Resolution - #08-08-145 - 08/12/2008

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Councilmember Elvig introduced the following resolution and moved for its adoption: RESOLUTION #08..08..145 RESOLUTION AUTHORIZING ACQUISITION OF CERTAIN PROPERTY INTERESTS NECESSARY FOR THE REALIGNMENT OF 167u1 AVENUE NW, CITY PROJECT #08..27 WHEREAS, the City finds it necessary and in the public interest to realign 167th A venue NW, City project #08-27, to serve the public transportation needs of the City's residents (the "Public Improvement Project"); and WHEREAS, the Public Improvement Project is identified on the City's master municipal transportation plan; and WHEREAS, the City has acquired by direct negotiation certain rights of way necessary for the Public Improvement Project; and WHEREAS, it is necessary to acquire fee title and easements to certain other parcels; and waEREAS, the legal descriptions of the properties to be acquired in fee title are as follows: see attached EXHIBIT A (the '\Fee Title Properties"); and WHEREAS, the legal descriptions of the properties to be acquired by easement are as . follows: see attached EXHIBIT A (the "Easement Properties"); and WHEREAS, the Fee Title Properties and the Easement Properties are hereinafter referred to as the "Required Properties"; and WHEREAS~ the City declares that it is in the public interest to acquire the Required Properties above described; and WHEREAS, the City has authority to acquire the Required Properties for the Public Improvement Project by eminent domain pursuant to Minn. Stat. Chapter 117; and WHEREAS, the City has the right to acquire title and possession of the Required Properties prior to the filing of an award by the Court appointed commissioners, pursuant to Minn. Stat. 9 117.001 and g 117.042; and RESOLUTION #08..08-145 Page 1 of 4