fin favor thereof: Mayor Gamec Councilmember Cook Councilmember Olson Councilmember Pearson And the following voted against the same: Councilmember Elvig Councilmember Jeffrey Councilmember Strommen And the following abstained: None And the following were absent: None RESOLUTION #05-06-169 Page 3 of 4